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Taxability of revenue sharing jda (joint development agreement)

Tax queries 1249 views 3 replies

Respected Sir/Madam,

I Need clarification Regarding Taxability of JDA.

M/s X (Firm -- in Construction Business) and Mr.Y (Company -- in construction Business) entered into a revenue JDA with a M/s.Z (Company) by transferring Land owned by them to Developer for Development, in return X and Y will get share of 10% on ASP each (Actual Sale Price to the Ultimate Customers) Construction is under process....

But as per Section 45, This transaction treated as transfer in the hands of Landowners in the year of transfering the possession to Developer and will be chargeable to capital gains in the same year.

But how to arrive Full value of consideration and cost of acquisition (assuming properties purchased 5 years back, not agricultural lands).

What if the JDA is containing clauses of partly Revenue sharing and partly in constructed property by developer.

Thanks in Advance.

 

Replies (3)

Land owned by both the firm X & Y jointly? If its stock in trade, it will be treated as income u/h PGBP.

Thanks for your reply sir,

They are not owned jointly, and They are holding such properties as Capital Assets.

 

Construction companies holding land as capital assets; any auditor report? or resolution passed?


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