Yes, you can invest in NHAI Capital gain bond as per LTCG.
I bought a plot of 2800 Square feet in a gated community for Rs 6 Lakhs in year 2000. The property is in both mine and my Wife's names, but the full amount of Rs 6 Lakhs has been paid by me only as my Wife is not working. Now if i sell my plot for Rs 200 Lakhs, can i invest in NHAI, capital gains bonds for Rs 50 Lakhs each in mine as well as my Wife's names ? can i get capital gains tax exemption for the Rs 100 Lakhs invested ? Please advise. We do not want to purchase any further property as we already have a house.
As plot was in joint names, the buyer can pay equal amounts to you and your wife
Each of you can then separately invest in LTCG bonds and claim exemption benefits u/s 54EC of IT Act
The holding period has now been increased to 5 years from 3 years
My question is 1) even if my Wife's money was not invested in purchase of plot in Year 2000, can i now invest Rs 50 lakhs each in my name as well my Wife's names in NHAI bonds to avoid LTCG tax ? i mean investing a total of Rs 100 Lakhs in NHAI bonds in both names ?
You can invest only Rs 50 lakhs in capital gains bond as full consideration was paid by you
your wife is not entitled to any benefit of long term capital gains exemption as she has not paid any consideration for purchase of plot
oLng-term capital gains from transfer of capital assets like real estate,if invested in capital gain bonds specified under section 54EC of the Act—provide exemption from tax.
You need to invest in these bonds within 6 months from when the capital asset was transferred.
The maximum amount of capital gains that you can invest in these bonds is Rs50 lakh.
However, in case of jointly held assets like real estate, each owner has a separate limit of up to Rs50 lakh for investing in these bond
your wife cannot invest in these bonds for claiming exemption from long term capital gains tax
In the case of long-term capital gains on sale of the jointly owned property, whether commercial or residential, each one of the co-owner shall be entitled to claim exemption under Section 54EC, by investing the indexed capital gains up to Rs 50 lakhs.
See since it was in name of both you then you shall be co-owners and shall receive 1 cr each in that case you have to invest individually for both to save the capital gain tax either in bonds or house properties.
Yes you will get the exemption get the amount of capital gain computed from CA.
Sir you can invest freely in government owned bodies based on there reviews and can get exemption. Maximum 50 L for each can be invested and current interest is 5.25 interest.
1. LTCG can be claimed ONLY & ONLY by a person who has shown the property in its Income Tax Returns.
2. in lieu of above, IF Husband has shown the property in his Income Tax records and IF wife has NOT shown the property in her Income Tax records, THEN only husband is legally entitled to claim LTCG. Anything else will be prosecutable.
Keep Smiling .... Hemant Agarwal
Yes
You and your wife can receive 1cr each from buyer through separate cheques
From that you need to deduct cost of acquisition of plot, and all costs associated with transfer of plot like brokerage, legal charges etc
The balance remaiming will be considered your capital gains
That you and your wife can separately invest in LTCG bonds, subject to max limit of 50lacs each
Thus in aggregate you and your wife can invest 1cr and save tax on this amount
Your wife can make you a nominee for the bond she would purchase using her share of sale proceeds
Since holding period of bond is 5 years, your wife can make a Will for the same in your favour
1) For purchasing property wife's money has not invested. But property is purchased on wife's name she is owner and after 18 years she has sold the property so you have to invest on her name Bond.
A: REC (Rural Electrification Corporation) and NHAI (National Highways Authority of India) are the bonds eligible under Section 54 EC. Q: What is the maximum investment limit for the Section 54 EC- Capital Gain Bonds? A: Rs. 50 lakh is the maximum amount that can be invested in these bonds
Long-term capital gain is the gain that is derived out of a sale of an asset that has been held for more than 2 years in case of immovable property and 3 years in case of debt funds or jewelry. You can invest the gain in certain specified bonds to claim tax exemption within 6 months of the date of sale of the asset. Save tax on long-term capital gains by investing in 54EC bonds such as REC Capital Gain Bonds, NHAI Capital Gain Bonds, IRFC Capital Gain Bonds & PFC Capital Gain Bonds respectively. Budget 2018 has proposed to amend the 54EC section of the Income Tax Act wherein capital gains arising only from the sale of assets such as land or building or both will be considered for tax exemption. It has also proposed to increase the lock-in period to 5 years from 3 years. This amendment will take effect from 1st April 2018.
You and your wife can invest ion the NHAI bonds up to Rs. 50 lakhs each.
even if my Wife's money was not invested in purchase of plot in Year 2000, can i now invest Rs 50 lakhs each in my name as well my Wife's names in NHAI bonds to avoid LTCG tax ? i mean investing a total of Rs 100 Lakhs in NHAI bonds in both names ?
You both are joint owners.
Those who wish to save taxes on LTCG can invest the amount in the capital gains bonds within six months from the date of arising profit. By investing in 54 ec Capital gain bond one can save up to Rs 50 Lakh in a single financial year. These instruments are not only capital protected instruments, but they also provide a steady stream of income to you. At Karvy, you can invest in Capital Gain Bonds.
hence there is no legal infirmity in that even though you solely invested but in joint names.