Save tax

Originally posted by : cozywool
	I have purchased a flat where my wife and I are co-owners, her is the first name in the agreement. My dad has an old flat which we are planning to sell and invest that money into this new house. How can my father and I save tax in this deal and use the ful money gained from selling the flat to pay for this new house? Please suggest a valid and proper wayout to save the income tax.

""EXEMPTION OF CAPITAL GAINS

(i) Capital Gains on sale of residential house [Section 54]

Income by way of capital gains arising to an individual and a Hindu undivided family from

the transfer of a capital asset would be exempt subject, however, to the following

conditions:

(1) The capital asset must be a building or buildings or lands appurtenant thereto and be

used as a residential house.

(2) It must be in the nature of a long-term capital asset.

(3) The income (actual or deemed) derived from the property must be chargeable to tax

as “income from house property” under section 23.

(4) The assessee must have either constructed within a period of at least three years

after the date of transfer or within one year before or two years after that date purchased

a house property for residential purposes. It may be noted that it is not required that the

new house should be used by the assessee for his own residence.

If all the above conditions are satisfied, then the capital gains will not be charged to tax as

the income of the previous year in which the transfer took place; instead the capital gains

shall be dealt with as under:

(1) If the amount of the capital gains is greater than the cost of the new asset, the

difference between the amount of the capital gains and the cost of the new asset shall be

charged as the income of the previous year. Thus, if the amount of capital gain exceeds

the amount reinvested only the difference would be chargeable to tax as capital gains.

But, if the house property so purchased or constructed is sold within three years from the

date of its purchase or completion of construction, as the case may be, the actual cost of

the asset to the assessee shall be taken as nil and consequently the whole amount

received on the second transfer shall be taxable as capital gains.

(2) If, on the other hand, the capital gain is equal to or less than the cost of the new

asset no capital gain would arise to the assessee; but the cost of the property, if sold

within the period of three years, shall be the actual cost less the amount of capital gain

which was not taxed previously.

Where the amount of capital gains for the purposes of section 54 is appropriated towards

purchase of a plot and also towards construction of a residential house thereon, the

aggregate cost should be considered for determining the quantum of deduction under

section 54, provided that the acquisition of plot and also the construction thereon, are

completed within the period specified in these sections - Circular No.667, dated 18.10.93.

Where any such house property satisfying the conditions laid down in section 54 is

compulsorily acquired under the law and additional compensation is awarded by any

Court, Tribunal or other authority, the capital gain attributable to such additional

compensation would be exempted from tax if such additional compensation is utilised by

the assessee for the purpose of purchase or construction of a house property for

residence within the specified time. The specified period for making the qualifying

investment for purposes of exemption in relation to the capital gain attributable to the

additional compensation will, in such cases, be determined with reference to the date of

receipt of the additional compensation by the tax-payer. Sub-section (2) of section 54

provides for this treatment. In such cases, if the regular assessment for the relevant year

in which the capital asset was compulsorily acquired had already been completed before

the qualifying investment attributable to additional compensation is made by the

assessee, the Assessing Officer can amend the relevant assessment order.

When the transfer is by way of compulsory acquisition and the compensation awarded by

the Government is subsequently enhanced by Court, the assessee can get exemption if

he invests such additional compensation for purchase of a residential house.

If the flat belongs to your father your father can get tax benefit and not you.