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M.Sharma (Excutive)     22 February 2011

Tax Treatment

 

 

Hi,

My mother has a property in our village, which she wants to sale out and shift to me (I am staying out of state, I am the only son ) and she wants gift me the amount which she will get from it, the approx cost would be  50lakhs,

The property is belongs to my grandfather, and he transfer that property to my mother’s name and legally she is the sole owner of the said property,  I have lost my father in my childhood, no one else is there to claim the property except me.

 We may dispose the property by March itself,

I am looking forward your kind reply, what would be the tax treatment for it.

Q-1- Can she gift me the entire amount, is that would be taxable or taxable for me, I m working with a MNC I am paying tax around 50K P.A.  

Q-2- Can she gift me the rest of amount after buying a self occupied flat, (if she do so) what would be the tax treatment for me and her.

Q-3-is that amount would be taxable, if she wants to gift some amount to my wife?

I know I’ll get a better advice from your experts.

Regards

Sumeet

 

 



Learning

 2 Replies

A V Vishal (Advocate)     23 February 2011

Q-1- Can she gift me the entire amount, is that would be taxable or taxable for me, I m working with a MNC I am paying tax around 50K P.A.  

Ans. Yes she can gift you the entire amount, but subject to payment of Tax on Capital gains. The gift is not taxable in your hands.

Q-2- Can she gift me the rest of amount after buying a self occupied flat, (if she do so) what would be the tax treatment for me and her.

Ans. The capital gains have to be computed and the tax thereon paid or equivalent amount of capital gains must be invested in purchasing another residential property or the amount of capital gains may be invested in NHAI or REC bonds for a period of 3 years.

Q-3-is that amount would be taxable, if she wants to gift some amount to my wife?

Ans. Gift to your wife will not attract any tax.

M.Sharma (Excutive)     23 February 2011

Thank you very much sir, for your quick reply,

Sir,

As far knowledge concern that, the capital gain is tax free for 1st two years, (plz correct me if i am wrong)

My question is, when the capital gain tax will be applicable to her, from the very 1st day or after two year, if she buying a flat i.e. 

total property cost is. 50 lakh

new property within 2 year purchase cost. 35 lakhs 

remaining 15 lakhs, (how the capital gain tax will be calculated on it) 

Regards


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