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wilfredfranklin .
wilfredfranklin .
8 years ago

Thank you Sir for the detailed explanation.

HKorben
HKorben
8 years ago

Good article

Satish
Satish
8 years ago

Thanks for such a nice article. One query though — In your cited example of selling property on 20th Oct 2015, the investor should purchase a new property till 19th Oct 2017. By “purchase”, does it mean to take possession of the new property by 19-Oct-2017 or is it fine if he/she gets the new property registration/stamp-duty done by that date, as the property could be under construction ?

Kindly clarify.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Satish

As i mentioned the construction should be completed within 36 months i.e. by 19th Oct, 2018.

Satish
Satish
8 years ago
Reply to  Nitin Bhatia

Thanks sir. A follow up query here – what happens to the exemption benefit if the construction does not complete within 36 months, due to any reason?

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Satish

I have answered it in 3rd last paragraph of the post. I request you to go through the same.

Satish
Satish
8 years ago
Reply to  Nitin Bhatia

Thanks again, sir.

Jay Arun
Jay Arun
8 years ago

Hi,
I just wanted to know that while calculating LTCG, do we need to add stamp duty and registration paid, to the flat cost or just flat cost which was originally paid to the builder?

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Jay Arun

You can add stamp duty and registration charges.

sap
sap
8 years ago

Is the interest Paid for the sold property also considered as cost of acquisition

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  sap

If you have not availed any tax deduction on interest component then you may include it in cost of acquisition.

Naveen Dindukurthi
Naveen Dindukurthi
8 years ago

Hi Nitin,
Thanks for detailed article about capital gains. I have one query. I have around 5 lakhs of long term capital gain from selling a plot in Jan 2016. I am not in a position to purchase another property by last date of IT returns filing ie., 31st July 2016. So i want to keep the amount in a capital gains account. In such case do i have to mention the account details in my IT returns? If so please explain the process, forms to use etc.

Thanks
Naveen

Nitin Bhatia
Nitin Bhatia
8 years ago

Yes, you need to mention the details in ITR in the schedule CG section B (8)(a). You need to select right ITR.

Naveen Dindukurthi
Naveen Dindukurthi
8 years ago
Reply to  Nitin Bhatia

Thanks Nitin. I have salary income, TDS from bank on FDs and CG. Can i use ITR 2?

Nitin Bhatia
Nitin Bhatia
8 years ago

Prima facie you can use ITR 2.

Naveen Dindukurthi
Naveen Dindukurthi
8 years ago
Reply to  Nitin Bhatia

Thank you very much.

Nitin Bhatia
Nitin Bhatia
8 years ago

As i mentioned in the last section of my post that if the taxpayer is not able to finalize the property within stipulated 3 years. The 100% of the amount not utilized will be taxed as long term capital for the financial year in which the specific period gets over. Therefore, In your cases it seems that stipulated 3 year period was over in 2015. Now you cannot claim tax exemption on LTCG. You can pay the tax, withdraw the amount and then you can invest the money as per your choice.

ashutoshsharma00012
ashutoshsharma00012
7 years ago
Reply to  Nitin Bhatia

Dear sir,
thank you for your reply and solution sorry to reply late as i was ill. sir there is any senior citizen reabate on LTCG or extend time scheme ? i got a notice regarding that and i went to local income tax department they were saying that now i can go in their new scheme in that i have to declare my income in that year because of capital gain and now 45% tax will be applicable but sir i cross them that this is not black money i already invested in capital gain and money is still in that and whether i invest in capital gain its auto declared that that money comes from property gain . please guide me total amount in capital gain i invested was 7 lakh and according to bank it will mature on 23sep 2016 and amount will be approx 10 lakh 9000 . now how can get my money .you said i have to pay tax so please tell me how much tax will be appliacble and where i have to pay ? i have to pay in income tax department or bank will direct cut that tax and remaining amount they will pay me . as i think income tax officers are saying wrong they are telling me to ay 45% whether its not black money.

thanks thanks a lot

ASHUTOSH SHARMA

Nitin Bhatia
Nitin Bhatia
7 years ago

There is no special scheme for senior citizens in this regard. As i shared in my previous comment that you should paid LTCG tax. I am not sure of breakup of 45% tax imposed. I think some penalties are imposed for delay in payment of LTCG tax.

After you pay LTCG tax, you can withdraw the money. You may approach your AO for clarification in this regard as you need his permission to withdraw the money.

ashutoshsharma00012
ashutoshsharma00012
7 years ago
Reply to  Nitin Bhatia

Really your advice is very helpful. thanks a lot to read me and give your time.wish you all the best for future.
Regards
Ashutosh sharma.

