Thanigai Velan (1 Points)
08 July 2017Dear Sir
Husband and wife having pvt. ltd compnay
if husband sales his property to his own pvt ltd
compnay for issuing share as consideration
is there capital gain tax
on individual tax assessee filing
Thanks
Regards
Thanigai Velan
CA Jubair J Jeri
(Practicing Chartered Accountant)
(147 Points)
Replied 08 July 2017
Yes , it will attract capital gain. Considerations shall be dertermined as per section 50 C , stamp duty valuation on date of transfer or on the date of agreement . And if it is sold less than stamp duty valuation than company will be liable to pay tax on difference amount i.e stamp duty value and actual considerations as per section 56 (2) vii as ammended in finance act 2017.
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