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Tax returns for selling old house and buying new one

Tax queries 406 views 5 replies

I sold my old house in September 2012 and used the capital gains to purchase a new one in Nov 2013. Do i need to file tax returns for showing this if i don't have any other income to report ? The house is jointly held by me (NRI) and my mom (resident).

Replies (5)

Dear Rohan

 

you will be eligible to claim exemption for your new house purchased in 2013. you need to file ITR even you dont have any other income in India.

your mother also req. to file ITR. 

 

both of you need to show his/her respective share in property,gain and exemption claimed by you u/s 54. 

for both of you ITR filing  for A. Y. 2013-14 is MUST 

 

Thanks taxpundit! Is there any way to get details of CA's near mira road from CAclubindia, mumbai who can help with our returns. We had last filed our returns in 2007 since we didn't have any taxable income since then.

Originally posted by : TAX PANDIT
Dear Rohan

 

you will be eligible to claim exemption for your new house purchased in 2013. you need to file ITR even you dont have any other income in India.

your mother also req. to file ITR. 

 

both of you need to show his/her respective share in property,gain and exemption claimed by you u/s 54. 

for both of you ITR filing  for A. Y. 2013-14 is MUST 

 

 

Can we claim this exemption even if we hadn't put the capital gains amount in CGAS account ? A couple of CA's we contacted said it is not allowed if not put in cgas account.

you need not to put capital gain to capital gain deposit account because you have already purchase a house in nov 2013.

 

but if we assum that you have not purchased  house than it is mandatory for you deposit the amount in capital gain deposit account scheme.on or before the due date of filing return.

You and your mother, both will have to file ITR showing the details of this transaction. Since the LTCG has already been reinvested in another property, there shall not be any tax liability on LTCG.


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