Long term capital gain - section 54f

Jiten (Consultant Banking & Financial Services)   (32 Points)

10 September 2016  

Dear Sirs

Greetings of the day!

I would request you to please guide me on the following issue:

CASE DETAILS
 
  1. A and B (his wife) own a SELF USE Residential property jointly (A being the first owner and his wife B as the second owner) - THIS PROPERTY WAS TOTALLY FUNDED BY "A" FROM HIS SELF EARNED INCOME & THROUGH LOAN AND THE LOAN HAS BEEN PAID IN FULL BY "A" ONLY.
  2. "A's"  wife "B" was included as Co-Owner ONLY to meet the bank Loan requirements and for their own convenience purpose so that in case of death of any of them the title transfer happens smoothly and "B" has never benefited from this property in any manner and she has been a NON-beneficial owner all through. 
  3. A, B and their family members were owning a Residence Cum Commercial property jointly.
  4. This Residence-cum-commercial property has been sold off now and "B" has received her part of share from the sale proceeds and hence earned Long Capital Gain (LTCG).
 
QUESTION
Section 54F of the Income Tax Act allows the investment of the LTCG in residential property and save the LTCG Tax.
  1. The question is WHETHER "B" (A's Wife) can buy a new property SOLELY in her name (or with A as the Joint Owner with partial contribution) by investing her full amount of LTCG and TAKE benefit under Section 54F i.e. save on the Capital Gains Tax.
 
An early Guidance in the matter shall be sincerely appreciated as otherwise she needs to coordinate deposit the advance tax appropriately.
 
Warm Regards
Jiten