Income Tax Department Clarifies Cost of Acquisition for Pre-2001 Properties Under New Capital Gains Tax Regime



Quick Summary
The Income Tax Department has provided clarification on how to determine the cost of acquisition for properties purchased before April 1, 2001. This is important for calculating capital gains tax under the new regime. Taxpayers can use either the original cost of acquisition or the fair market value as of April 1, 2001 (not exceeding the stamp duty value), whichever is more beneficial.

In the realm of property taxation, a crucial issue has surfaced regarding the Cost of Acquisition for assets bought before April 1, 2001. This determination affects the calculation of capital gains and tax obligations.

The Income Tax Department has brought a clarification in this regard via X handle as follows -

Pre-2001 Property Cost of Acquisition Clarified

New Capital Gains Taxation regime

An issue has been raised as to what would be the Cost of Acquisition as on 1.4.2001 for properties purchased prior to 2001. 

For properties (land or building or both) purchased prior to 1.4.2001, the cost of acquisition as on 1.4.2001 shall be:-

  • Cost of Acquisition of the asset to the assessee; or
  • The Fair Market Value (not exceeding the stamp duty value, wherever available) of such asset as on 1.4.2001.  

Taxpayers can choose either option as per section 55(2)(b) of the Income-tax Act, 1961. 

An illustration to explain the same

Illustration

FAQ :

The department has clarified how to determine the cost of acquisition for properties bought before April 1, 2001, for capital gains tax purposes.

Taxpayers can choose either the original cost of acquisition or the fair market value of the property as of April 1, 2001.

Yes, the fair market value used cannot exceed the stamp duty value of the property, where available.

Taxpayers should choose the option that is most beneficial to them, as per section 55(2)(b) of the Income-tax Act, 1961.

The clarification specifically applies to properties (land or building or both) purchased prior to April 1, 2001.




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