Traderji.com - Discussion forum for Stocks Commodities & Forex

Selling agricultural land and sending money to NRI

Discuss Selling agricultural land and sending money to NRI at the Taxation Matters within the Traderji.com - Discussion forum for Stocks Commodities & Forex; Thanks hope this forum should be a great use. Please help me with following questions: ...


Go Back   Traderji.com - Discussion forum for Stocks Commodities & Forex > TOOLS & RESOURCES > Taxation Matters

Notices

Taxation Matters Taxation issues for investors and traders.


Advertise Here

Reply
 
Thread Tools
Sponsored Links
  #1  
Old 15th June 2008, 02:23 PM
Member
 
Join Date: Jun 2008
Posts: 3
Thanks: 0
Thanked 0 Times in 0 Posts
dharinivas is on a distinguished road
Reputation: 10
Default Selling agricultural land and sending money to NRI

Thanks hope this forum should be a great use.
Please help me with following questions:
Am planning to sell agricultural land in india worth of 2 crore and send to my son who is an NRI.I know that i can send through Property inheritance of sale deed to my son.The market value of the land is 2 crore and the govt.value is 75 lakhs.My questions
1.If i sell the land for market value (2crore) how can i send the money for the govt value of 75 lakhs.
2.what are my tax worries here?
What % of tax leived for sale of agri.land?
3.What are the other modes of outward remittance which eases riskless tranactions?
Pleas help me members
Reply With Quote
  #2  
Old 15th June 2008, 04:55 PM
Member
 
Join Date: Jun 2008
Posts: 1
Thanks: 0
Thanked 0 Times in 0 Posts
surendragohil is on a distinguished road
Reputation: 10
Default Re: Selling agricultural land and sending money to NRI

Quote:
Originally Posted by dharinivas View Post
Thanks hope this forum should be a great use.
Please help me with following questions:
Am planning to sell agricultural land in india worth of 2 crore and send to my son who is an NRI.I know that i can send through Property inheritance of sale deed to my son.The market value of the land is 2 crore and the govt.value is 75 lakhs.My questions
1.If i sell the land for market value (2crore) how can i send the money for the govt value of 75 lakhs.
2.what are my tax worries here?
What % of tax leived for sale of agri.land?
3.What are the other modes of outward remittance which eases riskless tranactions?
Pleas help me members
you want riskless tranctions? than i rply after 5 days
Reply With Quote
  #3  
Old 16th June 2008, 04:32 PM
Member
 
Join Date: May 2008
Posts: 90
Thanks: 0
Thanked 3 Times in 3 Posts
moneygurukul is on a distinguished road
Reputation: 13
Default Re: Selling agricultural land and sending money to NRI

Quote:
Originally Posted by dharinivas View Post
Thanks hope this forum should be a great use.
Please help me with following questions:
Am planning to sell agricultural land in india worth of 2 crore and send to my son who is an NRI.I know that i can send through Property inheritance of sale deed to my son.The market value of the land is 2 crore and the govt.value is 75 lakhs.My questions
1.If i sell the land for market value (2crore) how can i send the money for the govt value of 75 lakhs.
By keeping 1.25 cr. with yourself.

Quote:
2.what are my tax worries here?
As it's Agricultural Land, there won't be any Capital gain Taxation in India. However, your son may have to pay tax on the gift received from you depending upon the rules applicable in his tax jurisdiction.

Quote:
What % of tax leived for sale of agri.land?
NIL.

Quote:
3.What are the other modes of outward remittance which eases riskless tranactions?
Pleas help me members
Transfer through the banking channel to avoid any kind of risk.
Reply With Quote
  #4  
Old 19th June 2008, 07:01 PM
Member
 
Join Date: Mar 2008
Posts: 8
Thanks: 0
Thanked 0 Times in 0 Posts
vanram is on a distinguished road
Reputation: 10
Default Re: Selling agricultural land and sending money to NRI

Quote:
Originally Posted by moneygurukul View Post


As it's Agricultural Land, there won't be any Capital gain Taxation in India. However, your son may have to pay tax on the gift received from you depending upon the rules applicable in his tax jurisdiction.

I am sorry sir. Agricultural Income is tax free but not capital gains on sale of Agricultural Land. It is taxable @ 20% if it is long term asset.(assets held for aperiod of more than Three years.) If the land is held for a period of less than three years normal tax rates are applicable.
Reply With Quote
  #5  
Old 19th June 2008, 07:11 PM
Member
 
Join Date: Mar 2008
Posts: 8
Thanks: 0
Thanked 0 Times in 0 Posts
vanram is on a distinguished road
Reputation: 10
Default Re: Selling agricultural land and sending money to NRI

Quote:
Originally Posted by dharinivas View Post
Thanks hope this forum should be a great use.
Please help me with following questions:
Am planning to sell agricultural land in india worth of 2 crore and send to my son who is an NRI.I know that i can send through Property inheritance of sale deed to my son.The market value of the land is 2 crore and the govt.value is 75 lakhs.My questions
1.If i sell the land for market value (2crore) how can i send the money for the govt value of 75 lakhs.
2.what are my tax worries here?
What % of tax leived for sale of agri.land?
3.What are the other modes of outward remittance which eases riskless tranactions?
Pleas help me members
Sir,

you have to clarify lot of things.

