P V VAITHYANATHAN (retired) 18 June 2012
I am 70 years old, and own a flat in Chennai. Recently the owners of our flat decided to go in for a joint development of our property with a contractor. Each flat owner now receives a lumpsum as goodwill money from the contractor. Please let me know whether this goodwill money is taxable in any way. If so, how to avoid or minimise the same? Appreciate your valuable advices. Thanks.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 18 June 2012
In an opinion,
A self-generated goodwill is not taxable, it is exempt...
Reason is very simple, as tax is always on "gain/loss" on sale and not on the asset itself...
In self-generated goodwill, there's no cost, so question of gain/loss doesn't arise,so it is exempted...
alok arunkumar bhagat (PRACTICING LAWYER) 19 June 2012
goodwill is received for transfer of development rights.... it is taxable and subject to capital gains at full value.
As per SEc 55(2) (a)(ii) cost of acquisition of self generated goodwill is considred as nil for calculation of capital gains and therefoer full value is taxable.
tax can be avoided u/s 54F.
alok bhagat
alok arunkumar bhagat (PRACTICING LAWYER) 19 June 2012
this is my view... corrections if any will increase my knowledge.... plz suggest...
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