• Capital gain reinvestment in mother's residential house

I sold my residential plot in Dec 2015. I want to give some money to my mother who has purchased a flat using her resale amount+ savings+ old jewellery in 2016. What will be it's impact on my capital gain tax?
Asked 7 years ago in Capital Gains Tax

Only amount invested by you will be considered for exemption. No benefit of amount to be given to mother under capital gain tax. After paying tax you can transfer it as a gift without any further taxation in your mother hand.

Vivek Kumar Arora
CA, Delhi
5015 Answers
1136 Consultations

If the amount of sale proceeds of your land is invested in the name of your mother, exemption from capital gains can be availed under section 54F.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Hi,

Giving gift will not reduce your capital gains taxes.

Regards,

Nikhil

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

Hi,

In order to claim exemption from capital gain, you need to either invest the entire sale proceeds into new residential house or need to invest capital gain amount in the specified bonds. If you don't invest some of the money, then you need to pay proportionate capital gain.

However, if you have already invested in the bonds then you can do whatever you want from the balance amount.

Please feel free to call/ revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

The amount you transfer to your mother, shall be proportionately taxable in case you invest the rest of the amount in any other residential property/ capital gains account scheme/ specified bonds.

However, if you do not invest the rest of the amount as above, the whole of the amount shall be taxable in any case, irrespective of the fact whether you give some money to your mother or not.

Sunny Thakral
CA, Delhi
231 Answers
8 Consultations

No loan amount cannot be repaid to save taxes.

Regards,

Nikhil

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

No, in my opinion it will not help you to save capital gain tax.

Please feel free to call/ revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

Dear Sir,

No exemption is available for repayment of loan amount and renovation of flat. Law provides exemption only for capital expenditure and not for routine expenses. To avail exemption either you can purchase or construct new house.

Vivek Kumar Arora
CA, Delhi
5015 Answers
1136 Consultations

No. For the property purchased in 2013 or any renovation on it won't be allowed as an exemption.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

To save capital gain tax you have to invest in bonds or residential property.

Gift or repayment of loan is not acceptable for claiming tax benefit.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

Hi,

Home Loan and Capital Gains Tax are two different things. The exemption of capital gains tax is available only in case of investment of the sale proceeds for acquisition of new residential property. This can be done 1 year before or 2 years after the date of sale. The investment should be done in the name of seller of the property who wants to claim the exemption from capital gains tax. Repayment of home loan is not covered in this as it is not investment in the acquisition of new residential property.

Regards,

Sunny Thakral
CA, Delhi
231 Answers
8 Consultations

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