• Property gain tax

Sir, I have booked a flat costing 34 lakh and tripartite agreement was done in Jun 2015 as I took a loan of 18 lakh from Bank and payment was done stagewise. All payment has been done except 02 percent which is to be paid on possession. Possession was promised as Mar 2017 but it may take another 1 or 2 year (as I am not sure). Registry also is not done as there is no use as I am paying rent and premium for loan too. Recently I have sold a residential plot in Apr 2017 costing 16 lakh which was purchased in the year of 2004. How can I exempt from Long Term Capital Gain Tax as this is no gain this is only loss because of cheater builders.
Thanks
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

1) Sale of residential plot has been done in April 2017

2) LTCG is exempt for an individual on sale of a residential property, if such gains (not the whole consideration) is utilised to purchase or construct another residential house.in your case since you are selling residential plot after 13 years it would attract LTCG

3) It should be noted that the new house should be purchased within one year before or two years after the date of transfer. In case of construction, the new house should be constructed within three years from the date of transfer.

I 4) n the alternative it is provided that LTCG can be availed in respect of of under construction house if it is completed within period of 3 years from date of transfer of house .

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

if you want to save capital gain tax then you can invest whole sale proceed in long term capital gain tax bond or directly invest in another immovable property within 2 years from the date of sell of the land.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. What is the grace period?

2. If the grace period, if any, has also expired then you can move the consumer forum against the builder to seek delivery of possession with damages for mental agony suffered by you. Delay by a builder in delivering the possession within the promised time is deficiency in service.

3. Before going to consumer forum serve a lawyer's notice to him.

4. Since you have sold the property after 3 years you qualify for long term capital gain tax. You can claim tax exemption on the long-term capital gain on the sale of a house. To avail of this exemption, you must use the entire profit to either buy another house within two years or construct one in three years. If you had already bought a second house within a year before selling the first one, you could still avail of the tax exemption. Such capital gain exemption is reversed and the amount taxed as capital gain if the new property is sold within three years of the date of purchase/construction. This profit will be considered a short-term gain and taxed at the normal slab rates, not the 20% beneficial rate.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

If you have sold a residential flat other than the one the which you are intending to buy now, then the capital gains tax on that property shall be applicable accordingly, why do you mix up that property with this.

Do you want to say that you want to utilise that fund for the purchase of this property?

But since you have already paid the entire amount, check up your position and status on exemption of the capital gains tax.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2506 Consultations

1) sale of flat is done in april 2017 . new house should be purchased till April 2019 .

2) you have made 98 per cent payment for the flat . if possession is given by March 2018 you can claim benefit of tax eexemption

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

It depends on how you compute in order to get the ,maximum benefits under LTCG.

For the registration to be done in the next year, you may show that the funds out of the property already sold have been utilised for purchasing this property. However for claiming exemptions under LTCG tax, the computation shall be made on the property sold and not on the property purchased.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2506 Consultations

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