Long term capital gains (Sale of Property)

Q & A ForumCategory: Real EstateLong term capital gains (Sale of Property)
iyersc asked 8 years ago
Sir, I recently sold a flat purchased in 1999 from another seller and have to pay Long Term Capital gains. I need to know if
  1. I can claim Registration and Stamp Duty charges paid at time of buying flat in 1999 as expense and is this to be subjected to indexation benefit?
  2. I also had to recently pay additional Stamp Duty and penalty on behalf of the 1st seller to retrieve the original agreement between the builder and seller from the stamp office. Can I claim this additional stamp duty as expense?
  3. Can the penalty paid be also claimed as an expense?
Would appreciate your guidance and advice on above query.
1 Answers
Sreekanth Staff answered 8 years ago
Hi, I believe that indexation benefit is available for Cost of acquisition (purchase cost) and cost of Improvement (if any) only. Also, the expenses like stamp duty, brokerage expenses, legal fees etc related to 'sale /transfer' can be claimed (and not related to purchase). Also, these should not have been claimed under any other deduction like section 80c. Suggested readings : https://www.relakhs.com/how-to-save-capital-gains-tax-on-sale-of-land-house-property/ https://www.relakhs.com/long-term-capital-gain-exemptions-court-orders/  
Garjana388 replied 8 years ago

Change in today’s budget.
Quote

” To rationalise the existing provision relating to investment in capital gain bonds, the exemption will be available only in respect of long-term capital gains arising out of sale of immoveable property and investment in the bond will be for a minimum period of 5 year from the existing 3 years.”

Unquote

I got my property in December 2017 and got final payment in January 2018. I plan to invest in 54ec bonds by February end. What is implications to me. Should it for five years or three years. Will it make difference if I invest right away.

Sreekanth Staff replied 8 years ago

Hi,
The lock-in period of these bonds have been increased from 3 years from 5 years from FY 2018-19.

If Bonds are issued on or after 01-Apr-2018, their lock-in period would be 5 years.

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