Lt capital gain on house sale

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I request guidance for the following issues regarding Long Term Capital Gains on House Property.  My relative is planning to sell a Residential Property purchased by him in the 'Seventies, and would like the following clarifications reg LTCG:
 
1.  For a property purchased/built in the '70s, is it the right approach to get a Valuer's certificate for its Market Value in 1981 (to be subsequently Indexed)?  Or is it necessary to have the original cost of the '70s itself used with the 1981 Index?
 
2.  Cost of additions to the property in the '80s and later are only to be simply Indexed, or also Valued by a Valuer?
 
3.  For reinvestment of Capital Gain u/s 54EC or into another House property, the capital gain amount is to be kept aside in a Cap Gain Scheme account:
-  IS the entire Cap Gain amount to be kept in such an account, or only the amount to be used for Reinvestment?
-  What is the Latest day to put in such Cap Gain amounts into such an account- eg Immediately after Sale; end of Tax Year, etc.?
 
4.  The IT Rates schedules for LTCG also mention a tax rate of 10% in benefit of Indexation is not taken.  Since for very old properties, this rate is more beneficial than using the Indexation benefit (indexed cost also being very small), can one plan to make use of the 10% rate without indexation in this case?

Thank you.
Replies (2)

1. You can take Fair Market Value of the property as on 1-4-81. You can go to the office of registrar of properties to know the Fair Market Value of properties in your area on or around 1-4-91.. Else you can use the valuation made by registered valuer.

2.Cost of Improvement is to be indexed as and when it was done.. You need not revalue improvements.

3.For reinvestment in any other Residential house property (u/s 54) you need to deposit the amount of capital gain for which you are seeking exemption in Capltal gain Deposit Account Scheme before return filing date (if you have not utilized the same).

-you can deposit the amount for which you are seeking exemption.. (only that amount will be exempted which you have deposited in the said account) and if amount remains unutilized (Within 3 years) then it shall be taxed After 3rd year.

-The last day for depositing the amount is your return filing date

-For bonds (54EC):you have to invest the amount within 6 months of such yransfer to claim the deduction (ceiling limit 50,00,000)

4.To my knowledge, there is nothing (regarding proprties) as without indexation 10%. you can use the benefit of indexation & pay 20% on long term capital gain.

 

Please correct if i m wrong

thanks

Sumit ji, Thank you for your response, which is extremely helpful. Regarding 10% Tax Rate, Sec 112 ITA talks of a 10% Tax Rate on Long Term Capital Gains without Indexing. I have been trying to figure out its applicability on Real Estate transactions. Kindly advise on this aspect.

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