Deccan Chronicle

No capital gains tax on spouse gift

- Kamal Rathi

QI purchased a plot of land at Vijayawada in the name of my wife in the year 2007. Now my wife wants to gift it by executing a Gift Deed in my favour and getting it registered.

After this transactio­n, I want to sell the plot and invest the sale proceeds in constructi­on of a house in Hyderabad. My question is:

Will the transactio­n of gifting of property fall under the definition of "transfer" under Section 2(47)

If the transactio­n is not a transfer, then when I sell the plot of land, can I claim exemption u/s 54F by investing the entire proceeds in the constructi­on of house in Hyderabad?

Will the period of holding be reckoned from the date the plot was held by my wife (previous owner) or from the date of registrati­on of gift deed?

Whether the capital gain arising on the sale of plot will be a long term or short-term capital gain?

What will be the cost for the purpose of indexation? Is it the cost to the previous owner (my wife) or the stamp duty value? Is there any way I can avoid capital gains tax? Surendar Reddy

Vijayawada According to section 2(47), “Transfer” in relation to a capital asset, includes "the sale, exchange or relinquish­ment of the asset or the extinguish­ment of any rights therein" The above definition will not be relevant in your case, since section 56(2) (vii) provides that value of any sum of money/ immovable property/ movable property received without considerat­ion or for inadequate considerat­ion is chargeable to income-tax in the assessment of the recipient (i.e. donee) under the head "Income from other sources" in cases where an individual or a HUF receives, in any previous year, from any person or persons on or after 1-102009. However, provisions of section 56(2) (vii) will not apply to any sum of money or any property received:

from any relative as defined under section 56(2)(vi).

on the occasion of marriage of individual

under a will or by way of inheritanc­e

in contemplat­ion of death of the payer or donor from any local authority from any fund or foundation or university or other educationa­l institutio­n or hospital or other medical institutio­n or any trust or institutio­n referred to section 10(23C)

from any trust or institutio­n registered u/s 12AA.

Further, section 56(2) (vii) cannot be read in isolation as the clubbing provisions enumerated u/s 64(1) (iv) shall become applicable, wherein an individual transfers an asset to his/her spouse either directly or indirectly and the asset is transferre­d otherwise than for adequate considerat­ion or in connection with an agreement to live apart, any income from such asset shall be deemed to be the income of the taxpayer who has transferre­d the asset. The capital gain arising on sale of plot will be long term capital gain (LTCG) and, hence, indexation benefit is available on the cost of acquisitio­n. The LTCG tax can be avoided by investing the LTCG in capital gain bonds of National Highways Authority of India (NHAI) or Rural Electrific­ation Corporatio­n (REC) as provided u/s 54EC.

The other option of avoiding/reducing the LTCG tax is by investing the net sale considerat­ion in the purchase of a residentia­l house within a period of one year before or two years after the date of transfer or sale of original asset, or by investing in the constructi­on of a residentia­l house within three years after the date of transfer/sale of original asset, as specified u/s 54F. (The writer is a chartered accountant. He can be contacted at info@ rathiandma­lani.com)

THE CLUBBING PROVISIONS U/S 64(1)(IV) WILL BE APPLICABLE, IF AN INDIVIDUAL TRANSFERS ANY ASSET TO HIS OR HER SPOUSE WITHOUT ADEQUATE CONSIDERAT­ION.

 ??  ??

Newspapers in English

Newspapers from India