Tax planning for property ltcg exemption
KR (SDM) (33 Points)
14 August 2013KR (SDM) (33 Points)
14 August 2013
Mihir
(Wealth Manager)
(5293 Points)
Replied 14 August 2013
When a person gifts an immovable property, the cost of acquisition computed at the time of sale shall be the cost of acquisition for the previous owner.
The cost of acquisition for each 5 family members shall be the cost of acquisition for the father in the year 1981. Therefore, the indexation shall be from the year 1981.
Each 5 members shall be liable to pay long term capital gain on the sale of the property. Exemption u/s 54 and 54EC is available to each members ie to invest in another property within 2 years u/s 54 and investing in the bonds within 6 months u/s 54EC.
The gift deed should be stamped and registered. Expressed acknowledgement and acceptance of the donee in the gift deed is a must.
KR
(SDM)
(33 Points)
Replied 14 August 2013
Thanks for the quick response Mihir. Just to make sure I've understood this properly, please let me know of this is calculation as an example is correct.
Let's say cost of initial acquisition by father(1981) - 10 lakhs
CII adjusted acquistion cost at sale (2013) - 15 lakhs (assumed for simplicity)
Sale price - 1.65 crore
--------------------------------------------
Net capital gain - 1.5 crore (1.65 - 0.15)
Capital gain for each of 5 family members (1.5c /5) - 30 lakhs
Can each of 5 family members invest their respective 30 lakhs in LTCG bonds under 54EC or buy a propery individually within 2 years under sec 54? Does it make Nil LTCG tax overall?
Thanks
Kiran
Mihir
(Wealth Manager)
(5293 Points)
Replied 14 August 2013
Yes.
Computation is given hereunder:-
Sale price:
Less indexed cost of acquisition to the previous owner (purchase price in 1981)
Less indexed cost of improvement if any
Less transfer expenses if any
Equals Long term capital gain
Long term capital tax at 20.36% (no tax if the above is invested)
Divide the long term capital gain by 5. That would be the amount to be invested by the members to have no tax liability with regard to long term capital gain
KR
(SDM)
(33 Points)
Replied 16 August 2013
I recently heard that if the property is sold soon after it's transferred as gift and registered to the family members, the gain will be treated as Short term caiptal gain in the handls of family members and LTCG exemption will not be available and hence they need to pay tax on sale proceeds as per STCG rule.
Could you asvise if this view is correct? But, I've also read from some forums and articles that in case of a gift to family member the holding period of Donee(recepient) for the purpose of calculating LTCG wil be the same as holding period of Donor and hence LTCG will be applicable and not STCG. Appreciate your thoughts on this topic.
Thanks
Kiran
Mihir Manohar
(CA Final - Article Assistant)
(474 Points)
Replied 16 August 2013
I think Mihir is absolutely Right... fantastic case law.