• Salaried person sold property

Hi Ma'am / Sir,

I am a salaried professional and in the process of selling my ancestral property (Amritsar) owned by my late Grandfather. Both my parents have passed away long time back. As the deal is still in progress, i have received 2 payments of 5 lacs each via cheque which were deposited in my and my sister's bank account respectively. Now as i am filling for ITR, how should i declare these payments and which form should i use to fill ITR returns for me and my sister. Look forward to your guidance.

Regards,
Karan
Asked 5 years ago in Income Tax

As the sale is taking place now you will have to show such income in the ITR next year i.e. while filing return of income for FY 2018-19. You have just received a payment and I am assuming you have not executed any sale deed.

Also since you are saying that it is your ancestral property and therefore I would suggest you to get it's market value as at FY 2001-2002 because I am assuming that I would have been purchased before 2001 and so for calculating indexed cost of acquisition you need to get it's fair market value for FY 2001-2002.

Hope you find it helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

You can mail if you have any query regarding ITR we can file your ITR.

Thank you

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

Hi Karan,

- As you said deal is in progress and you are in the process of selling the property, you need to show the transaction at the time of filing next year ITR i.e. A.Y. 2019-20 assuming you received payment after 01.04.2018.

- As the property belongs to your grandfather, assuming it was purchased before 01.04.2000 so get the FMV of the property as on 01.04.2000 to save the capital gain tax.

- You need to file ITR-1 for current year ITR i.e. A.Y. 2018-19 if the total income is less than Rs.50 lacs.

Thanks

Vivek Kumar Arora
CA, Delhi
4838 Answers
1037 Consultations

5.0 on 5.0

Hi Karan,

Hope you are doing well !

1.As mentioned by you that the deal is still in progress then you need to report this transaction in next year income tax filing i.e A.Y. 2019-20.

Assuming that you have not received any payment before 31st March 2018.

2.As this property is ancestral property , so may be it was purchased before 1st April 2000. You just need to get the FMV of the property as on 1st April 2000. Accordingly, we will advise you on capital gain working.

3.If the income is less than Rs 50 lakh then You need to file ITR 4 for current year i.e. A.Y. 2018-2019.

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5188 Answers
288 Consultations

5.0 on 5.0

Hello Karan,

Report this transaction in the income tax filing for FY 2018-19 i.e A.Y. 2019-20 since you have received payment In the current FY. Get the fair market value of the property done as on 01st Apr 2000 by a registered valuer as this is bought prior to 2000. You will get indexation benefit on this FMV and then the capital gains can be computed.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

Hi,

It will be treated as your current year income i.e for FY 2018-19. You need to report the same in AY 2019-20.

For capital gain calculation, you need FMV of property as on 01.04.2000 assuming it was acquired on or before 01.04.2000.

You should file ITR 4 if the total income is not more than 50 lakh per year.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

Hi

Capital gain tax to be paid on sale transaction in year of sale.

So declare it when deal get closed.

You can use ITR 2 for the same.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

As & when deal complete you have to calculate LTCG on your & sister share & either pay or avail exemption u/s 54 as of now deal is in progress then only can show as advance for the deal

Nitin Jain
CA, Jaipur
214 Answers

4.7 on 5.0

You don't need to show this amount anywhere in the return of income.

You will have to show capital gain in your return in the year in which sale is completed.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

If the property has not been sold yet and only the advance amount has been received, there is no need to show that in Income Tax Return. The need to show the sale transaction will arise only when the deal will materialise. But i also suggest you to take advise of a tax consultant for the proper calculation of capital gains tax which may need to be paid in your transaction.

Bharat Poplani
CA, Zirakpur
56 Answers

4.9 on 5.0

HI Karan

The sale of the property shall be liable to capital gain tax when it is sold i.e. when registration is done. So, as of now, when only advance is received, you need not show any details in the ITR.

Based on the above facts, you may use ITR 1.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

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