• Capital gain tax on buyer

I am a Buyer.
I have recently purchased a agriculture plot of 11000 sqft at village Limbodagiri (Pin - 452007) dist Indore. 
As per govt guideline the price of this plot is INR 35 lacs ( Stamp duty to the government is also planned to be paid as per Govt guideline i.e as per 35 lacs), however the Seller ( A Builder and Developer, A registered reality company) is selling this plot to me at INR 25 lacs. While I will clearly mention this in the registry ( Govt Cost -35 lacs, Actual dealing - 25 lacs).
My question is, As a buyer, will I be imposed any Capital Gain on this deal, in the above format ??
Note - Kindly also clarify the authenticity of this online consultation.
Asked 6 years ago in Capital Gains Tax

Hi

No, capital gain tax is payable by seller . Buyer need to pay only stamp duty. 

 

Hope it helps 

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

Hi

 

capital gain tax is not  imposed on buyer... 

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

Hi

If the actual consideration is 25 lacs and there is no other hidden payment, you are nowhere at risk if you're paying stamp duty at the government value i.e. 35 lacs. This is perfectly fine.

Mention such actual consideration in the deed so executed.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

Sir being a buyer also since as per the deed you are buying the plot at 25 lakh whereas the value is 35 lakh so this 10 lakh will be added to your income u/s 56 and therefore you will have to pay tax on same so either collect tax you have to pay from the seller or ask them to register the property at 35 lakh. Or at 5% less than 35 lakh to save the above tax.

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Thank you

Naman Maloo
CA, Jaipur
4306 Answers
101 Consultations

Capital gain is imposed when the property is sold. When you sell this property in future, 25 lacs added by the stamp duty paid shall be considered as cost of acquisition.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

Hi,

- Capital gain arises at the time of sale of the capital asset. In your case, as you are a buyer therefore no question of capital gain arises.

 

Thanks

Vivek Kumar Arora
CA, Delhi
5026 Answers
1146 Consultations

Dear Sir,

 

Hope you are doing well !!

 

You are not liable to pay any taxes on the same.

Payal Chhajed
CA, Mumbai
5189 Answers
303 Consultations

Further, proper documentation should be put in place for purchase of the property. The sale document should be properly stamped and registered and the original title deeds should be taken by the purchaser from the seller.

Payal Chhajed
CA, Mumbai
5189 Answers
303 Consultations

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