LONG TERM CAPITAL GAIN ADJUST NEW PURCHASE HOME

Tax queries 1594 views 5 replies

Dear All

I purchased home in year 2000 @ 5,51,000/- and made additional expenses like renevation around 2 lacks. Same house sold in Aug 2010 @ 20 lacks. As per income tax how much capital gain will be their also in dec 2010 I invested for Bank auction property and purchase flat 18,91,000/-  also additional expense like stamp duty 1.5 lack ,society 50,000/- agent commision 60,000/- ,property tax 21,000/- ,some renevation around 1.5 lacks and furniture around 70,000/-. Total value of the flat was 18.91+5.0= 24 lacs. agreement done in 15 mar 2011.Now I am selling same flat around 27 lacks. The Recknor rate of the new purchased flat was 27 lacks.

My question ,is it my LTCG will be adjusted against new flat purchased and how to save money on short term capital gain.If i sold same flat in march 2011 or apr 2011 which is profitable for me.Because new purchase  property agreement not done yet. Also after selling this flat I am going to buy another flat (Like trading business)

Replies (5)

 

Fist of all you will get benefit of cost inflation index and expenses like stampy duty agent Commission You can invest your LTCG in purchasing new house u/54 or left amount from LTCG will be taxable… and you could not get benefit on STCG …. You have to pay tax on cost of acquisition minus sale price = STCG

As agent comission and house renevation are applicable for short term capital gain,also necessary to  show bill and cheque payment . Please clear these points. Society Pending balance around 50,000/-,Property Tax  21000/-  will be consider  as expence for bank auction property purchase. As old property on joint name ,new property on joint name then  capital gain how to allocate. As I am high tax slab my wife earning less than 1 lack if i show all the on wife tax return then ok.

As I read sec 54 exemption  in which my long term capital gain if invested in new purchase house  but if I sale this house within 3 yrs then what. As my long term capital gain amount was 8 lacks and new purchase house cost was 25 lacks. As new purchase house I am selling 27 lacks the short term capital gain was 2 lacks then what abount the long term capital gain i.e. 8 lack which adjusted in new house.

As in section saying  new property required to keep minimum 3 yrs . Plese clear this point to me.

 

If you keep any house for more than three years than it will be LTCG and if you this LTCG in purchasing new house within two years or within 3 years of contruction u/s 54 than if any remaining amount is left from LTCG it will be taxable or if its fully utilized than no tax payable…

 

STCG from house property no benefit will be available just pay tax on STCG…

My question as LTCG amount  can adjust for new home purchase and sale with 1 yrs. As my LTCG amount was 8 lacks, new home cost was 24 lacks. Again I  selling new home at 27 lacks. As STCG was 3 lacks its ok , but the LTCG 8 lacs will get adjusted against this transaction .


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