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Income tax on property sale
Kanu Doshi / Mumbai May 4, 2008, 4:09 IST

Either you can purchase a property with the proceeds or pay tax after indexation benefits, but only if the property sold had been held for more than three years.

I purchased a house in September, 2004 for Rs 2.64 lakh and sold it four years later for Rs 4.94 lakh. My annual salary is Rs 1.90 lakh. Do I need to show the capital gains as part of my income? What would be capital gains tax?

- K. Nagaraja, Bangalore

The long-term capital gains on the sale of a house is applicable, if the property has been held for over three years and should be included in your salary. However, you can claim the benefit of indexation on the gains.

The benefit of indexation can be calculated by multiplying the cost of property with the Cost Inflation Index (CII) of the year of sale and dividing the result by the CII of the year of purchase.

In your case, the indexed cost works out to be Rs 3,03,050 (2,64,000 * 551/480). The long-term gain works out to Rs 1,90,950 (4,94,000 - 3,03,050). The amount of capital gain will be taxed at a flat rate of 20 per cent, which works out to Rs 38,190.

However, you can save this tax under section 54 by purchasing a house within two years from the sale or if you construct a new residential property within three years from the sale. In r this case, your salary will be taxed as per the usual rate of tax applicable.

Alternatively, you can invest the capital gains of Rs 1,90,950 in Rural Electrification Certificates (RECs) or National Housing Authority of India (NHAI) bonds to save the tax. But remember that there is a three years lock-in period on these bonds. Also, the interest income on these bonds is taxable.

I earn Rs 60,000-80,000 in a financial year through intra-day and short-term trading activity. Under what head will this income be taxed? Can I set off losses against my futures and options (F&O) trading profit and claim deductions for expenses incurred during the course of trading? My annual salary is Rs 6 lakh

- Abhishek Zaveri, Mumbai

Any income from trading in derivatives on the stock market is taxed under the head "business". It is no longer treated as speculation business. Thus, profit on intra-day trading can be set-off against loss made in F&O.

You can also claim deduction of the securities transaction tax (STT) paid on intra-day and F&O contracts as business expense along with any other expenditure on motor car depreciation, petrol, telephone and rent. The net result of the exercise will constitute your business income, which should be given to the tax authorities, along with the salary income.

I gifted Rs 1 lakh to my brother in February by cheque. Should I include the same in my return of income for assessment year 2008-2009 due in July 2008. What documents should I have for this gift?

- Mamta Thadani, Ulhas Nagar

Gifts to close relatives, including one's brother, sister and parents do not attract any income tax in the hands of the recipients. There is no requirement to mention the fact of gift in your tax return.

But you may mention it in your return as a note in the income sheet. As for documentary evidence, it's advisable to draw up a simple gift deed on a stamp paper for your records as well as for your brother's records. This will help him during his income tax assessment.

I am an American working in India for 5 years. I have my visa, residential permit and a PAN card. Am I eligible for investing in tax savings instruments to get deduction?

- William Carter, Mumbai

Since you have been living and working in India for five years, your current residential status under the Indian Income Tax Act is that of an Indian Resident. You are eligible to invest in savings instruments that give tax deduction unless the investment scheme specifically excludes non citizens of India. PPF and NSC are not available to you.

But life insurance premiums and ELSS mutual funds are available to you under section 80C subject to a maximum deduction of Rs 1 lakh.

