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Definition of Transfer:
Transfer includes –
1) Sale,Exchange or Relinquishment of the asset
2) Extinguishment of any rights in the asset
3)Compulsory Acquisition of an Asset
4)Conversion of Capital Asset into Stock in trade
5) Maturity or redemption of Zero Coupon Bond
CERATAIN TRANSACTIONS NOT INCLUDED IN TRANSFER
ETC…
TRANSFER OF ASSET WITHIN PREVIOUS YEAR
Note : Month for this purpose should be ascertained on date to date basis.
C.
With effect from A.Y. 2018-19, an immovable property, being
land and building or both, would be treated as a short term
capital asset if it is held by the assessee for less than 24
months
SUMMARY
Short Term Capital Asset
Security listed in a Recognised Stock
Exchange ( Equity Shares, Preference
Short Term Capital Asset if held for Shares, debentures, bonds, derivatives
12 months etc)
Units of Equity Oriented Fund / Units of
UTI
Zero Coupon Bonds
Short Term Capital Asset if held for Unlisted Equity or Preference Shares
24 months Immovable Property ( being Land or
Building or both)
Short Term Capital Asset if held for Unit of Debt Oriented Fund
36 months Other Capital Assets
LONG TERM CAPITAL ASSET
An asset other than a short term capital asset is regarded
as a long term capital asset.
NOTE :
An asset held for exactly 36,24 or 12 months is a short
term capital asset.
NOTE :
1. Adequacy of Consideration
This is usually not a relevant factor for the purpse of determiming the full
value of consideration.
However, in the case of transfer of land or building, if sale
consideration is less than the stamp duty value, then in that case the
stamp duty value is taken as the Full Value of Consideration.
COST OF IMPROVEMENT
Cost of Improvement is capital expenditure incurred by an assessee in
making any additions / improvement to the capital asset.
Thus, any expenditure incurred to increase the value of the capital asset
is treated as Cost of Improvement.
Eg. Construction of additional floors in a house property
Note : Cost of Improvement incurred before April 1, 2001 is never taken
into consideration.
INDEXED COST
Indexed cost is relevant only for Long Term Capital Gains.
Indexed Cost means Original Cost as adjusted for inflation shown by
a Price Index.
Indexed Cost is calculated with the help of Cost Inflation Index ( CII).
CII for P.Y. 2001-02 is 100.
CII for P.Y. 2018-18 is 280
Note :
1. Period of Holding
In order to find out whether the capital asset is short-term or long term
in the above cases, the period of holding of the previous owner shall
be taken into consideration.
2. Indexation
The benefit of indexation will be available from the year in which the
asset was first held by the previous owner.
The Indexed Cost of Acquisition has to be computed with reference to
the year in which the previous owner acquired it and NOT the year in
which the current assessee became the owner of the asset.
II] COST OF ACQUISITION BEING THE FAIR MARKET VALUE AS
ON 1.4.2001
OPTION AVAILABLE FOR COST OF ACQUISITION :
In the following cases, the assessee has an option to choose
either ACTUAL COST or the FAIR MARKET VALUE of the
asset as on April 1, 2001 as the Cost of Acquisition :
1)Where the capital asset became the property of the
assessee before April 1, 2001
2) Under Section 49(1), the capital asset became the property
of the previous owner before April 1, 2001
X ltd. owns two plants –A and B ( Dep Rate – 15%, WDV of the
Block as on 1.4.2018 : Rs. 8,16,000). On June 1, 2018, it
purchases Plant C (dep rate : 15%) for Rs. 1,00,000. On
November 15, 2018, it sells Plant A for Rs. 1,30,000. Plant A was
purchased for Rs. 45,000 in 2012. Find out the amount of
depreciation and capital gains for A.Y. 2019-20.
Particulars Amt ( Rs.) Assets in
block
Opening WDV 8,16,000 A&B
Add : Purchase of Asset C 1,00,000 C
9,16,000 A,B & C
Less : Sale of Asset ( Sales price) (1,30,000) (A)
Closing WDV 7,86,000 B&C
TIME LIMIT :
The new house should be PURCHASED within 1 year before the date
of transfer OR within 2 years after the date of transfer,
OR a new house can be CONSTRUCTED within 3 years after the date
of transfer.
EXEMPTION UNDER SECTION 54 : EXEMPTION FOR
TRANSFER OF RESIDENTIAL HOUSE PROPERTY
AMOUNT OF EXEMPTION:
1) Amount of Long Term Capital Gains
2) Cost of New House/Amt Invested in Capital Gains Account Scheme
WHICHEVER IS LESS
LOCK-IN-PERIOD:
The new house should not be sold within 3 years of its
purchase/construction.
If it is sold within 3 years, then the exemption allowed earlier shall be
withdrawn
EXEMPTION UNDER SECTION 54 : EXEMPTION FOR TRANSFER OF RESIDENTIAL
HOUSE PROPERTY
IMPORTANT POINTS :
With effect from A.Y. 2015-16, exemption can be claimed only in
respect of ONE residential house property purchased/constructed in
India.
