Hi Tax Gurus
A lengthy query
FACTS:
1) Original Buyer (husband of present owner) bought 4 Katha 10 Lecha land on 04 Sept 1981 for a consideration Amount : Rs 4000
2) On death of original buyer land transferred to his legal heirs-wife (X) & son (Y) on 21.5.2011
3) Sold part of transferred land measuring 1 Katha 5 Lecha on 1 Oct 2013 for an amount Rs 10,00000. This amount paid by cash.
QUERIES:
A) What will be the capital gain tax on this amount (10,00000). Whether it will be short term or long term capital gain tax? How is it calculated? Please give the breakup. Please note both wife (senior citizen) and son annual income is 1,50,000 each.
B) Will wife and son have to share the tax equally, as both are now joint holders of the land.
C) Can they save the tax by constructing a new house on the vacant area of existing plot of land. If yes, during construction where should the money be kept (I mean any special account or just normal savings account)? What documents are to be kept as a proof of construction of house? What is the time limit for construction of the house?
Thanx in Advance
Although I do not have much knowledge about land deals, I will give you some basic facts
1 As X & Y have inherited the land after death of the husband/Father, the date of purchase of land will remain same as year 1981
So LTCG will be applicable.
Now how to calculate the LTCG
You have to index the cost price with the current Inflation index
In 1981 it was 100 and now it is 852 so your cost price becomes 4,000X 852/100 nearly 34,000/-
You are claiming to have sold the land and taken cash payment for the same, which in my opinion is against the law.
Leaving that aside, you have not specified if both X & Y sold equal amounts of the land to the buyer from their share.
Presuming that to be the case then the folowing calculations will apply
Adjusted price of land Rs 34,000/-
sold 1/4 of this (I am not taking a few lechas into account.You can do that)
so cost of the land sold is 8,500/-
sale value is 10 lakhs
LTCG is 9,91,150/- for the entire deal
As 2 parties have sold equal amounts, each person has 4,95,575/- as LTCG
Please do recheck with a qualified CA as I am not very sure as I have personally not dealt with any such issue
Now 2nd part.
How to save tax
Under section 54 the seller of the property can claim for tax exemption; to avail the benefits seller must use entire profit (capital gain) to buy another house. The seller has two options, either he can buy another house within two year from sale of property else he can build a house in three years. Buyer can also buy a house 1 year prior to selling the house and still can avail the benefit under section 54. If after selling property, seller has not identified the property yet. The seller has to open a special account i.e. capital gain accounting scheme. All the withdrawal from this account should be made only for purchase of property. However if seller failed to buy a property within three years after selling property the whole amount will exposed to LTCG.
Under section 54 EC, seller can invest in bonds issued by National Highway Authority of India (NHAI) and Rural Electrification Corporation (REC). Limit for exemption under section 54 EC is Rs. 50 Lakh.
However STCG is being added to the person’s income and exposed to normal income tax slabs.
Conclusion
To save long term capital gain the seller has to buy a house property within two years of sale of capital asset or construct a house within three years. If seller is not able to identify a property he/she can open a capital gain accounting scheme’s special account and park the money until he finds the property (with limit of 3 years). Seller also can invest money in specific bond up to limit of Rs 50 Lakhs to save LTCG tax.