• Capital gains

I purchased a land in Nov 2017 for Rs 49.5 but registered it jointly with my wife. I am in the process of selling the land now. There will be short term capital gains. Can the registry in my wifes name be considered as a gift and the capital gains be divided between me and my wife. My wife earns rental income. No gift deed was registered.
Asked 5 years ago in Capital Gains Tax

If you are selling it now how will it be short term it will be a long term capital gain.

You better don't tell it as gift because if you do it will be charged in your hand only because in case of gift to wife there are provisions of clubbing of income.

If you need any further assistance feel free to contact me personally.

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Thank you

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

No, it will not be treated as gift. The capital gain will be taxable in your hands.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Yes you can divide the capital gains. Get payments equally in your's and your wife's bank account. No gift deed is required.

Tejas Shah
CA, Surat
47 Answers
3 Consultations

Hello,

 

No, it can't be considered as a gift.

Capital Gains will be taxable to both of you.

I hope that this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

 

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Hi,

 

It will not be treated as gift.

 

You will have to pay capital gain taxes in the same.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hello Sir,

 

No, it can not be considered as gift.

 

It would be treated as capital gain in the hands of your wife.

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

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