• Capital gains tax calculation on gifted property

1. Father bought land of 1.125 grounds in 1979 for 5000 INR
2. Father went for a Joint Venture with a promoter in 2010 to construct 6 apartments. 3 apartments were registered within the family as gift deed. 1 to the mother. 1 to elder sister. 1 to the younger sister. (the UDS = 496 sq. ft, valuation of the property in 2010 by a financial institution = INR 23,70,000)
3. Mom sold her property to a third party in June 2017 for INR 25,00,000.
What is the LTCG accumulated on the sale?
Asked 6 years ago in Capital Gains Tax

When your father executed a Joint Development Agreement, he would incurred Long Term Capital Gains on the land value or the construction value, as the case may be. This value is the basis for determining the cost of acquisition for your mother. Her share of the land/construction value will be the cost of acquisition for your mother.

Thus in your case the valuation of the property in 2010 was Rs 23.70 Lakhs. If this was the consideration used for determining the LTCG of your father, then the cost of acquisition of the flat gifted to your mother would be 1/3rd of Rs 23.70, i.e., 7.90 Lakhs, assuming that all the 3 flats have equal valuation. Now the cost of construction of her apartment can be added to the cost of acquisition, whether incurred by her or your father. Assuming that the additional cost of construction was Rs. 2.10 Lakhs, then the cost of acquisition of the apartment sold by her would be Rs 10 Lakhs. This needs to be indexed to arrive at the indexed cost of acquisition. Assuming that the indexed cost of acquisition in 2017 is Rs 15 Lakhs, then the LTCG in the hands of your mother will be Rs. 10 Lakhs.

You can save taxes by investing LTCG amount in acquiring a residential house u/s 54 or investing in LTCG bonds u/s 54EC or 54EE, subject to fulfilment of conditions specified therein.

B Vijaya Kumar
CA, Hyderabad
1001 Answers
124 Consultations

5.0 on 5.0

1) Whatever the amount that was paid to the builder may be taken as cost of construction. Alternatively You may obtain a valuation report from a registered valuer to determine the cost of construction.

2) The index prevailing in the financial year 2009-10 (i.e., from 1st April 2009 to 31st March 2010) is 148. If the JV was after March 2010, then the index for the FY 2010-11 is 167. The index for the FY 2017-18 is 272. Thus if the cost of acquisition in 2010 is say Rs 10 lakhs acquired in FY 2009-10, the indexed cost of acquisition for FY 2017-18 will be Rs 18.38 lakhs.

3) If your mother invested her share in acquiring the new property within one year before the date of sale, then she will be eligible to claim exemption u/s 54, subject to fulfilment of other conditions specified therein. Thus if she invested the amount between July 2016 to June 2017, or even from July 2017 to June 2018, she will be eligible to clam exemption u/s 54.

There is no need to get any certificate from an auditor. You can file the return for the FY 2017-18 during April - July 2018.

B Vijaya Kumar
CA, Hyderabad
1001 Answers
124 Consultations

5.0 on 5.0

Your father was liable to capital gain tax when he entered into the Joint Development Agreement in 2010. So, you can check his Income tax returns and get the sale consideration. The sale consideration in 2010 shall become the cost of acquisition for your mother, as apportioned for her share in property.

Index such cost of acquisition calculated above : (let, A)

Capital gain would be (2500000- A)

Capital Gains upto the investment made by your mother in the new property shall be exempt from tax, provided the property is not purchased before 1 year from the date of transfer of old property.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

Hello,

Since you have not incurred any cost of construction then the Cost of Land shall be the cost of house property in your case. You will have to find out the valuation as on 01st April 2001 in order to find out the Indexed Cost of Acquisition.

Trust this clarifies your query.

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

Thanking You.

Regards,

Rohit R Sharma

BCOM, FCA, LLB, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 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