Tax impact

In the month of December 2019, I have purchased house on the name of me and my dad by selling his old house. Can i sell this house( whivh is boight in 2019) now and buy another one? is there any tax implications? please guide me what shoild i do.
Replies (7)
Quick Summary
This discussion explores the tax implications of selling a house purchased in December 2019, jointly with your father. The core question is whether you can sell this property now and purchase another without incurring significant tax liabilities. The advice centres on Section 54 of tax law, which allows for capital gains tax exemption when reinvesting in residential property, but with specific time limits for purchase or construction. Selling the house before holding it for the required period (typically 2-3 years depending on the exact sale date and tax rules) could result in short-term capital gains, negating the benefits of Section 54. However, if the house is sold at the original purchase price, no capital gain arises, thus avoiding short-term capital gains tax.

As per section 54, transfer of LT Residencial house and purchase of one residential house or construct one residence house.
Time limit - Purchase (before 1 year or 2yrs of transfer) or construct within 3 yrs of transfer.
Exemption = purchase of new asset or amount deposited into Capital gain deposit a/c.

Provided that, if capital gain amount does not exceeds ₹ 2 crore, then the assessee purchase 2 Residencial house instead of 1 residential house.

Exemption disallowed- if the new asset is sold within 3 yrs of original asset transfer, then the cost of new asset will be reduced by amount exempted earlier.
No you cannot sale the house now as it will lead to short term capital gains and no benefit of section 54 will be available to you for purchase of new house. You should sell the house after 3 years from 2019
What if i sale the House on same price (purchase price). Still STCG will affect?
If no gain occurs then stcg shall not arise
Then i can sale it on purchase price. and buy new one now?
Originally posted by : nilesh borse
What if i sale the House on same price (purchase price). Still STCG will affect?

In case of house, if you sell the house after 2 years (earlier it was 3 years) i.e. by Dec 2021, gain would be long term capital gain (not short-term). If you buy another house, you may claim exemption u/s 54.

But if you sell within 2 years, then STCG tax would be payable on gains. If you sell now at purchase price, no tax on capital gain would arise.

No restriction if you would like to buy another house but no exemption in case of sale of short term capital assets. Since there is no gain, this doesn't matter I think.

 

Thank you so much

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Follow