Nasa
Nasa
8 years ago

Sir, Quick question.. I sold a property in Apr 2015 for 13.25 Lacs, while the indexed cost worked out to 10.45 Lacs. I propose to invest this amount in Capital Gains Account in IDBI Bank to enable me to purchase property by Apr 2017. Should I invest the entire 13.25 Lacs in this CG A/c or only the actual Capital Gains of Rs.2.8 Lacs.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Nasa

Only the capital gain i.e. 2.8L.

MONIL
MONIL
7 years ago

If assessee was required to deposit 8L in scheme but he deposit 9L. Can he withdraw excessive 1L for utilizing it for personal purpose.??

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  MONIL

You need AO approval. You should present all the facts in front of him and if he is satisfied that 1L extra is deposited then he may allow withdrawal of same. Secondly, the capital gain tax exemption availed on additional amount of 1L will be reversed.

Akash
Akash
7 years ago

Sir, can i get extension for capital gain account by submitting request letter to AO?

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Akash

You have not mentioned whether you are seeking extension at the time of completion of 2/3 years or opening of capital gain account.

Denzil
Denzil
7 years ago

I have a CGAS account which I filed last year 2015-16. I haven’t purchased a new flat yet. Do I file the same details for current year (2016-17) and claim exemption?

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Denzil

My apologies but i could not understand which exemption you are referring to. Is it capital gain exemption?

Hardik
Hardik
7 years ago

Sir, thanks for the information.Please clarify on these questions.
1. Sir if capital gains is more than 50 Lakhs can the maximum amount be invested in NHAI & the rest of the Cap gains be invested in property?
2. Till how many years can an owner not sell the purchased property from capital gains to be exempted from tax.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Hardik

1. Yes. You can invest balance amount in property
2. Three Years

Nirav Kansagara
Nirav Kansagara
7 years ago

Nice Article…
I have query regarding withdrawal of amount in CGAS. i deposited Rs 1.25 Cr and i am purchasing property with same amount my questions are below :

1) TDS need to be deducted by me as my property exceeds 50 Lakhs. Bt Do i need to paid from Capital Gain Account only? And on which amount? Like Purchase cost includes what amounts.
2) Any maintenance Deposit paid at time of purchase of property will include in COA or not?

Thanks in Advance.

Nitin Bhatia
Nitin Bhatia
7 years ago

1. TDS is applicable. The TDS amount is deducted from seller’s contribution. Therefore, if you withdraw Rs 100 then pay Rs 99 to seller and deposit Rs 1 as a TDS. Purchase cost depend whether you are buying from builder or a resale flat
2. Sorry i could not understand what is meant by COA.

Nirav Kansagara
Nirav Kansagara
7 years ago
Reply to  Nitin Bhatia

COA stands for Cost of acquisition

Nitin Bhatia
Nitin Bhatia
7 years ago

Maintenance Deposit cannot be included in Cost of Acquisition.

Pradeep Kumar
Pradeep Kumar
7 years ago

In Your article, you have said if i buy a property with part of the L.T.Capital gains, then the rest I can deposit in L.T.Capital gains account, to help me save TAX. How can I then withdraw this amount and use it for some other purpose, since I am not allowed to buy two properties , with the L.T.Capital gains amount.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Pradeep Kumar

You can invest in Capital Gains Bond. The amount invested in Capital Gain deposit account can only be withdrawn for the purchase of single property.

Pradeep Kumar
Pradeep Kumar
7 years ago
Reply to  Nitin Bhatia

Thanks. It is clear to me now.

david dhanasingh
david dhanasingh
7 years ago

Hi Sir,
We bought a house in 2009 and sold it it 2013. Created a capital gain account in bank in 2013. Now three years have passed. We haven’t used the amount for buying or construction of house. So what are the options available for us. Since three years have passed will the amount in bank becomes taxable. How much tax will be deducted. how can we withdraw the money from bank. Can we construct a house now after three years to save tax.
Thanks,

Nitin Bhatia
Nitin Bhatia
7 years ago

The 100% of the unutilized amount will be taxed as long term capital for the financial year in which the specific period gets over. As the three years period is over therefore now you cannot claim capital gain exemption even if you construct a house.