The writer is a chartered accountant

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    Posted by: Raj
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Posted by: ABHISHEK
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Posted by: Avinash
Whoever is this CA is great .. He has given very specific answers. Thanks for giving clear information. Avinash
Posted by: RameshKumar
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Posted by: tejveer
my dad has sold his house for 10 lacs. He bought it before 15 years & after paying loan term of ten years he got the registry of house. he is on his pension now. & going to build new house in village with in 5-8 months. will any tax be applicable.
Posted by: aziz
I bought an apartment after taking a house loan. If I sell it after 3 yrs I am told that along with Long term capital gains I am also liable to return the Tax benefit that I received for Home loan interest. Can the tax benefit on home loan Interest be offset like the long term capital gains if I buy another house or apartment ? thanks, aziz.
Posted by: ANIL
MOTHER 79 YEARS & A SON 48 YEARS JOINT OWNERS OF RESIDENTIAL PROPERTY IN NAVI MUMBAI PURCHASED IN 1985 BEING SOLD. WHAT WOULD BE THE TAX IMPLICATION ON SUCH TRANSACTION ON MOTHER & SON?
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I SOLD 50 GRAMS GOLD AT ABOUT RS.1LAKHS . WHAT WILL THE CAPITAL GAIN TAXON IT. BUSINESSMAN
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Hi, I have purchased a flat in 2005 for 4.5 lakhs. and then in 2006 i have purchased another flat for 24 lakhs on loan. loan amt is 21 lakhs. I want to sell my old flat and repay my current loan. old flat cost will be around 12 lakhs. Thanks do I have to pay tax on thsi money.
Posted by: Bunty
Sir I am getting a salary of Rs. 10.3 lacs per anum since 27th May 2007 I sold our ancestral property bought in 1962 for Rs 18.0 lac in Feb 2007 & got payment of Rs 9.0 lac in my name & Rs 9.0 lacs in Fathers name But we didnt show it in the return file. My father expired on 5th Dec2007. Now i want to purchase a Flat of 50.0 lacs in my name. As per my Form 16 from April 2003 till date our dedn of Income tax & saving my summations comes to around 15.0 lacs Also i m planning for 15.0 lacs home loan Some of my amount i am taking from my mother & plann to directly Pay through her account to the developer Also i m planning the payment of 18.0 lacs through my mother signed cheque to the developer, Is it right from IT point of view My father is no more & he has not filed any returns nor my mother has filed any return Are their any tax liabilities in buying a flat of Rs 50.0 lacs Please guide me
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I have purchased an industrial property in 2007 for Rs 35 lacs in Faridabad. I am selling off this property now for Rs 75 lacs. Do I have to show the capital gain as my income? can I save this tax?
Posted by: PNaik
sir, details r as under 1. I had purchased a flat in joint name of my wife at location X in the year june 2007 for rs 12 lac 2. I want sold the above property now for rs. 26 lac. and will be purchased a flat in location Y . What are my tax liabilities after the sale of above flat.
    Posted by: jitender
I received Flat2BHK(mkt cost)1.2cr) in redevelopment scheme against my old 18yrs old Rental(paghdi)flat. I want to sale it,what will be my Tax Liability? flat on joint name with my brother.
Posted by: surinder
sir, details r as under 1. I had purchased a house in joint name of my wife at location X in the year feb 2003 for rs 5.86 lac 2. I sold the above property in May 2009 for rs. 13 lac and purchased a house in location Y for rs. 13 lac 3. While filing IT return , do I have to mention about it? What are my tax liabilities after the sale of above house.
Posted by: bharmal
I received Flat2BHK(mkt cost)1.2cr) in redevelopment scheme against my old 18yrs old Rental(paghdi)flat. I want to sale it,what will be my Tax Liability? flat on joint name with my brother.
Posted by: Seema
In case of longterm capital gain tax on property sale, 36 months period is from date of registration of purchase of flat or date of completion certificate?
Posted by: rupesh
Dear Sir, I have sold the flat on Rs.11,00,000/-. How much tax i want to pay the amount. Thanks & regards, Rupesh
    Posted by: v.s.savant
I want to know the I.Tax to be paid for the flat sold for Rs.5,15,000/-as I have not purchased a flat during the same financial year?
Posted by: sanjeev
i earn 1 lac from intra day trading and 70000 loss from deliveries wich i traded during the year, what will be my tax calculation
