• Can proceeds of a land sale be gifted to relative before ltcgt

dear sir, my father wants to sell a residential plot and wants gift the money to me before the long-term capital gain tax is paid. i wish to pay the tax before the due date. is it compulsory the tax is paid before the gift. 
                            thanks
Asked 8 years ago in Capital Gains Tax

Dear Sir,

Your father can gift you the money before paying taxes on ltcg. However he has to show this ltcg in his return if income and pay taxes on it on or beofre the due date of filing of return.

Please feel free to revert in case you require any additional clarification on the above.

Thanks and Regards,

CA Abhishek Dugar

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

You mean 15 June 2016. This will be your father's ltcg and not yours. It will pertain to FY 2016-17 for which your father will have to file ITR on or beofre 31 July 2017.

CIF will be published well and before the due date of filing of ITR.

Thanks and Regards,

CA Abhishek Dugar

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

Dear Sir,

No it is not compulsory to pay LTCG before gifting the Sale proceeds.

Trust this clarifies your query.

Please feel free to call/ get back in case of any further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, ACA, LLB-GEN, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

Dear Sir,

The indexation chart should be out by the end of the month.

Trust this clarifies your query.

Please feel free to call/ get back in case of any further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, ACA, LLB-GEN, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

In the present case there is no compulsion that tax is to be paid before or after gift. It is liability of your father to pay tax and file return of Income. The indexation year is financial year 2016-2017 which is not yet notified by the government.

Shyam Sunder Modani
CA, Hyderabad
1409 Answers
164 Consultations

Dear Sir,

Further CBDT has notified the cost inflation index as 1125 for FY 2016-17.

for FY 2015-16 it was 1081.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

Hello Sir,

For your reference the Cost Inflation Indexa for the FY 2016-17 is just released by the CBDT and it is 1125.

Trust this clarifies your query.

Please feel free to call/ get back in case of any further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, ACA, LLB-GEN, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

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