• Reinvesting money received through property sale

I have recently (January 2018) sold a house which was built by my father. He had bought the land back in 2004 & built the house ground up. He didn't keep any account of expenditure incurred to construct the house. All the other legal papers (drawing, khata etc.) are in place along with the price of land paid by him. The valuation of the house is coming out to be INR 47.16 Lacs however we sold the house at 35.5 Lacs. I would want to understand as to how much portion of this capital gain would be taxable. I also have the deed of conveyance copy with me in case it is needed.
Asked 6 years ago in Capital Gains Tax

The Tax payable is to be computed by using the indexation factor.

If the value of house construction is Rs. 100000 in 2004 (Index - 113 ) it will be Rs. 240707 in 2017-18.(Index - 272). We need to arrive at the cost of construction/acquisition as per indexation, then if any improvements during these much years need to be calculated. I give you simple calculation. (Ex - Cost of Construction 10 Lakh & Cost of Improvement - 1 lakh in 2010 (index for [deleted]))

Sale consideration - Rs. 35.50

Less : Cost of Construction Rs. 24.07

Less : Cost of Improvement Rs. 1.62

Capital Gain Rs. 9.81

This 9.81 is taxable @ 20%. We can claim exemptions u/s 54 and so on. Also if the valuation comes to 47.16 and we need to consider sec 50C where income tax department can invoke Market rate for sale consideration.

Murugesan Ashok
CA, Erode
13 Answers
1 Consultation

Not rated

Hi,

Capital gain will be sale value minus index d cost of purchase.

Sale value in your case will be considered as 47.16 (I.e. stamp duty valuation rate as mentioned by you). For purchase price, you will have to get the property valued from a certified valuer. Valuation will be as on the date on which Property was constructed.

That value will be indexed till the date of sale to arrive at indexed cost of purchase.

Please feel free to call/ revert in case you are still unclear

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Capital gain will be sale price minus index cost of acquisation minus index cost of improvement if any.

Here sale consideration will be 47.16 lacs

As you dnt have data regarding cost of acquisation,you have to get a valuation done from concerned person,then only capital gain can be figured out.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

Hi,

In the absence of details of the expenditure, it would be prudent to get the value of the house from a certified valuer as on 2004.

Your capital gains would be computed by deducting the indexed cost of acquisition (land + construction cost. In your case the certified value by the valuer) from the sale proceeds (47.16 lakhs).

Hope that clarifies. You may get in touch with me for any further clarifications.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

Hi

Capital Gains capital gains shall be calculated as sales value less indexed cost of acquisition and indexed cost of improvements. Indexations shall be done in accordance with the indices of the years in which construction / improvements had been made.

If the stamp duty value of the property is greater than the actual sales consideration, the stamp duty value shall be considered as sales value for calculation of capital gains.

You can claim exemption from capital gains under section 54 by way of reinvestment in another residential house property or bonds.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

For cost of construction ,get the certificate form the approved valuer. From the sale proceeds deduct the indexed cost of land and cost of construction.

Please provide cost of construction and cost of land to arrive at the capital gain figure.

Vivek Kumar Arora
CA, Delhi
4825 Answers
1031 Consultations

5.0 on 5.0

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