• Capital gain tax to be file by July or Nov 2020 now

Hi

I have sold one property in nov and planning to buy another residential one to save capital gain tax. But got to know that we have to deposit all amount in capital gain scheme by july 2020 that we dont want.

Now i have to file tax for capital gain in july 2020 but since income tax filing date is moved to nov 2020, can i also file property tax in nov 2020 instead of july 2020.

So if i have to file tax in july and not able to purchase property till that time, then whole amount has to be transferred to capital gain account and we dont want to do that.

So need to know that if income tax filing date is extended till nov 2020, so capital gain tax should also be filied till nov 2020.

If not, is there any other way that tax filling date can be delayed and in meantime we dont need to put amount in capital gain account.

Thanks
Asked 4 years ago in Capital Gains Tax

Hi

 

The new due date of return filing for FY 19-20 is 30 Nov 20. In case investment is not made upto date of return filing or due date of return filing, whichever is earlier, the amount shall have to be deposited in CGDS. 

If the investment is not done till Nov 20 and also amount is not deposited in CGDS, tax shall have to be paid in Nov 20 while filing the returns.

Please note that if taxes are paid at the time of return filing, interest shall be applicable for non payment of advance taxes.

 

We may discuss the issues further. 

Lakshita Bhandari
CA, Mumbai
5687 Answers
935 Consultations

- You don't have to open Capital gain account till 30.11.2020 if you file the ITR on 30.11.2020. Opening of capital gain account and withdrawal of amount is a cumbersome process involving approval from jurisdictional AO. 

Vivek Kumar Arora
CA, Delhi
4957 Answers
1106 Consultations

Yes capital gain and income tax both go hand in hand and therefore now you can deposit the amount till 30.11.20.

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

Thank you

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

As per provision of income tax act, the amount should be deposited within the due date of filling of return.  Since return filling due date has been extended you can deposit the CG amount within such extended date without losing the exemption. 

Vidya Jain
CA, Kolkata
1020 Answers
58 Consultations

Hello,

 

Yes, now since the due date of filing ITR for F.Y. 2019-20 has been extended to 30th Nov. 2020, you can deposit the amount in CGAS Account up to the date of filing of return or the due date, whichever is earlier. In case you don't deposit the amount or invest it for the deduction, you will have to pay the due capital gain tax with the filing of return.

I hope this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Dear Sir,

 

Hope you are doing well !!

 

If you do not get a chance to invest in a profitable property immediately and still want to save your long-term gains from being taxed, you can invest your capital gains in CGDAS by approaching any public sector bank. The timeframe for the purchase or construction of the property remains unchanged in this case as well. But you can utilise this account momentarily so that you save your gains from being taxed and have more time to finalise a property for reinvestment.

                                                                                    

It is required to deposit such unutilised capital gain in the capital gains account before furnishing return of income but not beyond due date for furnishing return of income.

 

Since the due date of ITR filing has been extended to 30th Nov 2020 you can deposit the same within extended period. 

Payal Chhajed
CA, Mumbai
5188 Answers
299 Consultations

You will have to park the amount in capital gain account scheme before Nov 30 if you do not purchase any other property by that time. If you do not park it in capital gain will become taxable. This amount is to be utilised in purchase of new house within 2 years from transfer of original house or another house should be constructed within 3 years from the date of sale.

Ruchi Goel Anchal
CA, Gurgaon
525 Answers
16 Consultations

The amount to be utilised for purchasing another property should be deposited in capital gains account scheme before the due date of filing the return. 

Tax return is one return for all types of income earned during the financial year by a person. Capital gains is one source of income which also needs to be reported in the tax return due to be filed by November. 

This year since the due date for filing the Return of income is 30th November, you have time to buy another property by November.  In case, you are not able to buy before the due date, do invest in capital gains before 30th November  

Jasmina Jain Shah
CA, Greater Mumbai
458 Answers
4 Consultations

Ask a Chartered Accountant

Get tax answers from top-rated CAs in 1 hour. It's quick, easy, and anonymous!
  Ask a CA