CA
426 Points
Joined November 2008
| Originally posted by : Harsha Yareshimi |
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my father bought site in 1989 for ₹50,000 now that site costs ₹60 lakh ...after saling if i credit ₹60 lakh to my bank account ..may i pay tax for that ? how much ? what kind of tax i've to pay ? income tax or property sale tax ? will bank deduct directly in my account ? |
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When you sell this immoveable property - the buyer of this property will have to deduct TDS @ 1% from the sale proceeds i.e. you will get Rs. 60Lacs minus Rs.60000 = Rs.5940000 in the bank account. The bank will not deduct and tax, it is the buyer who will deduct and pay you the balance. This deducted TDS can be claimed back as mentioned below.
This sale transaction will have to be shown in the income tax return of your mother since after your father's death she is the righful owner of the property being sold. In her return capital gains will have to be calculated as follows:-
Sale Consideration = Rs. 6000000
Less: Indexed cost of acquisition
(50000*272/100) (-) Rs.136000
Capital Gains = Rs.5864000
Tax @ 20% will have to be paid on this capital gain of Rs. 5864000 in case exemption benefit is not taken.
In case this is a house property , exemption can be claimed under section 54, 54F or 54EC.
In case this property is a land ( urban land) , exemption can be claimed under section 54F or 54EC.
The TDS deducted at source at 1% by the buyer can be claimed back by showing it in the Income tax return.
In case the property is an agricultural land, then this capital gain will be exempt and no need to show in the Income tax return and no need to pay any tax.