Ananth
Ananth
7 years ago

Dear Sir,
I have sold my property in the month of August 2015 and deposited the money in Capital Gains Account. Rs.30 Lakhs is split in to 5 FDs in B account and 5 Lakhs in A account. This was done before July 2016. My intention of doing so was that I was thinking of house construction.
Now due to some reason, I am not going for house construction.
I believe that if we deposit the amount in Capital Gains Bond for 5 years, I need not pay the tax.
My question is, can I now convert this to a bond to save capital gains tax? I am ready to lock the amount for 5 years.
Expecting an early reply.
Regards
Ananth

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Ananth

The lock in period for capital gain bond is 3 years. Now it is not feasible to transfer the amount from capital gains account to capital gain bonds. You can invest in capital gain bonds within 6 months from the date of sale of property

rekha patil
rekha patil
7 years ago

Hello Sir,
Thanks awesome artical. I have some questions.

1) We sold our plot for 22lacs which was purchased for 10lacs 4years back, Do i need to diposite entire 22lacs in CGAS account? or only 12lacs and remaining in my regular savings account(will there be any tax deduction from my savings account)?
2) We bought new house and payment is already done for new house from bank loan only registration and interiors are left, can i use amount parked in CGAS account for this?

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  rekha patil

1. The capital gain is long term capital gain. You need to check the value of capital gain. Please check my following post on how to calculate the same
https://www.nitinbhatia.in/personal-finance/capital-gain/

You have to deposit only capital gain in the CGAS.

2. In this case you need not deposit capital gain in CGAS, you can utilize capital gain amount to prepay home loan.

I am assuming you are fulfilling all other conditions to claim capital gain tax exemption.

Sanjeev gupta
Sanjeev gupta
7 years ago

I want to sell land @1cr should I liable toLtcg wnt to buying another land
My land purchase by grand father 1960

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Sanjeev gupta

Please check following link on how to calculate long term capital gain
https://www.nitinbhatia.in/personal-finance/capital-gain/

Atul Kumar
Atul Kumar
7 years ago

Are you sure this is correct:
” For example, if you sold the property on 1st May 2015 then you can keep
capital gain in your savings account till 31st July 2016, not 31st July
2015.”

I think you meant the capital gain can be kept until 31st July 2015. Right?

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Atul Kumar

The info shared is correct.

Deepak
Deepak
7 years ago

Can I buy industrial shed by selling residential site

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Deepak

You cannot claim LTCG exemption in this case.

Rao
Rao
7 years ago

Hi Sir,

Can we avail the deduction U/s 54F by depositing in a normal Savings and FD account in a above said Public sector Banks? under which proviso we can claim the deduction?

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Rao

It is not feasible.

Sanjay Bhatia
Sanjay Bhatia
7 years ago

Hi,

The Capital Gain for one my assessee was Rs. 20 Lakh , however he has deposited Rs. 35 Lakh (Entire Sale Consideration) in Capital Gain scheme. Now he wants to withdraw the funds as he do not want to buy or contruct new property. The Question is whether the assessee would have to pay capital gain Tax on Rs. 20 Lakh or Rs. 35 Lakh, Please clarify.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Sanjay Bhatia

As per income tax department the capital gain is Rs 35 Lac but in actual it is Rs 20 Lac. Therefore, you can approach AO and explain the entire case. If he is convinced he may allow to you withdraw entire amount and capital gain tax will be applicable on 20 Lac else if AO is not convinced then you need to pay capital gain tax on entire 35 Lac.

amandeep
amandeep
7 years ago

hello sir,

I deposited 18.00 lacs in FDR scheme and now after 2 years due to interest application amount has become 22.00 lacs and now i do not want to buy a property then i have to pay tax on 18.00 lacs or 24.00 lacs . I have already paid income tax on interest amount. Please clarify

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  amandeep

The tax is applicable on capital gain amount i.e. 18 Lac.

Rohit
Rohit
7 years ago

Dear Nitin, firstly thank you for writing an informative post above, it really helps a layman understand nuances on taxation. I have a question though, I sold a flat on 29th Oct 2014, deposited the money in a LTGC account, from this account I made a purchase on 20th Oct 2016, this flat that I bought was from an end user, hence the building already had a completion certificate. The registration, stamp duty etc was paid on or before 20th Oct itself. Now the AO is not releasing the funds, and is telling me that the amount will remain in the account till 28th Oct 2017 (which is after 3 years). Only post that I can release my funds. This is true? Does it work this way? I should be able to close the account, pay whatever taxes immediately after lapse of 2years right? Because I simply bought a ready to move in apartment, and not build one. Do suggest.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Rohit

There is a technical point here. Though it is not clear but seems you made withdrawal request post purchase. Therefore, any investment in new property will not be considered from capital gain pool. You may clarify the same from AO.

