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Ketan (V&V Lead)     29 November 2011

Property sale and taxes

Hello,


Here is my scenario. Please assist me with the same.


1 Room Kitchen flat is on my Brother's name. I am co-borrower in the agreement. We bought this apartment 5 years back.

Recently bought 1BHK apartment (1 year ago). This flat is in my name. So is the Loan

We are planning to sell 1 Room kitchen apartment and clear the loan of 1BHK. I heard that there will be 20% flat tax applicable on the sale amount. I would like to know if I can get a waiver for this tax in any possible legal manner.


Thank You,

Ketan



Learning

 4 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     29 November 2011

Dear Ketan,

You will have long term capital gains to offset it u will have to invest in residential property within time frame mentioned in income tax act ie around 1 yr 

U cannot offset the loan amount of ur already purchased with the proceeds of 1 RK Flat u need to buy addln residential flat or otherway around u can invest the proceeds of 1rk flat in infrastrucutre bonds for lock in period of 3 yrs later on u can use the proceeds freely and u can pay back the loan out of it

Regards

Abhijeet

ABHIJEET PARIKH (Bcom LLB MBA)     29 November 2011

Dear Ketan,

You will have long term capital gains to offset it u will have to invest in residential property within time frame mentioned in income tax act ie around 1 yr 

U cannot offset the loan amount of ur already purchased flat with the proceeds of 1 RK Flat u need to buy addln residential flat or otherway around u can invest the proceeds of 1rk flat in infrastrucutre bonds for lock in period of 3 yrs later on u can use the proceeds freely and u can pay back the loan out of it

Regards

Abhijeet

Ketan (V&V Lead)     29 November 2011

Hi Abhijeet,

So, you mean I will have to pay 20% tax on the agreement anount, correct? How is this capital gain calculated?
Example: If I buought this 1RK flat in 2005 for 5 Lacs. Now If I am selling it for 15 lacs (10 on agreement and 5 non agreement).

Thanks,

Ketan

1 Like

ABHIJEET PARIKH (Bcom LLB MBA)     29 November 2011

Not exactly on 10 lac they consider following deduction allowed

1. Cost of inflation is consider its table is available with any CA

2.if u made repairs during the period and have preserved its receipts

3.TO sell ur 1 rk flat if u have paid any brokerage to broker through cheque

after considering above deductions u will come at net amount on which ur TAX is payable @ 20%

regards

Abhijeet


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