If husband sale the immovable property (for consideration) to his wife will attract capital gain.
Please give section reference.
Thanks.
7 Replies
Avtar Singh
(363 Points)
Replied 20 August 2018
If it is a genuine transaction provision of capital gain/loss will be applicable.
Piyush Shirodkar
(CA Final Student)
(1358 Points)
Replied 20 August 2018
Section 54 would apply and also TDS u/s 194IA would apply if the value of immovable property exceeds Rs 50 lakhs
JAI BHOLA
(504 Points)
Replied 20 August 2018
Yes , it will attract and make sure the consideration is adequate (not less than stamp duty value ) , if falls below ,husband will be deemed owner of the house property and SDV shall be considered sale consideration .
CA Bhavik Soni
(867 Points)
Replied 21 August 2018
It is better to be shown as gift. only 4.9% stamp duty will be applicable.
JAI BHOLA
(504 Points)
Replied 21 August 2018
but in the case of gift , husband will still be deemed owner....
Ajit kumar
(Article Assistant)
(31 Points)
Replied 21 August 2018
Thanks all for your valuable feedback.
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