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Taxation confusion in constructing builder floor

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Let me take an example to explain the situation : I sell my 1st house in X amount, buy another plot for Y amount and finally get floors built on that plot through builder for Z amount. This process overall takes 2.5 years. The Z amount I pay the builder through selling one floor. Finally I don't have any amount left with me, rather a loss.

Y (PLOT AMT) + Z (PAID TO BUILDER) > X (RECEIVED AMOUNT ON SELLING FIRST HOUSE) in 2.5 years

Example:

Y = 50 lacs, Z = 40 lacs, X = 50 lacs

Y+Z ( 50 + 40 ) = 90 > X (50 )

Do I need to pay any tax now?

Replies (3)

Yes u need to pay capital gain tax on sale of immovable property.

Originally posted by : Raj Malhotra
Let me take an example to explain the situation : I sell my 1st house in X amount, buy another plot for Y amount and finally get floors built on that plot through builder for Z amount. This process overall takes 2.5 years. The Z amount I pay the builder through selling one floor. Finally I don't have any amount left with me, rather a loss.

Y (PLOT AMT) + Z (PAID TO BUILDER) > X (RECEIVED AMOUNT ON SELLING FIRST HOUSE) in 2.5 years

Example:

Y = 50 lacs, Z = 40 lacs, X = 50 lacs

Y+Z ( 50 + 40 ) = 90 > X (50 )

Do I need to pay any tax now?

In these you are acquiring the plot from the whole consideration therefore no capital gain would arise if plot is acquired within time limit of income tax.

Probably need bit more here

Date for X -  Feb 2018, sold 1st house

Date for Y -  April 2018, bought 2nd house

Date for Z  -  November 2020, sold and paid floor to payback builder

Does it fall within the time limit for any capital gain? What is ideally needed to avoid any tax for floors construction as this is a common need of today?

 

 


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