• Tax treatment for sale of property before registration

Hello! 

I & my wife entered in an "Agreement to Sell" for a specific flat with a builder in 2004, we took a bank loan and paid 95% of the sale consideration (self contribution + bank) before 2006. The property was to be fully constructed and handed over by 2006. However, the builder could not complete the construction. Over the years, we paid 2 other builders to get it constructed. The property finally became available in 2016. We also had to spend a substantial sum for fixing & renovation since 2016, and have had to pay bank interest since 2004 towards the loan. I moved to the US in 2015 as a student and my wife joined me too. We have not visited India since Aug 2016 and hence have not had an opportunity to register the property in our names. But we wish to now transfer the property to a willing buyer. What tax benefits will we be eligible for? What kind of tax treatment will the property sale attract? What TDS will the buyer have to deduct?
Asked 2 years ago in Capital Gains Tax

Who is the buyer if you were constructing property for last year's?

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

- It would be a transfer of capital asset and chargeable to income tax as capital gain. As you both are NRI, buyer would be liable to deduct TDS u/s 195 @20%+surcharge+cess on the sale consideration. You may apply for lower TDS deduction certificates based on your total income in India in the year of transfer. 

 

For detailed discussion you may opt for phone consultation.

Vivek Kumar Arora
CA, Delhi
4840 Answers
1037 Consultations

5.0 on 5.0

Hi

 

This would be long term capital gains. Ltcg is taxable @ 20%. The buyer would deduct TDS.

You may opt to claim capital gain exemption by investing the capital gains in another residential house property or 54EC eligible bonds.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

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