Skip to main content

Capital gains tax on profits accrued from the sale of property

It will shield you from paying capital gains tax on profits accrued from the sale of property while earning an interest on it. The interest income, however, will be taxed

The booming real estate market had meant Kapil Kumar could manage to sell his house in Pune for a neat profit. He had bought the place with the idea that one day he would retire from his job and also from Mumbai. However, 10 years on, the price he was getting was something he hadn't even dreamt. Wanting to make hay while the sun shines, he completed the deal in record time. The only hitch that remained was the long term capital gains (LTCG) tax. And in this case, high profits meant higher tax. This set Kumar thinking of ways to save it.

He had heard that investing the profit back in real estate does help save tax. However, he didn't want to buy any property in the current market. A visit to his chartered accountant (CA) was, thus, warranted.

His CA told him the Income Tax Act exempts capital gains from the sale of a house if the taxpayer invests the same within two years from the date of sale, or constructs another house property within three years from the date of sale. If the entire capital gain is not used, proportionate deduction is also available.

So, Kumar has two years to buy a new house. However, what if by July 31, the last date for filing the tax return, he hasn't managed to found the right property? How does he convey to the income tax officials that he does, indeed, intend to buy a house within the time allotted to him and, hence, will not be paying tax on the capital gains earned during the year?

SPECIAL DEPOSIT

His CA informed him that in such situations, Kumar can keep the money in a special fixed deposit facility provided by the government. This facility is known as the Capital Gains Account Scheme (CGAS). Let us assume that Kumar earned long-term capital gains of 50 lakh from the sale of his Pune property. The tax at 20 per cent on this amount works out to be `10 lakh (the three per cent education cess has been ignored here for ease of understanding the concept). Section 54 offers exemption from this tax if he purchases within two years or constructs within three years a residential house costing 50 lakh. Prior to 1988, Kapil would have been required to pay the tax in the financial year during which the capital gains arose, even if he intended to buy or construct a house. After purchasing or constructing a house within the stipulated time frame, he could apply for the refund. When he'd actually receive the refund depended on the strength of his prayers. Among other things, it was inconvenient for the income tax authorities to dig up past records to verify the claim.

Fortunately, the tax department was aware of the problem. CGAS, introduced in 1988, eliminated the need to reopen the assessments for rectification. In effect, CGAS is a special account with banks or specified institutions, to be used when the amount of capital gain is not utilised for the purchase or construction of the new asset before the due date of furnishing return of income (Notification No. 724(E) dated June 22,1988).

If the amount deposited is not utilised fully for purchase or construction of the new asset within the stipulated period, the remaining part would be treated as capital gain of the year in which the period of three years from the date of sale of the original house expires.

FEATURES

There are two types of such accounts: Type-A, a savings deposit, and Type-B, a term deposit. Type-B can be either cumulative or non-cumulative. The interest rates will be the same as those applicable to the normal savings and term bank deposits.

The effective date for claiming exemption will be the date on which the bank receives the application, subject to realisation of cheque or draft. However, the interest will be payable from the date the cash is paid or the cheque or draft is realised.

Amounts are transferable from Type-A to Type-B and vice versa. For premature transfers from Type-B to Type-A, the normal penalties will be applicable.

Withdrawals can be made only from Type-A, by a declaration that the amount sought to be withdrawn is proposed to be utilised for the intended purpose. If the amount to be withdrawn exceeds `25,000, the bank will make the payment by way of a crossed demand draft drawn in favour of the person to whom the depositor intends to make the payment. Any such amount withdrawn must be utilised within 60 days. And the unutilised portion, if any, has to be re-deposited into CGAS.

KEEP IN MIND

While the many advantages of CGAS must be acknowledged, one should not ignore the several lacunae which also exist in this facility.

If this amount is to be purchase another house within two years or construct within three years? May he use CGAS once again? It is illogical

Happy Investing!!

We can help. Call 0 94 8300 8300 (India)

Leave your comment with mail ID and we will answer them

OR

You can write back to us at PrajnaCapital [at] Gmail [dot] Com

 

---------------------------------------------

Invest Mutual Funds Online

Transact Mutual Fund Online

Download Mutual Fund Application Forms from all AMCs

Download Mutual Fund Application Forms

Best Performing Mutual Funds

    1. Largecap Funds Invest Online
      1. DSP BlackRock Top 100 Fund
      2. ICICI Prudential Focused Blue Chip Fund
      3. Birla Sun Life Front Line Equity Fund
    2. Large and Midcap Funds Invest Online
      1. ICICI Prudential Dynamic Plan
      2. HDFC Top 200 Fund
      3. UTI Dividend Yield Fund
    1. Mid and SmallCap Funds Invest Online
      1. Reliance Equity Opportunities Fund
      2. DSP BlackRock Small & Midcap Fund
      3. Sundaram Select Midcap
      4. IDFC Premier Equity Fund
    1. Small and MicroCap Funds Invest Online
      1. DSP BlackRock MicroCap Fund
    1. Sector Funds Invest Online
      1. Reliance Banking Fund
      2. Reliance Banking Fund
    1. Tax Saver Mutual  Funds  Invest Online
      1. ICICI Prudential Tax Plan
      2. HDFC Taxsaver
      3. DSP BlackRock Tax Saver Fund
      4. Reliance Tax Saver (ELSS) Fund
    2. Gold Mutual Funds Invest Online
      1. Relaince Gold Savings Fund
      2. ICICI Prudential Regular Gold Savings Fund
      3. HDFC Gold Fund

