Wealth tax on residential property purchased during the year

Tax queries 2165 views 4 replies

Wealth tax on second property acquired during the year

The assessee has purchased his second house during the year, say on 1st July and lets out the property from 1st July to 31st March; i.e. for 273 days, which is less than 300 days.

However, since the property has been let out for the entire duration that it was under the assessee's ownership during the previous year, will wealth tax be applicable on this second house?

As I understand from a plain reading of the Act and the rules, a residential property is exempt from wealth tax if it is let out for more than 300 days during the previous year. Are there any rules / notifications / circulars / case laws that explicitly deal with the above situation?

Thanks in advance for your help !

 

Replies (4)

Wealth Tax is basically charged on assets which are present as on the valuation date i.e. 31.03 of every year.

In your case, since there are 2 houses, you can claim exemption of any 1 house.

Also, no. of days for which property is let out is less than 300 days, it will still be considered to be an asset and hence liable to wealth tax.

Regards

Prateek

Thanks Prateek.

I am still hopeful of stumbling upon any precedent / parallel wherein the intent behind "300 days" is interpreted in favour of the assessee who has been in possession for part of the year and has let out the property for a substantial part of the year (in a ratio > 300/365).

Does anyone else have any views / information on this?

What about the second house ,  constuction of which completed in  January  possesion taken in February and let out in March. Whether  it wil included in taxable  wealth on  valudation date i.e. 31st March?

Hay i have one more daut about applicablity of weath tax. Fact of case I sale plot i.e. commercial land received consideration rs 4 cr sale date 31 st march 2012. Can i eligible for wealth tax or any attachments exemption case fron wealth tax. Please send to s.randale @ gmail.com


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