Purchase of real estate with parents - tax implications

Tax planning 355 views 5 replies

Hello,

I am a salaried individual looking to buy an apartment in my home town, essentially because my parents want a place they can rent out. They also want to sell a plot of land which is far from the town as they do not want to manage it going forward, and potentially re-invest the capital on this house.

My father is looking to contribute to part of the downpayment (50-50) and then I will take the debt, with them ready to contribute to 50% of the EMI if needed. He is almost 70 years old, and he's a retired govt. employee with a pension and sufficient rental income. I also have a brother abroad.

The tentative plan is for us to buy the place now, for which I wanted to understand the following :

  1. Can I include my father in the home loan as a co-applicant / borrower?

  2. Can I include my father and father as co owners of the property while we do the sale deed?

I'm looking for guidance on how to :

  1. Save tax on the sale of my father's plot of land, and reinvest in this apartment - we are yet to officially put it on sale, but are planning to sell it within the next year.

  2. Deciding co owners and co borrowers - my father is already old, and my brother lives abroad so if anything untoward happens I want to make sure it is hassle free, given legal heirs etc.

  3. Save tax on rental income from this new property - my mother is a home maker and has income only from FDs, which make her fall below the exemption limit.

What would be the best way to go about this? Thanks a ton!

Replies (5)

Sell the plot first, invest in new residence with father's share limited to the capital received from the plot. In the flat you and your father can be coowners. In loan banks would be happy to include him as coborrowers, but won't help much.

It will take us a take a while to sell the plot at a good price, but this apartment is avialable now which we want to take. 

In terms of capital gains taxes, will it work if we buy the apartment now and sell the plot within 1 year and pre-close the loan?

No, in that case capital gain exemption will not be eligible.

Isn't capital gains exemption under section 54 available if

  • The new property can be purchased either 1 year before the sale or 2 years after the sale of the property.

For exemption of LT CG over sell of plot/land sec. 54 is not applicable, but sec. 54F is eligible.


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