• How to save capital gain tax

We both are Sr Citigens.We Purchased a plot in Belgaum (Karnataka ) in 2006-7 for Rs 290000 + Stamp dutyRs 30K and spent Rs 60K on develpoment. Sold 50% of this plot in 2015 for Rs 14 L.This amount was reinvested in a Farm house and hence no CG. And Sold balance 50% of the same plot for Rs 21 L in 2018 Oct. Some of this amount was utilised in maintaining our House in NOIDA and also to help my son's family shift to Malaysia in 2018-19. Because of the heavy rains/ Flood in Karnataka we were out of the city (Belgaum in Karnataka) in August, 2019 and could not file ITR. I am planning to do this now and seek your advice;
 1. how much CGTax would be payable..?
.2. We both file ITRs and have farm income of Rs 1.25L each.i.e no Income tax payable 
 3. Is there any possibility of saving CGtax in this years ITR as we have not done any tax-saving FD or deposit in bank ?
 3. Can this CG tax payable be advanced to next years ITR ?
 4. How much penalty should we pay if we file our ITR now or before 31st Dec, 2019.?
Asked 5 years ago in Capital Gains Tax

1. Long term capital of Rs.17,32,790 and tax would be Rs.2,12,220. Assuming both have invested equal amount in the plot and capital gain is assessable equally in the hands of both

2. Farm income more than Rs.5000 would be clubbed for rate purposes.

3. Before 31.08.2019, it should be deposited in capital gain account scheme to avail exemption and time period for investment purpose. You can still open the account and claim exemption citing floods.

4. No

5. If the taxable income is less than 5,00,000 it is Rs.1,000 otherwise Rs.5,000. It is late fees.

Vivek Kumar Arora
CA, Delhi
5007 Answers
1134 Consultations

1. Your capital gain would be 21 lakh less 3.67 lakh i.e. indexed cost of half of 2.9 lakh plus 30k stamp duty. If you have proper bill of development expense you can get additional 68k deduction. Your capital gain would be around 17 lakh and tax on same would be 3.4 lakh.

2. I don't see any possibility of saving tax as you haven't deposited any amount in capital gain account scheme before 31.8.19 i.e. due date for filing return of income.

3. Penalty would be around Rs. 5000 each.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Hello Sir,

 

Here are the replies your questions:

 

1. Computation of Capital Gain 

Sales Consideration- 21,00,000

Less: Indexed Cost of Aquisition- 4,36,065

 

(( 380000/2)*280/122)

 

Long Term Capital Gain - 16,63,935

 

As per Income Tax Act, Long term capital gain on immovable property is taxable at 20 percent.

* Both of will divide the above capital gain in the ratio as decided. 

 

2. In case of Long Term Capital Gain- benefit of exemption of 3,00,000 as allowed to senior citizens are not allowed. Hence capital is taxable at flat rate of 20 percent. 

 

3. If the property is sold last year then capital gain will be computed in that financial year only. Hence tax will be paid in FY 2018-19 and now there is no possible option as visible from the deatils provided by you as of now. (As you already have a house property than exemption cannot be claimed for annother house property)

 

4. No. 

 

5. If you will file the ITR for FY 2018-19 before 31st December than in that case : penalty is RS. 5000. 

 

 

Thanks and Regards

Divya Chugh

Divya Chugh
CA, Noida
190 Answers
3 Consultations

Hello,

 

1. The capital gain would be around Rs. 17.30 Lakhs and tax would be at flat 20%.

2. Tax would be payable after BEL Limit of Rs. 3 Lakhs.

3. Since the due date for deposit in CG savings account is over, there isn't any possibility to save tax on capital gain now.

4. No.

5. Upto Rs. 5000.

I hope that this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

 

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Hi

Considering you both have equal ownership in the land sold and you have sufficient proofs of payment of development fees:

 

  1. Approx 1.15 lacs each plus late fees
  2. No, all due dates have expired.
  3. No
  4. Rs. 5000 each.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Dear Sir,

 

Hope you are doing well !!

 

1. You need to pay the capital gain taxes of Rs ~1.15 with applicable interest.

2. No, the time limits have been expired.

3.No.

4. INR 5000 each.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hello Sir,

 

1.  You will be required to pay the capital gain tax @20% plus applicable surcharge and cess on the same. Assuming you both are having equal shares in the property so your capital gain tax liability would be around Rs. 1.15 lakh.

 

2.No, the all due dates have been expired.

 

3. No.

 

4. Penalty would be Rs 5000 each.

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

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