Legal Opinion Needed for Tax Strategy on Property Sale with Loan Discrepancy
I hope this message finds you well. I am currently involved in a complex property sale transaction and need your expert analysis to ensure that the financial structuring aligns with legal and tax compliance.
Sequence of Events and Payments:
Initial Amount Transferred: A sum of ₹13 lakhs was transferred at the outset of this transaction.
Loan Sanctioned: Subsequently, a loan of ₹87 lakhs was sanctioned, based on a property agreement value of ₹1 Crore.
Registration of Sale Deed: The sale deed, however, was registered at a value of ₹64 lakhs, reflecting the actual sale price.
Proposal to Categorize ₹13 Lakhs as Loan Repayment: We are considering treating the initial transfer of ₹13 Lakhs as a repayment of the loan.
Additional Agreement for ₹23 Lakhs under 'Furniture and Fixtures': Finally, we plan to draft a separate agreement for ₹23 lakhs, representing the difference between the loan amount and the sale deed value, and categorize this under 'Furniture and Fixtures'.
Seeking Your Expertise:
Given these details, I would greatly appreciate your professional advice on the following aspects:
The implications of treating the initial ₹13 lakhs as loan repayment from a legal and tax perspective.
The potential risks and compliance issues involved in drafting a separate 'Furniture and Fixtures' agreement for the remaining ₹23 lakhs.
Any alternative strategies or considerations that might better suit the legal and financial aspects of this transaction?
Your insight into these matters is crucial for us to proceed confidently and in compliance with relevant laws.
Thank you for your time and expertise. I look forward to your valuable guidance.
Warm regards,