 

Popular posts from this blog

Debt Mutual Fund Dividends are Taxable

DDT is deducted when a non-equity fund declares dividends. Equity and balanced fund dividends are tax-free The AMC is correct to deduct the dividend distribution tax (DDT) as it is mandated by tax laws. DDT in mutual funds is deducted every time a non-equity fund declares dividends. Equity fund and balanced fund dividends are tax-free . It is possible that you have invested in a non-equity fund for the first time or have received the dividend under a non-equity fund for the first time. That is why this is the first occasion when you have come across DDT.   The rate at which non-equity schemes deduct DDT has also gone up after the July 2014 budget. This is due to a change in calculation methodology. Earlier, if the fund has to declare a dividend of R 100, it used to make a provision for R 128.3, paying R 28.3 to the taxman and distributing the balance to the investor. This allowed the investor to bear less tax since the effective tax rate was 22.07 per ce...

Franklin India High Growth Companies Fund

Franklin India High Growth Companies Fund Online One of the key developments that the Street is keenly waiting for is a cut in interest rates by Reserve Bank of India . With demand rising gradually, a rate cut is expected to boost earnings growth for companies. In such a situation, schemes which invest in high growth companies are best suited, especially when seen from a long-term perspective. One such scheme is Franklin India High Growth Companies Fund. Fund managers Anand Radhakrishnan, Roshi Jain and Srikesh Nair strictly follow valuation parameters when it comes to choosing stocks.Valuation parameters, such as enterprise value, price-to-earnings growth ratio, forward price-to-sales ratio and discounted earnings per share, play a critical role in selecting companies for investments. Taking into account these parameters, the fund managers invest in companies which are poised for high growth in their respective sectors. This approach has been in favour of the scheme and it has perform...

Avoid NFOs

  Don't get taken in by the flurry of new fund offers. You will be better off sticking to the tried and tested schemes.   For the past one year, to cash in on the bull run in equities, mutual fund houses have gone on a new fund offer (NFO) overdrive. But experts are unanimous in their advice: avoid NFOs . While past performance is not an indicator of how a fund will fare in the future, it does tell the investor how skilful the fund manager is. This crucial information is missing in an NFO. Not only is there no track record to judge an NFO by, many NFOs are similar to funds that already exist. If the new fund is similar to existing funds, you are better off investing in the latter. Around 67% of the new launches in 2014 were closed-end products. Investing in the NFO of a closed-end fund is doubly risky. In case the fund's performance is lacklustre, a closed-end fund does not allow you to exit. Even though closed-end funds are listed on the stock...

Mutual Fund Exit Load Changes

Download Tax Saving Mutual Fund Application Forms Invest In Tax Saving Mutual Funds Online Buy Gold Mutual Funds Leave a missed Call on 94 8300 8300 Mutual Fund Exit Load Changes AMCs don't communicate about any change in exit load directly with investors, but do update on their website   The exit load applicable to your investments is the load which existed at the time when you invested in the particular fund. Any subsequent changes in the exit load will not be applicable to your investments.   However, Asset Management Companies ( AMCs ) periodically publish addendums in the newspapers, which state any change in exit loads of specific schemes managed by them. Such changes are also posted on their websites. However, a direct communication to an investor is not made, considering the costs involved in doing so. In their own interests, investors should not only track the performance of the funds they i...

Atal Pension Yojana contribution Tax Benefit for spouse

Contributions to Atal Pension Yojana (APY) are eligible for the same tax benefits as the NPS. This means that the contributions can be claimed under Section 80CCD (1B). The current limit for Section 80CCD (1B) is   Rs   50,000, over and above the   Rs   1.5 lakh limit under Section 80C. Section 80 CCD (1) is a different one, meant to cover employers' contribution towards NPS . You cannot get tax benefit by investing in the name of your spouse under Section 80 CCD . ------------------------------ ----------------- Invest Rs 1,50,000 and Save Tax under Section 80C. Get Great Returns by Investing in Best Performing ELSS Mutual Funds Top 10 Tax Saver Mutual Funds to invest in India for 2016 Best 10 ELSS Mutual Funds in India for 2016 1. BNP Paribas Long Term Equity Fund 2. Axis Tax Saver Fund 3. Religare Tax Plan 4. DSP BlackRock Tax Saver Fund 5. Franklin India TaxShield 6. ICICI Prudential Long Term Equity Fund 7. IDFC Tax Advantage (ELSS) Fund 8. Birla Sun Life Tax Relief 96 9. ...
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now