one of my friend sold his residential property for a huge amount. how to calculate & file the return,i mean is have to consider as a capital gain or other.
Purchaser deducted already 1% TDS and transferred to Govt. AC.
19 November 2013
yes... he shall be liable for capital gains tax unless he wishes to reinvest the gains/consideration received as per provisions of section 54, 54ec etc
19 November 2013
If the property was held for more than 36 months then it will be long term capital gain on such transfer.. In general tax on long term Capital gain is 20 percent.. However certain exemption is allowed to avail the exemption to avoid capital gain tax..
Invest such amount in Purchasing of another Residential property.. Sec 54..
Investing Capital gain amount in NHAI/REC Bonds sec 54EC...
You also need to reduce the indexed cost of acquisition from 80 lakhs to arrive at capital gains. if you dont buy or construct a house, you shall have to pay taxes.
If you intend to buy or construct a house, either do it by the due of date of filing tax returns for the relevant assessment year or deposit the said amount in capital gains accounts scheme to use the same to buy or construct the house within the timelines prescribed in section 54.
I thought this Property has transferred from his father to him (Inheritance)in 2003, hence we have to take the index cost of acquisition 463(2003-04 duration).
but we don't know the original value of the property when its was purchased by his father.
my Question is what would be the original cost at the time & is the index cost of acquisition correct.
19 November 2013
1. please check the when did hie father bought/constructed this asset. If it was constructed/purchased before 1981, then the fair value as on 1 April 1981 shall be considered as the cost.
2. In case it was purchase/constructed after 1 April 1981, then you need to talk a property valuer to arrive at a reasonable value of such asset as on the date of completion of construction or year of purchase.
3. Indexation is rightly being calculated from 2003-04.
If the tax payer women is there any particular exemption ?
Pubic notice through news paper is it treated as a advertise expenses (Before selling the asset he has given a public notice as per law if anybody having rights on particular property)?
is the Advocate charges should be treated as expenses ?
21 February 2014
The Property sold in the month of August and we received the Amount from buyer,but till today we wont open the capital gain Ac to deposit the money to get benefit under the capital gains sections.
We are planing to buy new property in the coming next years ?
hence is we need to open capital gain AC now to keep that amount to get the benefit as well as to file the IT Return for FY 2013-14?
21 February 2014
you need to open the capital gains a/c before the date of filing return under 139(1). if you are able to utilize the whole of the funds before filing the return, then there is no requirement to deposit any amount in capital gains account. If there is any unutilized amount as on date of filing the return, you need to put such amount in the capital gains account.