LTCG or STCG?

An assessee has interited plot from her deceased husband which was purchased in 1980. It was given to development in 2017 for 10flats for which assessee was given 4 flats in the dec2021.She want to sell a flat to a buyer in sept 2023. Whether LTCG or STCG will be applicable for the flat sale.?

Thanking you
Replies (7)
Quick Summary
This discussion explores whether the sale of an inherited flat will be subject to Long Term Capital Gains (LTCG) or Short Term Capital Gains (STCG) tax. The assessee received four flats in December 2021 from a development project initiated in 2017, and plans to sell one in September 2023. The conversation also touches upon the tax treatment of land transfer, the difference between pension commutation and loans, and the implications of filing an updated return for LTCG declarations. A key point raised is how to determine sale proceeds when no direct payment has been received from the builder.

Whether any LTCG declared in AY 2022-23 over the transfer of land?

What is the difference between commutation of pension and a loan? both cases we pay principal and interest

Commutation of Pension means payment of lump sum amount in lieu of a portion of pension surrendered voluntarily by the pensioner based on a duration of period in relation to the age. This is purely an optional facility provided by the Government to the pensioner. 

Here pensioner receives a portion of pension amount in lump sum.

While LOAN is money lent at interest

They have not declared any LTCG sir !

Need to file Updated return for the declaration of LTCG over land.

The capital gain over the flat will be Short term if sold before Dec. 2023.

But no sale consideration received from the builder for the development... then what will be the sale proceeds sir ?

Transaction would deemed to be taken at market value.

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