Skinny Lizard (Manager) 15 April 2012
My maternal grandmother who is presently 85 and a widow has been residing in a house she recieved from her father as a wedding present in 1940-1941.
She has sold her house to a neighbour for Rs.50 lakh. One payment of 28 lakhs was recieved in Aug 2011, which was used to buy an apartment of Rs.32 lakh in her and my mothers name.
She will recieve another payment in May 2012 of Rs. 22 lakh.
i was wondering what would be her tax liability/capital gains be & what she could do with her money to minimize her liability.
thank you for your time in advance.
Pranesh (Student) 15 April 2012
As your Maternal Grand Mother is 85 years in AY 2012-13, so she will not be liable to tax upto 5,00,000 rupees. Also she got gift from her father in 1940-41 on marriage, so Cost of Acquistion will be the cost to her Father or Fair Market Value as on 01/04/1981 (as per her Choice).
She got 50 Lakhs as Consideration for sale of House Property which will be taxable as Long term Capital Gains after indexation of Cost of acquisition in AY 2012-13. It does not matter that she haven't got full amount in the year of transfer i.e 2011-12.
Also amount invested for purchase of Apartment will be eligible for exemption under section 54 to the extent of 32 lakhs.
For minimising your tax liabilty the cost of acquistion chosen by you should be less than 2 Lakh rupees (provided she don't have any other source of income.)
You can understand more clearly by following illustration:
Consideration Received 50,00,000
less: Indexed Cost of acquisition (2,00,000 * 785/100) (15,70,000)
Long Term Capital Gain 34,30,000
less: Exemption u/s 54 (32,00,000)
Taxable Income 2,30,000