India Real Estate - Questions and Answers-
Untitled Document
real estate and properties in India, Builders, brokers, new contruction projects, apartments and flats in India  
Sign In   

Buy/Sell      
PropertyCode  
Home My Account Search Directory Home Loans Answers News Contact Us FAQ Sitemap
Home
sale of land
I have an agricultural land near Chennai which I am intending to sell. What is the capital gains tax to be paid and the ways to avoid the same
Asked by     Rajan (1) in category Real Estate Investing  on Apr 12 at 12:28 pm
Please do not misuse this website for spamming or link exchange or we will block your computer out permanently
Your Answer
Answers (1)
First Answer

The capital gain tax payable will be the difference beetween the price that you have paid for the property and your selling price. You can add the cost of maintaianing the proeprty and regsitration and stamp duty expenses to the cost of the property. You can also avail indexation benefits.

Sale of residential accommodation may result in a short term capital gain/loss if sold within a period of 3 years or a long term capital gain/loss if sold after a period of 3 years from the date of acquisition (Section 29A, 42A and 47).

b) A short term capital gain/loss will be treated and taxed in the same manner as any other income/ loss.

c) Tax on long term capital gain can be avoided if the sale relates to a property other than one residential accommodation and reinvested in any residential property within a period of 1 year before or 2 years after the date of transfer (Section 54 F).

d) Long term capital gain can also be saved if only the capital gains (and not the total sale proceeds) is invested for a period of 3 years in specific Bonds of National Highways Authority of India or Rural Electrification Corporation Limited (Section 54 EC).

e) Determination of sale proceeds of a Property will be on the valuation adopted by the State stamp dudy and Registration Authorities and not the amount mentioned in the DEED of Conveyance (Section 50C). This is intended to cover cases where part of the sale price is received by the seller in unaccounted cash.

f) In the absence of either freezing the capital gain in specified securities or reinvested as per clauses (d) and © as above Income Tax is payable @ 20% by the seller on the capital gains computed by deducting from the Sale proceeds the cost of acquisition as increased by cost of living index (Section 112 and Section 55).

Innumerable ways and options are available for saving capital gains. For example, in the first place invest in a residential house property or a flat to make investment so as to see that capital gains are exempted. Likewise, if a person were to make the investment in REC or NHAI bonds then also he enjoys complete exemption from the long-term capital gain payable by him in respect of capital gains due.


 

Answered by B Malani, on Apr 25 at 10:54 pm
(0)    Report Abuse
Send this question to a friend
   
Friend's email:
Your email:
Your Name:
Message: I think you would find this link useful.

sale of land
   
 
   
Send this question to a friend
   
Friend's email:
Your email:
Your Name:
Message: I think you would find this link useful.

sale of land

Abodes India Forum
   
 
   
Ask your question
   
Real Estate Investing (77)
Home Decor And Gardening (4)
Home Loans & Property Financing (82)
Brokers & Agents (14)
Builders & Developers (10)
Nri / Pio Queries (11)
Property Taxation Queries (23)
Real Estate Legal Queries (17)
Vaastu Shastra & Fengshui (1)
Rules, Regulations For Real Estate In India (4)
Building Materials (1)
Building Designs & Architects (1)
Real Estate Services (10)