* Krishna * (CA Student) (6149 Points)
23 December 2010Your mother gave you those ancestral bangles at the time of your marriage as "streedhan". Now you want to sell it. Then be ready to shell out capital gains tax. This tax needs to be paid even though you don't know at what price your mother had purchased the ornaments.
But how do you know what is the capital gains tax rate applicable? To do this, you need to decide whether the gold ornament is a long term or short term asset.
To decide whether the gold is long or short, find out how long have held it. If your holding period is over 36 months, it is considered as a long term asset, and accordingly long term capital gains (LTCG) tax rate is charged. If you have held it for less than 36 months, then they are considered as short term capital assets and you end up paying long term capital gains tax.
LTCG is computed as follows:
LTCG tax = (Selling price of ornaments - Indexed price of purchase) x 20 %
As per tax laws, you can derive benefit from increasing prices or inflation. This allows you to adjust the actual purchase price against the latest price. As a result, your profit adjusted against inflation will be much lesser than the absolute profit.
To compute the indexed price of purchase, here is the formula:
Indexed price of purchase = Original purchase price x (CII for the year sold/ CII for the purchased)
CII is the Cost Inflation Index and is declared by the income tax.
Original purchase price for inherited assets
Date and price of purchase for preceding owner = Date and price of purchase for you
E.g. if your mother had purchased the ornaments on 20th November 1995 at the price of Rs. 80,000, then your date of purchase is considered as 20th November 1995 and your purchase price is Rs. 80,000.
However had your mother purchased the ornaments before 1st April, 1981, then the price of the ornaments is the fair market value (FMV) prevalent on 1st April 1981. visit a government authorized valuer in order to get the FMV.
CA Pankaj Jain
(Chartered Accountant)
(1243 Points)
Replied 27 March 2012
Anita
(lecturer )
(99 Points)
Replied 26 March 2020
query-please reply--where price is unknown for inherited gold purchased before 1971, (mother received from her mother, mother-in-law and husband), we receive after mother passes away in 2019 and sell in say 2019, is the following working for tax amount on LTCG on inherited gold correct? Am ready to pay some amount for professional advice reg. the foll. queries--
1) working-let us say an eg to tell if d working is correct--FMV as on 1st april 2001=4300 INR so let us say for 100gms working--
fmv 100gmsx4300 = 430000
-sale value-100gmsx3000 = 300000
= 130000x20% = 26000
+4% health&edu cess on 26000= 1040
tax payable =27040
but if indexation along with price then?
fmv 4300 so 100x4300=430000
430000x289/100 then = 1242700-sale value 130000
then loss -5300
which working is correct or is any correction required to the above both workings.
query 2) challan 280 to be filled by an individual for online payment of this tax and self assessment no 300 option to be selected in that challan, right?
then pay and click a pic/save screenshot of challan no, dt and bsr no, right?
query 3) is this tax to be paid by 30th june (with no interes, no late fee, no penalty) or by 31st march in d current corona virus issue
query 4) then when we file the itr we show this amt paid, right?
query 5) for a house holder with no income (pan card declared yrs back home tuitions with annual income 50000(fifty thousand) per yr but since past few yrs, no tuitions income. So is the same working proper for a householder and does this householder have to file ITR later on?