1) In whose name the property is.
2) what will be the registration value.
3) assuming that it is 75 lakhs, how are you going to receive the balance
amount?

based on the answersyou give,there will be some more questions, which you have to answer.

what I suggest is you consult some professional personally and get proper tax planing advice.

That long term capital gains tax is 20% + cess etc.,
Reply With Quote
  #6  
Old 20th June 2008, 04:30 PM
Member
 
Join Date: May 2008
Posts: 90
Thanks: 0
Thanked 3 Times in 3 Posts
moneygurukul is on a distinguished road
Reputation: 13
Default Re: Selling agricultural land and sending money to NRI

Quote:
Originally Posted by vanram View Post
I am sorry sir. Agricultural Income is tax free but not capital gains on sale of Agricultural Land. It is taxable @ 20% if it is long term asset.(assets held for aperiod of more than Three years.) If the land is held for a period of less than three years normal tax rates are applicable.
So far as my knowledge goes, Agricultural land is not a capital asset (Section 2(14)(iii) of the Income Tax Act, 1961) and hence there is no question of capital gain on sale of agricultural land. Of Course, the definition of Agricultural Land as per the IT act should be used for the purpose.
Reply With Quote
  #7  
Old 7th August 2008, 06:59 PM
Member
 
Join Date: Dec 2007
Posts: 1
Thanks: 0
Thanked 0 Times in 0 Posts
MaxiBig is on a distinguished road
Reputation: 10
Default Re: Selling agricultural land and sending money to NRI

Quote:
Originally Posted by dharinivas View Post
Thanks hope this forum should be a great use.
Please help me with following questions:
Am planning to sell agricultural land in india worth of 2 crore and send to my son who is an NRI.I know that i can send through Property inheritance of sale deed to my son.The market value of the land is 2 crore and the govt.value is 75 lakhs.My questions
1.If i sell the land for market value (2crore) how can i send the money for the govt value of 75 lakhs.
2.what are my tax worries here?
What % of tax leived for sale of agri.land?
3.What are the other modes of outward remittance which eases riskless tranactions?
Pleas help me members
1.If the agricultural land is situated more than 8 kilometers from the limits of a municipality then the entire profit you make is tax free.But real estate transactions are rarely entirely white and you will get a substantial amount in black.

2.If it is within those limits then capital gains tax arises.The rate of Capital gains tax is 20% on the profit.(it is assumed that you had held the land for more than 3 years so that it is long term capital gains).You can save this tax if you invest the profit again in agricultural land or capital gains bond within 2 years of sale.

3.Now since you are going to receive 75 lakhs as white and other 125 lakhs as black(since it is rare in india when a buyer will declare the entire amount and not save stamp duty),you can legally only send 75 lakhs (after paying capital gains tax ,if applied) Riskfree way will be through normal banking channels.It will be perfectly white for your son and he may or may not have to pay gift tax depending on the tax laws of his residence.

4.Rest of the black money is yours to do whatever you like to do without letting the taxman know.If you want to send this to your son you can send it through Hawala.
Reply With Quote
Sponsored Links

Reply

Bookmarks


Advertise Here


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


All times are GMT +5.5. The time now is 11:11 AM.

Indemnity, Disclaimer & Disclosure Notice:
• By visiting Traderji.com you indicate your acceptance of our Forum Rules Disclaimer & Disclosure and indemnify Traderji.com, its associates and related parties of all claims howsoever resulting from the usage of the forum.
Disclaimer: Trading or investing in stocks & commodities is a high risk activity. Any action you choose to take in the markets is totally your own responsibility. Traderji.com will not be liable for any, direct or indirect, consequential or incidental damages or loss arising out of the use of this information.
Disclosure: The information in this forum is neither an offer to sell nor solicitation to buy any of the securities mentioned herein. The writers may or may not be trading in the securities mentioned.
• All names or products mentioned are trademarks or registered trademarks of their respective owners.
General Content Disclaimer Notice:
In light of our policy of encouraging candid, open exchanges of views and the rapid distribution of information originating from many sources, Traderji.com cannot determine the accuracy of information that may be uploaded to the forum. Opinions, advice and all other information expressed by participants in discussions are those of the author. You rely on such information at your own risk. You are urged to seek professional advice for specific, individual situations and not rely solely on advice or opinions given in the discussions. Since Traderji.com is an open and free discussion forum, any comments made by members of this forum in their posts reflect their own views and not of the owner or administrator of Traderji.com. Thus the owner/administrator indemnify themselves of all claims whatsoever and will not be liable or responsible for any members comments/views in this forum Traderji.com. If you find any objectionable or offensive posts made by members of this forum which you would like to bring to our notice for removal then please Contact Us.
 


Copyright © 2001 - 2008, Traderji.com All Rights Reserved.

Recommended Websites - www.TradersEdgeIndia.com - www.TradingPicks.com - www.MasterOfTrading.com