tax planning through investments

CA. Rajat MohanB.Com(H),ACA, ACS, DISA

1

Tax Planning through InvestmentsSECTION 54F

EXEMPTION FROM CAPITAL GAIN ON

TRANSFER OF CERTAIN CAPITAL ASSETS

IN CASE OF INVESTMENT INRESIDENTIAL HOUSE.

MOHAN AGGARWAL & ASSOCIATES Chartered Accountants

2


3

This exemption is available to taxpayers, being individual or Hindu

undivided family.

(A). TAXPAYER CATEGORY - SECTION 54F


4

1. Nature of Capital Gains on sale of original asset criteria — The capital gain arises from the transfer of any long term capital asset.

2. Original asset transferred criteria — Exemption is available for any long term capital asset not being a residential house.

(B).CONDITIONS- SECTION 54F


5

(B).CONDITIONS- SECTION 54F3. New asset acquired criteria — The assessee has, within a

period of 1 year before or 2 years after the date on which the transfer took place purchased, or has within a period of 3 years after that date constructed, a new residential house.

4. The assessee does not own more than 1 residential house, (other than the new residential house) on the date of transfer of the original asset.


6

5. The assessee, shall not purchase any residential house, (other than the new residential house), within a period of 2 year after the date of transfer of the original asset. However wherein the assessee defaults, the amount of capital gain exempted under this section shall be deemed to be long-term capital gains of the previous year in which such residential house is purchased.

6. The assessee, does not construct any residential house, (other than the new residential house), within a period of 3 years after the date of transfer of the original asset. However wherein the assessee defaults, the amount of capital gain exempted under this section shall be deemed to be long-term capital gains of the previous year in which such residential house is constructed.



7


7. Non-transfer of new asset for 3 years criteria — New residential house so purchased or constructed shall not be transferred within a period of 3 years from the date of its purchase or construction. However if this new residential house is transferred within this period then the amount of capital gains exempted under this section shall be treated as long-term capital gains of the previous year in which such new residential house is transferred.


8


8. Capital Gains Accounts Scheme — The exemption is available of the amount (prorate basis as per formula given above) which is utilized by assessee in the purchase or construction of new residential house before the date of filing return of income and the amount (prorate basis as per formula given above) which is invested by the assessee in capital Gains Accounts Scheme, 1988. In other words the amount which is not utilized by assessee in the purchase or construction of new residential house before the date of filing return of income, then it should be invested by the assessee in Capital Gains Accounts Scheme, 1988 latest by the date of filing return of income. The amount so invested by assessee in Capital Gains Accounts Scheme, 1988 shall be utilized towards the purchase or construction of new residential house.


9

(B).CONDITIONS- SECTION 54FHowever wherein the amount deposited in the Capital Gains

Accounts Scheme, 1988 is not utilized (wholly or partly) for the purchase or construction of the new residential house within the period specified, then the following amount shall be treated as Long Term Capital Gains in the previous year in which the period of 3 years from the date of the transfer of the original asset expires.


10

(a) If the cost of the new asset is not less than the net consideration in respect of the original asset - The whole of such capital gain shall be exempt.

(b) If the cost of the new asset is less than the net consideration in respect of the original asset - So much of the capital gain as bears to the whole of the capital gain the same proportion as the cost of the new asset bears to the net consideration, shall be exempt.

(C). AMOUNT OF EXEMPTION-SECTION 54F

CA. Rajat MohanB.Com(H),ACA, ACS, DISA 11

LTCG = Capital Gains on sale of original Capital Asset x Amount unutilizedNet Consideration

(D). FORMULA FOR CALCULATING EXEMPTION - SECTION 54F


12

(E).FORMULA FOR WITHDRAWAL OF EXEMPTION – SECTION 54F

LTCG = Capital Gains on sale of original Capital Asset x Amount unutilizedNet Consideration


13

•There is no stipulation in act, rules, notification or circular that new asset so purchased cannot be mortgaged. In other words, loan can be taken on the security of such new asset.

•There is no stipulation in act, rules any notification or circular that new asset so purchased cannot be leased. In other words new asset so purchased can be leased. However this step might require due planning and structuring of the deal in the light of separate provisions in financial lease and operating lease. This may involve litigation also.

(F). STRUCTURING TAX- SECTION 54F


14

• New asset so purchased cannot be transferred for a period of 3 years. However we can use section 47 and actually transfer the new asset without there being any capital gains.

• There is no stipulation in act, rules, notification or circular that new asset is to be purchased from own funds of assessee or from the sale proceeds of original asset. Even if an assessee borrows required funds and satisfies other conditions relating to investment in specified assets, he is entitled to exemption.

(F). STRUCTURING TAX - SECTION 54F

15

THANK YOUYour comments and suggestions are of utmost

importance and are always welcomed.

CA. Rajat Mohan B.Com(H), ACA, ACS, DISAMOHAN AGGARWAL & ASSOCIATESChartered AccountantsHead OfficeF-31 D.B. Gupta Market, Karol Bagh, New Delhi-110005Office Phone: 011-23672609 / 23535809Branch Office18A, IInd Floor, North Avenue Road, West Punjabi Bagh, New Delhi-110026office Phone: 011-47322696/97

Website: www.delhicamohan.comE-mail: [email protected]

mailto:[email protected]

tax planning through investments

Documents