Amandeep
Amandeep
7 years ago

Sir I sold my property on 21st April 2014 and dposited the proceeds in Capital Gain Scheme , I wanted to Buy a house But could not finalize in a period of 2 years . The period of 3 years will be over on 2oth April 2017. I have still period of 2 months in my hand. Please advice how could I save my Capital Gain Tax. Please help

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Amandeep

I doubt now you can save capital gain tax as three year period is to complete the construction.

Harry
Harry
7 years ago

Thanks for the article Sir. It is simple and informative.

I have a unique query. I have booked an under construction house under subvention plan from bank.
Subvention of two years ends next year March. I plan to pay full loan amount before end of that period, so that I do not have to pay any EMI.
On the other hand, my Father-in-law has sold a property last month and has parked money in Capital Gain account.
My question is, can I sell my property to my father-in-Law on no profit and no loss, so that he avoids Long Term Capital Gain Tax and I also do not have any taxable gain.

Also, Can my Father-in-Law withdraw and use the Interest earned on LTCG Account for the two years period, after paying tax on it ?

Please advice.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Harry

You have not mentioned when you purchased under construction property.

Robert
Robert
7 years ago
Reply to  Nitin Bhatia

I had purchased the under construction property in Mar 2016. (date of start of subvention)

Ankit Bhatia
Ankit Bhatia
7 years ago

My Grandfather has bought a Land in Delhi(80 sq yard) from DDA in April 1980 for Rs 1L.
Over the period of 35+ years, we have constructed/renovated the house, which costs
approx 40-50 Lakhs.

Recently in Feb 2017 we have sold this property for Rs 1Cr.
My Grandfather has two sons, we all are thinking to buy two house in Noida , each for one brother.
Now my question are:
1. Cost Inflation Index of 1981 & 2017 is 100 & 1125 respectively,how to add the construction/renovation cost (do we need to show the proofs of that) while calculating LTCG.
2. As we get the money in Grandfather account, so to avoid the tax on LTCG, should the property be bought in grandfather name only or it can be in his son/grandson name ?
3. If we buy the under constructed property in which possession committed by builder is after 2 years, will we get the tax benefits of LTCG.
4. Can I & spouse take the home loan tax benefits while buying the house along with grandfather LTCG ?

sowmini sampath
sowmini sampath
7 years ago

Nitin Sir
I sold land in May 2 2014 , invested cap gains IN cgas sbi ACCOUNT by feb 2015 , booked a new under construction flat in March 2015 . I have utilised 75% of cap gains from CGAS ACCOUNT in payments to builder till feb 2017.
My query is till when is last date by which full amount in cap gains deposit account to be utilised i.e May 2 2017 or july 31 2017 (itr filing last date AY 2017-18) OR March 31 2018 (ay 2018-19)
for non taxing of LTCG SEC 54 F exemption CLAIMED .
what happens if I cant utilise 100% cap gains before last date considering flat handing over is likely around june 2017

Nitin Bhatia
Nitin Bhatia
7 years ago

Last date for under construction property is 1st May, 2017. In case construction is not completed within 3 years then you need to pay capital gain tax and cannot claim deduction.

chaithanya chaithu
chaithanya chaithu
7 years ago

Nitin Sir,
I sold my House property somewhere in first of 2014 and invested the proceeds in CAGS. Later on in 2016, without having the idea of the amount invested in CAGS, i took a loan from the bank and started constructing a new house. Now my Period of 3 years has got expired. what should i have to do if i want to avoid the tax on the amount not utilized in CAGS. Any how i have taken a loan from the bank. to my belief it will constitute utiliztion of money ! Can i ask AO to offset the loan account with CAGS !

Advice me sir.
Thanks in Advance

Nitin Bhatia
Nitin Bhatia
7 years ago

You may request your AO & request but i don’t think so that he will oblige.

Murali Mohan
Murali Mohan
7 years ago

Sir,

Suppose I have sold a house in February 2015 and put the entire capital gains in capital gains account scheme. Then, assume that I don’t buy a house before Feb 2017 or construct a new house by Feb 2018 and the entire amount is in the capital gains account only. Then, according to you, I will have to pay long term capital gains for the year in which the three year term expires, that is FY 2017-18. Does it mean that I have to pay 20.6 % tax on the total amount in my capital gains account or do I need to pay any further interest/penalty over and above 20.6 % tax for the FY 2017-18? Thanks.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Murali Mohan

Thanks for discussing your query over phone.

