You have to calculate capital gains as per Index formula that is date of purchase, sale and amounts.
Whatever capital gain amount comes that amount need to reinvest in property or in government bonds NABARD.
We have sold a plot owned by 4 family members to two buyers. I have bought a flat from my share of proceeds of the sale. The calculation has been done under section 54F as sale of two different plots as the two buyers are different with separate registration and different amounts on two different dates. The purchase price of flat is lesser than my share of total sale proceeds but more than sale proceeds of either part of the plot. How is the calculation capital gains exemption to be done.
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Please quote relevant supporting rule/case for the method of calculating. In case of any clarification, please contact me on phone. All transactions fall within the ambit of FY 2018-19 ITR filing.
You have to calculate capital gains as per Index formula that is date of purchase, sale and amounts.
Whatever capital gain amount comes that amount need to reinvest in property or in government bonds NABARD.
The capital gains will be calculated separately as the way of proceeds received from different individuals. It will not be combined. It has to be calculated and invested differently by individuals
We are here to guide you and not to teach you like school or colleges.
That's why I said that as per the capital gains calculate the property values.
No matter how many properties are you selling and purchasing, the cost and amount is important.
Section 54 requires you to invest only the indexed long-term capital gains, whereasSection 54F is available if the net consideration of such assets is invested. ... Likewise, for the purchase of a house, the period specified is one year before or two years after the sale of the asset/s.
The exemption under Section 54 is available on long-term Capital Gain on sale of a House Property.
Exemption under Section 54F is available on long-term Capital Gain on sale of any asset other than a House Property.
For long terms capital gains:
20% with indexation benefit and 10% without indexation benefit Exemptions available if proceeds invested in residential house or Section 54EC bonds. Indexation benchmark changed to 2001 from 1981-82 effective 2017-18.
For short term capital gains:
Marginal tax rate – (upto 30%), 3% cess and upto 15% surcharge;
Short Term Capital Gain Tax Calculator
Illustration of Short Term Capital Gains: Mr A sold his property January 2016 at Rs. 50 lakh, which he had purchased in December 2014 for Rs. 30 lakh. As per his income, Mr. A falls in the highest tax slab of 30%. Mr. A spent around Rs. 2 lakh on house improvement during the period and also paid a brokerage of 0.5 per cent of the sale price of the house at the time of selling the house. What will be his taxable capital gains and what is the tax amount payable by him?
In this illustration, the gain achieved on this property in its 2 year holding period will be considered as short term capital gain and will be taxed as short term capital gains tax, as per his applicable income tax slab. In this case, as shown below, Mr. A's short term capital gains will be Rs. 17.75 lakhs and he is liable to pay a tax of Rs. 5,32,500 on this.
Long Term Capital Gain Tax
When you sell your property that is owned by you for more than three years, any gain arising from such sale will be considered as long term capital gain. Long term capital gain is calculated as the difference between net sales consideration and indexed cost of property. The benefit of indexation is allowed to set off the impact of inflation from the gains made on sale of the property so that the actual gains on property will be taxed. This is based on the logic that value of money decreases constantly because of inflation and hence, it is unfair to tax a long term property holder for the nominal gains accruing to him only because of inflation.
Key points to remember:
Cost Inflation Index and its Impact on Capital Gains
The value of money decreases constantly because of inflation. Thus, income tax department in India allows indexing the cost price of property, so as it to adjust it for inflation related price appreciation. The cost inflation index is upgraded by Reserve Bank of India in every financial year.
Under section 54, sell a residential property and invest the gains to buy a new residential property and claim exemption on capital gains tax.
Under section 54, you can claim exemption on capital gains tax exemption, if you invest full or part of your sale proceeds of a residential property in India in another residential property in India. Rules for exemption are as follows:
2.Under section 54 F, sell any asset other than a residential property and claim capital gains tax exemption by purchasing a residential house
Rules for exemption under Section 54 F are as follows:
3.Under Section 54 EC, sell a long term capital asset and get capital gains tax exemption by investing in 54EC Capital Gain Bonds
This section comes in handy for tax payers who have sold their assets and are liable to pay long term capital gains tax, but are unable to take benefit from the rules under section 54 by buying another residential property. These tax payers can save tax by investing their gain in Capital Gains bonds. Rules for exemption are as follows:
4.Park your capital gains amount in capital gains account in case you are unable to purchase a property before your Income Tax filing date
Capital gains account scheme is available as a temporary method to save capital gains tax. This scheme is for people who are unable to invest in a new property before filing the income tax return. The scheme was introduced in 1988 and under the scheme, a capital gains account may be opened only with specified banks or institutions. The taxpayer can put his gain on his asset transaction in this account for three years. He can withdraw the amount invested for purchasing or constructing his new house, as he takes the decision to do so within the next three years. Features of the scheme are as follows:
5.Set off your capital gains against any capital loss carried forward from previous years
Income Tax Act in India allows that if a tax payer has any capital loss that have incurred earlier and carried forward, he can set off his capital gains against those losses and hence reduce his tax liability. Some key points to remember are: