• LTCG tax on sale of inherited land

What Are income tax implication on sale of inherited land? As for :-

(1) Income Tax Liabilities, 
(2) Gift Of Land From Brother To Brother Tax Liabilities;
(3) Money Gift From Brother To Brother Tax Liabilities; 
(4) Tax Exemption Of 3 Lakhs For Sr Citizens Age 60-80 At 3 Lakhs And (At 5 Lakhs For Super Sr Citizens Age 80+) Confirmation; 
(5) Confirmation Of The Curious Rule That LTCGains Income Tax Need Be Paid Only On Village Office Revenue Records Based Fair Value Of Land (Indexed) But The Money That Changes Hands Between Seller And Buyer Need NOT Be Included In That F Years Taxable Income Of Seller?
(6) What is the income tax ITR form number to be used for the Financial Year (in next year = Assessment Year) for including such transaction as LTCG on sale of inherited property?
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Asked 3 years ago in Capital Gains Tax

1) Cost to the previous owner would be considered. Holding period of previous owner would be included in holing period. Benefit u/s 54F and 54EC is available. LTCG rate is 20%+cess @4%. If land was purchased before 01.04.2001, you may consider SDV if it is more than actual cost of acquistion of the property.

2&3) Exempt in the hands of recipient. Money gift should be thri=u banking channels.

4) Correct

5) Stamp duty value/Guidance value. Value on which stamp duty is payable.

6) ITR-2 or ITR-3

Vivek Kumar Arora
CA, Delhi
4951 Answers
1105 Consultations

Considering it a inherited property I assume it is long term asset and hence will attract 20% tax on capital gain amount.

No tax on gift between brother's.

No tax on Money gift between brother's.

Yes tax exemption limit are correct but it is only for resident senior citizens.

That is not correct if sale value is more you need to consider that, hence one need to consider whichever is higher.

If this is the only income file ITR 2.

 

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Thank you

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

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