Posted by: Deepak
I have a flat 3BHK purchased 2 and half year back, planning to sell this year for roughly INR 45 lakhs. what is the tax i need to pay if i do not invest in 2 years
Posted by: kapoor
Our ancesteral house is under division between 2 brothers and 1 sister.I am the youngest brother presently staying in the house and 1 brother and 1 sister staying elsewhwer want their share-in terms of money. Iam entering into a collaboration with a builder who is ready to pay the amount for my brother and sister in lieu 2 floors of the premises , with 1 floor for me.How is the money part to be given to my brother and sister- 1. can the builder make payment directly to my brother and sister. 2. or will he make payment to me and i have to pay off my brother and sister. What about the tax implications in each case.
Posted by: kapoor
I have a house in Vasant Kunj New Delhi. The house is jointly in the name of self and wife.Please clarify whether the rental income received can be divided between self and wife for taxation purpose.
Posted by: Inderjit
I purchased a property in March 2007 for Rs 1.8 Lacs and sold it in November 2008 for Rs 12.4 Lacs. What is the amount that I need to pay for tax. Is there a way by which I can invest & save tax?
Posted by: Madhav
I had purchased a flat in 2001 at 25 lakhs and have sold it in 2008 for 74 lakhs. In 2005 i purchased another flat at Rs 45 lakhs. I have a loan of 38 lakhs on this property. The proceeds from the sale of the property will be utilised to repay this loan of 38 lakhs. Will i still be charged tax on the capital gains of 49 lakhs
Posted by: B.N.Nagendra
I have purchased a house in March 2005 for 11.00 lakhs & got Housing loan from Vijayabank, due to some financial problem I sold one of my site which was gifted from my mother thru gift deed during 2005 for Rs.9.50 lakhs & repaid the loan amount to Vijaya bank around Rs.10.50 lakhs. till today my loan o/s. is Rs.1.07 lakhs in VB. Do I have to pay Income tax for the property sold? is there any exemption for the loan repayment. Pls. reply in this regard
Posted by: nidhi
i soldahouse which i purchased in 1953 for 35000 in which i had ground floor and got 50 percent share. and it comes to be around ten lakhs.can i purchase two houses.to save tax. and give one on rent.and invest left amount in f.d. for three years locking period.
Posted by: prashant
My parents are tax payers.In FY 00 a flat for Rs 3.46 was bought by mother.In 03 both took joint home loan for Rs 15 lacs for home const.My father avails tax benefit towards principal amount deduct& interest payment. The flat has been sold by my mother for amount of Rs 1000000 this year. Now we want to know: 1.Liability of long term capital gain in this transaction. 2.In case we pay the outstanding house loan on us from this capital gain can we claim benefit under long term capital gain.
Posted by: P.G.Dongre
Sir, for calculation of cost inflation index, where do I get these figures from? Can you let me know the appropriate authority? Thanks
Posted by: s.c.kapur
please make it more clear. where will you get forms to invest in NHRI Bonds or rural electrification bonds. where to submit the bonds and how much interest is being offered. many thanks
Posted by: nitesh_21
Hi,My Dad Sold One Property At Rs.11 Lac,The House Was Constructed In The Yr.1972. How Munch Tax We Have To Pay On This ... & Kindly Provide The Ifromation On Capital Gain Tax A/C With The Bank & If The Amount Is Not Used Within 3 Yr For The Construction Of House Or Repurched With In 2 Yr. How The Tax Will Be Calculated On This Amount Which Was Deposited With The Bank In Capital Gain Tax A/C.
Posted by: Ravi
For Calculation of Capital Gains Tax and applying CII, should we take Year in which the property was booked with Developer or the Actula date of possession OR the date when I am informed that the propert is ready for possession OR when I make full payment?
Posted by: jai
Hi i am jai singh rajawat i want to konw about the income from sold of property
Posted by: surya77
I have bought a prebuilt house in bangalore from a known person on 31st march 2007. He is now asking me to provide him a copy of sale deed so that he can file his tax returns. Its sept 2008 now and I am not sure why he needs sale deed copy for his tax returns. There are many instances where crooks reproduce original documents from photocopies. I am skeptical about giving him a sale deed copy. Appreciate any suggestions to work around my thoughts. Thanks
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