• Registration charges and capital gains on NRI property

Hi,

I bought a resale house at 109lakhs in Hyderabad, India from NRI and done agreement before seller go to Canada. House is not yet registered on my name. I paid initially 10Lakhs with RTGS to seller. I'm going with Home loan as amount of 81Lakhs 75Thousand(which is 75% of 'Agreement of Sale' value, definitely I'm going to get it). Government value/Registration value in the respective location is 45Lakhs. Now,

1. As I'm going to Home loan with HDFC bank, bank person is saying I can go for registration at 60Lakhs. Here, bank issues 2 checks, one check for 'Sale deed' value which is 60Lakhs and another is 21Lakhs 75Thousand which is given as work order

2. So, If I go with first step, going with registration of 60Lakhs, will I get any problem. I mean, im going to register "Sale Deed" document at 60lakhs and I will pay the registration charges for the 60Lakhs, even total transaction value is 109Lakhs. And remaining amount, one is from loan amount(21Lakhs 75Thousand) and other amount which i'm going to pay(27,25000) will be given to seller via check or bank transactions. So, will I get any issue regarding registration charges and other things.

3. On which amount I need to deduct TDS. On "Agreement of Sale(109lakhs)" or "Sale Deed(60Lakhs)" or "Home Loan value(81Lakhs 75Thousand)"
Asked 1 year ago in Capital Gains Tax

Interesting to know that you can split the purchase value by splitting into sale deed for Rs 60 L and work order for Rs. 21.75 L to save stamp duty. I will indicate few pros and cons and leave the decision to you.

Pros 

1)  Saving on stamp duty and thus saving in cost of purchase. 

 

Cons

1) Will there be any GST on the work order, as the value of work done is more than Rs. 20 L? 

2) Is the seller competent to execute the work order? 

3) For the seller, he will pay long term capital gains (if he acquired the house more than 3 years ago) on the stamp duty value of Rs 60 L and he will be eligible to claim deductions as applicable to him. If there is still any tax liability it will be at 20% + Cess. On the remaining amount of Rs. 21.75 Lakhs, its income from business or profession  or other sources and pay tax accordingly at slab rates as applicable to him. 

4) If you are a business person and covered under tax audit, you may have to deduct at source on the amount of Rs. 21.75 Lakhs also, if its used for your business / profession. 

5) Whether you are registering for Rs. 60 L or for Rs. 81.75 L, you need to deduct tax u/s 195 of the Income Tax Act at 20%+cess as the seller is a Non Resident. 

6) When you sell the house, your cost of acquisition is Rs. 60 L as per sale deed and Rs 21.75 L as per work order. However, you may not be able prove the service done by the "service provider", i.e., the seller. It may therefore become a bone of contention between you and the department. You need to put in additional efforts to prove the cost of acquisition. 

I leave the decision to you.

B Vijaya Kumar
CA, Hyderabad
1001 Answers
124 Consultations

5.0 on 5.0

Still all except 4 will apply

B Vijaya Kumar
CA, Hyderabad
1001 Answers
124 Consultations

5.0 on 5.0

Register property at Rs.109 lacs and deduct TDS on the same. Rate of TDS would be 22.88% on Rs.109 lacs and remit the remaining amount. Before remittance, deposit TDS and file Form 15CA, 15CB and A2 with your banker. You have to obtain TAN and file the TDS return for TDS deducted and deposited on the NRI seller account. 

Vivek Kumar Arora
CA, Delhi
4840 Answers
1037 Consultations

5.0 on 5.0

What will you show remaining amount as?

 

Why is bank recommending to register at 60 lakh? Other than stamp duty charges I don't see any benefit in same.

Also, what will you show remaining amount as which you will pay to the seller?

 

It will become difficult to take benefit of other amount paid to the seller as purchase cost if you dont include it in purchase price.

Also, if you are registering property at 60L you will deduct TDS on that amount and it is not advisable to have sale agreement and sale deed at such different value.

 

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

Thank you.

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

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