• How to avoid Capital Gain Tax

Sir/Mam,

I had a kind of Land deal (Purchased a land and after construction of apartments on the said land, Builder has to give me an apartment or 3 times the land value after 5 years in from of selling the land to the builder.)Now 5 years is about to complete and i want my money back because due to some environmental issue apartments could not be constructed.

I want to utilize my money, to construct our second floor independent house(home) but the land & building is on my Father's name as of now where my parents are residing presently. I am the only son and sisters are married. Can i avoid Capital gain tax in this scenario ? If not how to avoid capital gain Tax in this scenario ?

Also i have the plan to purchase a flat now in Hyderabad where i am working currently. Suppose if i book a flat and take the home loan and latter pay a lump-sump amount which i will get it by selling the land , Can this way Capital gain Tax avoided ?

Considering the above two options which one will be better to avoid the Capital gain Tax ? My preference is to construct the first floor in my home town using the capital gain money and purchase a flat by Bank loan in work location.Please help and guide me which one will be the best option or what the other ways i have to follow to avoid the Tax.

Regards,
Trailokya Nath Biswal
Asked 8 years ago in Capital Gains Tax

Hello,

On the basis of the information provided by you, it is any time safer to buy a property in Hyderabad than to construct one in your home town which will in turn help you save capital gain tax as well as Legal hassle.

In case you buy a property in Hyderabad, make sure that your land is sold off within 1 year from the date of purchase of your property otherwise you will not be elligible to claim set off.

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

Hello,

It will be difficult to claim construction of a house property benefit when the land and the already constructed floor is in your fathers name. You may even have to spend a lot of money in order to fight out your case.

It will be any time better and safer to buy a flat in Hyderabad as there will be no dispute in such a case.

Regards,

Keerthiga Padmanabhan

M.Com., CA, LLB

Keerthiga Padmanabhan
CA, Greater Mumbai
784 Answers
27 Consultations

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