Hi,
1. Capital gain is payble in the year in which JDA was entered into.
2 and 3. It will be a short term capital gain tax.
Please feel free to call/ revert in case of any doubts
Thanks and regards
Abhishek Dugar
CA CS B.Com
Hi,We have a piece of land and we entered into a JDA on 2016 for the development of it with a reputed builder. The land was bought by my grand father in 1957.The same has been inherited by my father (current sole owner) and he entered into this JDA. As per JDA we will be getting 7 flats as part of JDA.Now my questions are 1. What is the Capital Gain Tax we have to pay once the possession is given to my father by the builder? Even if we not sell any flats still on getting possession do we need to pay Capital Gains Tax? 2. If my father sells some flats (only after getting possession) out of his share how will the Capital Gain tax calculated?Will it be Long Term or Short Term?Because the flats are new but the land's possession was on 1957.Which date should be considered for Capital gain the date on which the posseion is handed over or the date the land was bough by my grand father? 3.If my father Gifts me some flats and I sell it after one month(from the date of receiving possession) will it be long term or short term capital gains tax applicable?
Hi,
1. Capital gain is payble in the year in which JDA was entered into.
2 and 3. It will be a short term capital gain tax.
Please feel free to call/ revert in case of any doubts
Thanks and regards
Abhishek Dugar
CA CS B.Com
Hello,
1. As per the information provided by you, it appears that you will be liable to pay tax the moment you enter into an agreement. The market value of the flats shall be your sale consideration.
2. Short Term capital if sold within 24 months from the date you get the possession of the flat.
3. Short Term Capital Gain.
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
Hello,
Capital Gains shall be paid twice, one at the time of entering into agreement and the other at the time of selling the flats.
2. If he sells it within 24 months from the date of possession then STCG or else LTCG.
3. It will be STCG.
Regards,
Keerthiga Padmanabhan
M.Com., CA, LLB
Thanks for all the answers experts. One more question from my side is what should be the value of consideration considered for calculating capital gain tax on the date of entering the JDA?Please note it, that on the day of signing the JDA we had no building plan,the consideration of we getting 7 flats was derived at a later date when building plan was approved by the concerned authorities.The only thing that was there while signing JDA was the ratio in which the built up area will be shared with developer once construction is complete.The cost of the land along with our old house (it has been demolished now for project construction)was estimated at 1.3 crs. while entering JDA.and on the basis of this price stamp duty and registration of JDA was done