Need guidance regarding tax implication of constructing house for parents

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Looking for some guidance regarding any tax implications related to building house for my parents. Here is the scenario:

  1. Few years ago, I purchased a plot (vacant land) in my mother's name. I assume the purchase will be considered a gift and hence not taxable for my mother. Since it was paid using after-tax income (I directly paid the seller), I don't think there was any tax implication for me.
  2. Now I want to build a house on that plot. I am in NRI status now. I will be paying for the construction - will directly be paying the builder/contractor. There is no loan involved. If I transfer money to my India NRO account and use that to fund the construction, will there be any tax implication? It is after-tax income. And since the funds will only reside in my account for a short period (before I transfer it to builder), there is no interest that I earn. Again, I presume there is no tax implication for my mother here.
  3. Now if my parents decide to rent out the property in the future, will the rental income be considered such (i.e. income from house property) and be taxed accordingly? In this case, since my mother will directly collect the house rent, I assume, she will have to pay the relevant taxes? And there will not be any tax implications for me?

Can you please confirm if these assumptions are true - or if there are any other considerations I should be aware of. Thanks, VS

Replies (3)

1. Correct

2. Correct, but clarity for future about the capital from your end to your mother would be better. I mean either gift or loan, as the house property would be in your mother's name.

3. Yes, the rental income from house property will be taxed accordingly, but taxed according to slab rate. (only if total taxable income for senior citizen after available deductions exceeds Rs. 3 lakhs)                       Correct, no tax liability over you

Thanks for your quick response Mr Rambhia. Regarding #2 above, how can it be done to ensure good clarity? Since I plan to pay the builder/contractor directly, is there a way to document that my contribution was a gift to my mother for the purpose of house construction (since she will not be directly involved in these transactions at all)?

 

Gift deed can be executed between you & your mother. So that the transaction will be having legal recognition.

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