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Which method would be tax saving.

Tax queries 893 views 5 replies

Hi, I have an Query with Experts In this Field. My Father-in-law has a property in Indore,M.P. And He wants His Daughter to Purchase a Flat in Hyderabad. SO Which Way Would Be More Beneficial. To Sell His property in Indore & purchase new property on his name in Hyderabad or He should Sell his property & transfer that amount in his daughter's account and help purchase property at hyderabad in Daughter's Name. Please Advice the more beneficial method to save from Capital Gain.Because whatever property he purchased was 20 yrs ago and when he would sell it to purchase new one he would have to pay capital gain i guess. Plz Suggest ASAP. regards, Sharma. 9392454427.

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Replies (5)

You have not mentioned the type of property your Father in law has. He should choose the 1st option of buying flat in his name instead of his daughter. For the other conditions see the sectionwise chart.

 

Capital Gain exemptions in short

Long Term Capital Gain - Exemption

u/s 54

u/s 54B

u/s 54EC

u/s 54F

a.

Who can claim exemption

Ind/HUF

Individual /HUF added by Finance Bill 2012 wef fy 12-13

Any person

Ind/HUF

b.

Eligible assets sold

A residential
House property
(minimum holding period 3 year)

*Agriculture land which  has been   used   by   assessee himself or by his parents for agriculture purposes during last 2 yrs of transfer

Any   long-term capital assets (minimum holding period 3 years) 

Any long term asset (other  than  a residential  house  property ) provided on the date of transfer the taxpayer does not own more than one residential house property from  the assessment year 2001-02 (except the new house)

c.

Assets to be acquired for exemption

Residential house property

Another agriculture land
(urban or rural)

Bond of NHAI or
REC

Residential house property

d.

Time limit for acquiring the new assets

Purchase :1 year back or
2    y e a r   f o r w a r d , Construction:   3   year forward

2 yrs forward

6 months forward

Purchase :1 year back or 2 year forward, Construction:
3 year forward

e.

Exemption Amount

Investment in the new assets or capital gain, which ever is lower

Investment in
the agriculture land or capital gain, which ever is lower

Investment   in   the new assets or capital gain,  which  ever  is lower (Max. Rs.  50
Lacs in Fin. Yr.)

Investment in the new assets / Net
Sale consideration X capital gain

f.

Whether "Capital gain deposit account  scheme" applicable

Yes

Yes

not applicable

Yes

 

explain properly with figures and date of purchase of old property of father in law that he wants to sell than only we can suggest better

Ur father In law should sell their current property...and should claim exemption u/s 54 by purchasing new house in his own name...thereafter should gift it to his daughter....gift would not be taxable as given by a relative..not sure about that..

He may sell the property and invest the long term capital gain in the new property at hyderabad. File your ITR and claim exemption. Later, he may gift the property in favor of his daughter. A gift deed will have to be prepared duly stamped and registered.

It will be better to buy a property in the name of your father in law. As under section 54 he will get exemption from Long Term Capital Gain. Later on  same may be gifted to daughter by way of gift-deed.

Please note that any amount of capital gain which is in excess of value of new plat shall be taxable as Long Term Capital Gain.

 

Further Note-

1. Gifting of capital asset to a relative is not considered as taxable transfer at all - sec 47 (iii)

2. Gift of any amount even of immovable property to a relative is not taxable at all, only stamp duty value has to be paid for transferring immovable property by way of gift - Section 56 (vi) and (vii).

 


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