Tax liability on sale of plot and reinvesting in an apartment

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Hello,

 

I own a Plot and looking to sell and purchase an Apartment. This Plot is almost 15 years old and I understand LTCG is applicable. As per 54F, I can avail the exemption for this LTCG if I am going to reinvest the entire proceedings in the new Apartment subject to the following conditions :

1. I own only 1 other house

2. I reinvest within 2 or 3 years

 

Now My questions are as below :

1. I already own 2 houses. Are there any clauses that allows me to take the exemption?

2. If I register one of the houses to my Wife so that only 1 house is left in my name, will that work legally?

3. I have a diughter, who is 18+ years old and unmarried. Can I transfer one of the houses to her name to avail this benifits?

4. Are there any other means to save taxes, while I purchase the new Flat?

 

Any help/guidance will be appreciated.

Thanks,

Gopi

Replies (5)

Yes, you can transfer already held property in name of wife or daughter who should have any other source of income. Transfer shall be for a consideration which can be even in loss. If the person you transferring property doesnt have any other income LTCG will be in your hand.

Or you may invest in Government bonds, NHAI RECL upto 50 lacs and block money for 5 years

Thanks for the quick response.

My wife is a housewife and no other income.

My daughter (US Citizen with OCI status) studing and staying with us and is dependant. No income.

 

Can I do a Gift Deed without any consideration?

 

Please advice.

Thanks,

Gopi

 

Even if you do Gift deed since it will be taxable in your hand since your spuse and child does not have any other source of income

Hello Ruchika,

Thanks once again for the clarification. Is there any other way out for my situation?

 

Thanks,

Gopi


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