• LTCG Tax Exemption on Joint Development Projects

Our family land of around 1 acre has been given for JV to builder in 2019 with a 45:55 ratio. Of the 100 flats, 45 flats to land owner and 55 flats to developer . We had the land from over 30 years. We are expecting the Completion certificate of the project around July/August 2022. In the JDA in 2019, the developer clearly allocated flats to the 4 family members. 10 flats each to 2 Adult sons and mother and 15 flats to the senior Father. We have not yet started sale of our flats and intend to start sales after receiving Completion certificate after August 2022. 

I have few questions:
1) How could we as a family save as much as possible on capital gains.
2) Would Sec 54 or Sec 54 F apply for our above case for considering tax exemption if we are reinvesting in property. Kindly explain.
3) Can each member invest in more than one house property.
4) if the capital gain for each family member is more than Rs 2 Crores , can capital gains or upto Rs 2 Crores only be claimed for exemption if invested in house property or can we invest and exempt beyond 2 crores too for exemption. Should capital gains only be invested or full sale consideration value. 
5) would the option of once in a lifetime invest in 2 properties be applied to us 
6) Sec 54 EC , investing in special stocks of Rs 50 lakhs would exempt Rs 50 Lakhs of capital gain or proportional to full sale consideration accordingly.
7) Do you suggest we create a HUF to claim more exemption. We can create 2 HUF in family.
8) Any other strategies to get Max tax exemption
9) Any other suggestions.

Thank you
Sampat
Asked 3 years ago in Capital Gains Tax

W.e.f AY 2018-19, capital gain in case of JDA shall be taxable as income of the previous year in which the certificate of completion of completion for the whole or part of the project is issued by the competent authority. Sale consideration would be stamp duty value of the share of the owner of the land in the developed property on the date of issuing of said certificate of completion ( as increased by any monetary consideration received if any). 

 

2) Sec 54 would be available at the time of actual sale of the flats. Sec 54EC

3) Sec 54 allows purchase of one property only

4) Upto Rs. 2cr capital gain, you can invest in two properties. This benefit is available only once in a lifetime.

5) Point no.4

6) Rs. 50 lacs

 

For detailed discussion, you may opt for phone consultation.

Vivek Kumar Arora
CA, Delhi
4951 Answers
1105 Consultations

You can take benefit of section 54 and 54EC as you would be selling apartment but not section 54F.

You can invest in 1 property for each apartment you sell and in bonds.

The rs. 2 crore limit is a misconception.

Please read this: https://www.taxontips.com/exemption-u-s-54-available-only-once-in-lifetime-rs-2-crore-limit/

 

54EC allow entire capital gain and not just proportion to sale.

 

I would recommend to book phone consultation to discuss more in detail.

 

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
4292 Answers
101 Consultations

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