Robert
Robert
7 years ago

Dear Mr. Nitin Bhatia,

I intend to sell my property in April 2017 and invest
in Govt bonds such as NHAI/REC. To take this
route to avoid LTCG, should I credit the cheque
received from the buyer in a separate account
or is it is enough I credit in my normal saving
account and transfer it by my cheque for
buying NHAI/REC bonds?
What is the lock in period for these bonds
and how safe are they to invest?

Thanks in advance.

Robert

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Robert

You can accept payment in savings account. Please check my dedicated post on capital gain bonds for complete details
https://www.nitinbhatia.in/real-estate/capital-gain-bonds/

rashmi
rashmi
7 years ago

Sir My Mom sold her house on 8th sep 2016 for 36,25,000 which father had bought for 27800 in 1987.As she did not want to invest in new property she deposited the cheque given by seller in her saving account and made FD. When v consulted a CA in Jan’17 we were told that tax filing date will be 2018 Mar. and not advised anything about NHAI Bonds. Now clearly time to invest in bonds is gone. Now my query is.
1) When is the due date for tax payment ? being a senior citizen will she have to bear any late payment fine if due date is gone already. She is a house wife has income from home based business for amount 2-3 lacs , has never filed returns because my father expired in july 2015 and her pension started in aug 15, prior to this she did not have separate bank account and also as did not fall in tax bracket.
2) Is any grace period available to her now to invest in bonds to save tax she was given worng advise by CA.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  rashmi

1. As the transaction was completed in FY 2016-17. The capital gain tax is due on or before last date of filing of ITR i.e. 31st July, 2017.
2. Unfortunately NO.

Santosh Bhandarkar
Santosh Bhandarkar
7 years ago

Dear Nitin sir..
I sold a property in May 16.. It was LTCG. I used all proceeds to buy new property in June 2016. Now I am selling this prop in April 2017 with No profit No Loss.

Now I am using these full proceed to buy another property in May 2017. And use this new purchase to claim exemption u/s 54 for the sale of Original property sold in May 2016.

Hope I can claim the exemption u/s 54 and I do not have to pay any tax?

Nitin Bhatia
Nitin Bhatia
7 years ago

You have to pay capital gain tax on the property sold in May, 2016.

Srinivas Polisetty
Srinivas Polisetty
7 years ago

Dear Nitin
What are the tax implications of not utilizing long term capital gains deposited in a ltcg account after expiry of 3 years.
Sold apartment in sept 2014
Deposited proceeds in ltcg account November 2014
Do not want to reinvest in property and wish to withdraw funds now for use in business
One of my friend told me that I may have to pay some sort of penalty for not using the funds for intended purpose.
My understanding is that I have to pay 20% tax on the capital gain and thats it. Where as my friend tells me that since I did not utilize the funds for intended purpose, I may have to pay additional interest from the date of transaction till date on computed capital gains tax
Can you pl clarify this point. Thx

Nitin Bhatia
Nitin Bhatia
7 years ago

It is not correct. You only need to pay capital gain tax. The unutilized amount will be taxed as long term capital for the financial year in which the specific period gets over.

sneha
sneha
7 years ago

Hello Sir,
I have parked my LTCG in capital gain account scheme. Now i want to use that money for some personal purpose for less than 60 days . I will deposit the withdrawn amount before the expiry of 60 days in the capital gain scheme account again . Can i do so ?

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  sneha

It is not possible. You cannot withdraw for personal use even for short period.

Nagarajan K
Nagarajan K
7 years ago

Hello Sir,
Thanks for the detailed explanation. Need a clarification. I have deposited my capital gain in capital gain account scheme. Now I have finalised a property, can I use that money for registration purpose? or should it be used only for payment to the seller?
Thanks
Nagaraj

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Nagarajan K

Stamp duty and registration charges are part of cost of property. Therefore you can utilize the capital gain.

Sreedharan K V
Sreedharan K V
7 years ago

Dear Sir:
I sold a property in February and the LTCG is around Rs.63 .00 lacs which is parked in CG deposit account.I internet to purchase a property for Rs.40.00 lacs and do some alterations/modifications on it for about Rs.30.00 lacs within a month or two.Can I adjust the expenses for alterations/ modifications to the Capital Gain ?

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Sreedharan K V

No. You can utilize capital gain only for the purchase of the property.

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