25 July 2012
for calculation of long term capital gain indexton should be date from purchase & date of possession because half payment done at time of purchase in 1999-2000 and possession given in year 2004-05
18 July 2024
When you sell a farm house, the tax consequences and ways to save tax depend on whether the property qualifies as agricultural land or as a capital asset under the Income Tax Act, 1961. Here's a breakdown of the key points:
### Tax Consequences:
1. **Agricultural Land vs. Capital Asset:** - If the farm house is situated on agricultural land and is used for agricultural purposes, it may qualify as agricultural land. In such cases, capital gains tax may not apply. - However, if the farm house is not situated on agricultural land or if it is not used for agricultural purposes, it will be treated as a capital asset, and capital gains tax will be applicable on its sale.
2. **Calculation of Capital Gain:** - **Indexation:** For calculating long-term capital gains (LTCG), indexation benefits are available. Indexation adjusts the purchase price of the property for inflation using the Cost Inflation Index (CII) published by the Income Tax Department. The indexed cost of acquisition is calculated from the year of purchase to the year of sale. - In your case, where half payment was made in 1999-2000 and possession was given in 2004-05, you would calculate the indexed cost of acquisition using the CII for these respective years.
3. **Tax Rates:** - **Long-Term Capital Gains (LTCG):** If the property is held for more than 3 years before sale, LTCG tax applies. Currently, LTCG tax on immovable property is 20% with indexation benefits.
4. **Exemptions to Save Tax:** - **Section 54:** You can save tax on LTCG from sale of a farm house by reinvesting the sale proceeds in another residential property in India. - The new property must be purchased within 1 year before or 2 years after the sale of the farm house, or constructed within 3 years from the date of sale. - The amount of LTCG that can be invested in the new property will determine the exemption from tax.
5. **Documentation and Compliance:** - Maintain all relevant documents such as sale deed, purchase deed, possession certificate, and receipts of payment for calculating and reporting capital gains accurately.
### Conclusion:
To determine the exact tax consequences and benefits of selling your farm house, including whether it qualifies as agricultural land or a capital asset, it's advisable to consult with a tax advisor or chartered accountant. They can help you accurately compute the capital gains, apply indexation, assess eligibility for exemptions under Section 54, and ensure compliance with tax laws.
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