• Short Term Capital Gain

Hi, 

I had received the possession of my flat on Feb'15. Recently, I have decided to sell my flat as it is a 1.5 bhk since I plan to take a 2bhk flat. 

Please let me know if it is okay for the buyer party to do the registration on Feb / Mar'17 so that I dont get hit by Short term capital gain tax.
Asked 7 years ago in Capital Gains Tax

Dear Sir,

Short term capital gain is applicable to seller and not to buyer.

However if you sell it after March 2017, you will not have short term capital gain. You will have long term capital gain.

Please feel free to call/revert in case of any doubts

Thanks and Regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

As per present income tax act, to qualify any assets as long term one should hold assets for 3 years. However, in the recent budget the period has been proposed to reduce to two. But it's applicable from April 17. So, you should make the registration April 17 onwards

Vidya Jain
CA, Kolkata
1010 Answers
58 Consultations

4.8 on 5.0

Date of agreement is considered

Vidya Jain
CA, Kolkata
1010 Answers
58 Consultations

4.8 on 5.0

Yaa right... that will be good option

Vidya Jain
CA, Kolkata
1010 Answers
58 Consultations

4.8 on 5.0

Hello Sir,

I will directly address your third query and yes it would be wise to make the agreement in April'17 as that will sort out all of your issues.

Trust this clarifies your query.

Feel free to call / get back in case of further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, ACA, LLB-GEN, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

5.0 on 5.0

Sir as per budget 2017 the a sale of property is stated as LTCG if it is held for more than 2 years. Thus in your case as you got possession on Feb 2015 you better sell in April 2017 to get LTCG benefit. Budget 2017 is applicable from FY 2017-2018.

Registration date is counted as date of possession. it is better registration is done after March 2017

Shyam Sunder Modani
CA, Hyderabad
1408 Answers
164 Consultations

5.0 on 5.0

Yes sir , your view is proper

Vishrut Rajesh Shah
CA, Ahmedabad
928 Answers
39 Consultations

5.0 on 5.0

Ask a Chartered Accountant

Get tax answers from top-rated CAs in 1 hour. It's quick, easy, and anonymous!
  Ask a CA