If more than one house is purchased/constructed, then exemption
under Section 54 will be available in respect of ONE house ONLY.
No exemption can be claimed in respect of house purchased outside
India.
However, Interim Budget 2019 has amended Section 54 to increase the
benefit from investment in one residential house to two residential houses
for a taxpayer having capital gains up to Rs. 2 crores.
⊡This benefit can be availed once in a life time. ( Applicable from P.Y.
2019-20 onwards)
EXEMPTION UNDER SECTION 54 : EXEMPTION FOR
TRANSFER OF RESIDENTIAL HOUSE PROPERTY
Example 1 :
Q. ABC HUF purchased a residential house in June, 2017 and sold the
same in June, 2018 for Rs. 17,00,000. Capital gain arising on sale of house
amounted to Rs. 1,50,000. Can the HUF claim the benefit of section 54 by
purchasing/constructing another house from the capital gain of Rs.
1,50,000?
Solution : In this case the house property is sold after holding it for a period
of less than 24 months and, hence, it is a short-term capital asset. The benefit
of section 54 is not available in respect of a short-term capital asset and,
hence, in this case ABC HUF cannot claim the benefit of section 54.
EXEMPTION UNDER SECTION 54 : EXEMPTION FOR
TRANSFER OF RESIDENTIAL HOUSE PROPERTY
Example 2 :
Q. Mr. K purchased a residential house in October, 2013 and sold the same on
19th June, 2018 for Rs. 17,00,000. Capital gain arising on sale of house
amounted to Rs. 1,50,000. Out of the sale proceeds of old house, he purchased
another residential house for Rs. 1,20,000. This house was purchased in
September, 2018. What will be the amount of exemption under section 54 which
can be claimed by Mr. K?
Solution : The exemption in this case will be lower of the following amount :
Amount of capital gain, i.e., Rs. 1,50,000.
Amount of investment in new house, i.e., Rs. 1,20,000
Thus, exemption will be Rs. 1,20,000. Taxable capital gain will come to Rs.
30,000 (Rs. 1,50,000 less exemption under section 54 of Rs. 1,20,000).
EXEMPTION UNDER SECTION 54 : EXEMPTION FOR
TRANSFER OF RESIDENTIAL HOUSE PROPERTY
Example 3 :
Q. Mr. Z is a salaried employee. He had purchased a residential house in
April, 2014 and sold the same on 16th May, 2018 for Rs. 17,00,000.
Capital gain arising on sale of house amounted to Rs. 2,00,000. He
wants to claim exemption under section 54 by purchasing another
residential house. By what time he should purchase or construct another
residential house?
Example 3 :
⊡Solution : To claim exemption under section 54, the taxpayer should purchase
another house within a period of one year before or two years after the date of
transfer of old house. In this case, the old house is transferred on 16th May, 2018 ,
hence, he has to purchase another house within a period of 2 years from 16th May,
2018 ; alternatively he can construct another house within a period of 3 years from
16th May, 2018 .
⊡The old house is transferred in the year 2018-19 and the due date of filing the
return of income of the year 2018-19 is 31st July, 2019. If Mr. Z cannot
purchase/construct another house by 31st July, 2019, then he has to deposit Rs.
2,00,000 in Capital Gains Account Scheme. By depositing Rs. 2,00,000 in the
Capital Gains Account Scheme he can claim exemption of Rs. 2,00,000 under
section 54. However, merely depositing the sum in the Capital Gains Account
Scheme would not be sufficient; after deposit in the scheme he has to utilise this
fund to purchase/construct the house within the specified period of 2 years/3 years,
as the case may be.
EXEMPTION UNDER SECTION 54F : EXEMPTION FOR TRANSFER
OF ANY CAPITAL ASSET (OTHER THAN RESIDENTIAL HOUSE
PROPERTY)
This exemption is available provided that the assessee does NOT own
more than one residential house property on the date of transfer of the
above asset.
* Net Consideration = FVOC-Transfer Expenses
EXEMPTION UNDER SECTION 54F : EXEMPTION FOR TRANSFER
OF ANY CAPITAL ASSET (OTHER THAN RESIDENTIAL HOUSE
PROPERTY)
TIME LIMIT :
The new house should be PURCHASED within 1 year before the
date of transfer OR within 2 years after the date of transfer
Or, a new house can be CONSTRUCTED within 3 years after the
date of transfer.
EXEMPTION UNDER SECTION 54F : EXEMPTION FOR TRANSFER
OF ANY CAPITAL ASSET (OTHER THAN RESIDENTIAL HOUSE
PROPERTY)
AMOUNT OF EXEMPTION:
If the Net Consideration is fully invested, then the Capital Gains shall be
fully exempt
If the Net Consideration is partly invested, then the Capital Gains shall be
partly exempt as follows i.e. proportionately exempt
LOCK-IN-PERIOD:
The new house should not be sold within 3 years of its
purchase/construction.
If it is sold within 3 years, then the exemption allowed earlier shall be
withdrawn
TAX RATES ON
CAPITAL GAINS
Capital
Assets