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A DAS (SELF)     19 November 2010

Property: Land: Sale

Developer wants to pay in a progresive manner, as and when they receive money from the flat purchasers. When the undivided share of land will be registered in the name of the flat purchaser, the land owner will get only a part of the payment, which will not cover the full cost of the undivided share.

When will the Capital Gains come into effect for income tax perpose?

As and when parts are sold (but not full amount received) or on completion of sturcture (by which time full payment will be received)?



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 November 2010

Capital assets are transferable from one person to another. Any profits or gains arising from the tranfer of a capital asset effected in the previous year shall be chargeable to income-tax under the head 'capital gains', and shall be deemed to be the income of the previous year in which the transfer took place. Capital gain is accrued by two ways, i.e. (1) short-tern capital gain is a capital gain arising from the tranfer of a short-term capital asset, and (2) long term capital means capital gain arising from the transfer of a long term capital asset.

A DAS (SELF)     25 November 2010

Thanks for the responce.

My quarry: A plot of land is being given for development. Normally the landowner receives construted property as his share. What happens if the landowner opts for receiving money?

Point 1: an agreemnt is being signed. The landowner opts for receiving money instead of constructed property.

Point 2: developer at his own cost will get all sanctions and then sell it to prospective flat buyers, who will pay in a construction linked progressive manner.

Point 3: as and when will payment is received from the prospective buyers, the landowner agrees to pay the land owner.

The question: When does the CAPITAL GAIN take place?

i. at the time of sgning the agreeemnt? (at point 1)

or

ii. as and when the payment is received? 

Would be obliged to receive opinuions.

Thank you.

A DAS (SELF)     27 November 2010

 

A DAS

SELF [edit]
[edit photo]



[ Scorecard : 31]

Thanks for the responce. (sorry for the typos i the earlier mail)

My quarry: A plot of land is being given for development. Normally the landowner receives construted property as his share. What happens if the landowner opts for receiving money?

Point 1: an agreemnt is being signed. The landowner opts for receiving money instead of constructed property.

Point 2: developer at his own cost will get all sanctions and then sell it to prospective flat buyers, who will pay in a construction linked progressive manner.

Point 3: as and when builder will receive payment from the flat buyers, the developer agrees to pay the land owner.

The question: When does the CAPITAL GAIN take place?

i. at the time of sgning the agreeemnt? (at point 1)

or

ii. as and when the payment is received? 

Would be obliged to receive opinuions.

Thank you


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