Long trem capital gains

Tax planning 569 views 8 replies

Sir,

Recently I enerted into a deal with a developer for developing an old building which was purchased by my father

in the y1959. The deatails of this JV are;

1. Builder to pay Rs 84 lakhs upfront.

2. Builder to give me 2 flats of 775 sqft each in the new building. Current price in the locality is Rs. 11000/- psft

3. I do not stay in the old building but there are 12 tennants whom the builder will settle.

4. I have spent Rs. 20 Lakhs in clearing outstanding loan taken by my father by mortaging the building. This amount also incudes 3 lakhs legal and other expense.

5. The value of the building in the year 1985 wold be around 9 lakhs.

Kindly tell me what are my LTCG and whether I can deduct the expenses incurred for getting a clear title for the property.

Thank you,

Gagan Saigal.

Replies (8)
You can get deduction for loan clearance and title clearance exp plus cost of purchase-indexed value.
As your father has purchased the asset in 1959, you can claim fair market value as on 1.4.81 as cost of acquisition. You can get help from valuer for it.
agreed with above answer.

Thank you for your answers. Will there be any capital gains tax now on the flats which the developer is going to give me ?

Full value of consideration will be 84 Lacs + Stamp Value of Two flat

legal Expenditure will be allowed as deduction

Loan paid (principal amount) will be allowed as deduction u/s 80c if loan is housing loan 

Interest component will be allowed as deduction u/s 24B if it is housing loan

indext cost of acquisition will be calculated either by indexing original cost or FMV on 1.4.81

I thank you all for clarifying the issue. My final queries in this matter are ; 1. The value of land and structure as on 1-4-1981 is about 9 lacs. After taking indexation and expenses into account there is no LTCG. 2. In what way is the amount received from the developer to be shown in my next years returns. Thank you all in advance.

even if there is no ltcg.. you need to show it in your income tax return

I need some clarity on the "consideration amount" to be taken into account to calculate my tax liability. Will consideration be just the up front mony paid by the developer or will it be upfront money plus cost of the promised 2 flats which I will get only after 4 - 5 years. 


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