I was gift deeded a property by my Uncle this year which he had inherited from his parents. The property was purchased by his parents in the 1950's. If I want to sell the property this year, can I qualify for LTCG and lower TDS.
First of all this video needs to be updated in view of recent changes that came with regard to abolishment of Indexation valuation of cost basis. The timing of this video is around the time the budget eliminated the Indexation. People viewing this please make a note of it that Indexation was eliminated sometime in July 2024. So if you are contemplating selling any assets in India like property, stocks, MFs remember that for tax calculations your cost basis will not allow Indexation.
It doesn't have to be so complicated. People have to go through so much struggle even to pay taxes. May be that is why millinials are leaving India in big numbers.
If a property is bought by a parent / Alloted by Govt in 1995 and transfered to a child in 2024. Is tat considered as a sales in 2024 - for Short term tax?. Or since it a 'will based transfer' original date of 1995 is considered (and so Long term gain calculation)?
I am planning to buy property from a seller who currently resides in Canada. The owner of the property is a mother and has travelled to stay with her daughter on travel visa and not for an employment. She is in Canada for over 8 months in current financial year. Will owner be defined as NRI or resident indian? The TDS deduction should be 1% or 20% ? The property falls under long-term capital gain.
Dear Sir, The same is on the Capital Gain Tax + Surcharge Amount and not on the Sale Price. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Dear Sir, The important point is that, the TDS needs to be deposited before the registry without regard from whose bank account the same is paid. Ideal situation, buyer should pay but not mandatory. Thank You Team FMR
could you please clarify ,an OCI card holder with UK passport living in India for past5 years be considered a resident Indian or NRI ? Is there a requirement for a continuous stay of a particular period to retain or lose a certain status ?
I have one property in Kolkata, which I inherited from my father. The property was built more than 50 years back on a land received as a gift by my father from my grandmother. I do not have any acquisition cost of this property. How do I calculate capital gains.
Dear Sir, You will need to connect with us over the contact details provided in the Video or Description of this Video and we shall be able to help you with that. Thank You Team FMR
Dear Sir, The surcharge will be applicable on the Capital Gain Tax Amount. Surcharge % is decided basis the Sales Value of the property. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Dear Sir, No Educational Cess is applicable to both Resident Indians and NRIs. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Sir, what will be the date of purchase of the under construction property for applicable Capital Gain Slab if registration is not done yet. Would it be considered from date of registration or original date of purchase or allotment date? Pls help to clarify.
Dear Sir, Indexation will be done basis the date of each payment made. Registration is not mandatory for sale of any property. You can connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Dear Sir, Yes you would need to apply for Two separate Lower TDS certificates. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Hello sir, if I am an NRI living in USA, there is a treaty between India and USA that I will have to pay taxes in USA. Does that mean I can get refund or have no taxes deducted in India since I am getting taxed in USA itself. How do I avoid double taxation in this case?
If I invest my property capital gains in India either in another residential property or government infrastructure bonds, I don't get charged for the capital gains tax. But when I file my taxes in USA, can I still be eligible for NO CAPITAL GAINS TAX ??
Dear Sir, With USA, the rules are different and DTAA provisions apply differently. So Capital Gains may be taxable, but you shall have to connect with your Local Tax Return preparer for specific inputs. Thank You Team FMR
Dear Sir, You can chose not to repatriate the money and may invest in whatever manner you want. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Sir.. I am an NRI & have plans to sell my property in India. Please clarify whether the Agreement to Sell Property should be Registered. If the agreement could be signed by the Seller and Buyer in plain White Paper is that valid? Will Income Tax department accept that?
Dear Sir, The property is not required to be registered for executing an Agreement to Sell. You will need to connect with us over the contact details provided in the Video or Description of this Video and we shall be able to help you with that. Thank You Team FMR
Sir- I am an NRI and last year I sold my property and a 23% TDS was deducted. I have to recover the amount this year and have to file my ITR. My CA has done the calculation. My quetion is - can I buy some Capital Gain Bonds to reduce my capital gain Tax , after one year of the sale of the property. My CA says there is a 6 month period, now it is too late.
Dear Sir, Your CA is right. But you can still explore the option to buy another property for the Capital Gain amount, subject to you fulfilling certain pre-conditions. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
@@filemyreturnofficial - Yes there is a 6 month time limit for the purchase of 50L worth REC bonds that pays about 5.5% or so, and you have to hold for 5 yrs. Consider it a blessing that you missed out on that because Inflation will eat the 5.5% interest you get on it. Since you mentioned you are an NRI (not sure which country), if you are a NRI citizen of USA, with regard to foreign held property, the IRS rules DOES NOT allow avoiding the LTCG tax by way of reinvesting in another prop in India. YOU WILL HAVE TO DECLARE THE SALE AND PAY THE NECESSARY CAP GAIN TAX in US. The only way to avoid the CG (up to $250K) is that the property in India you sold was your PRIMARY residence for 2 yrs in the last 5 year period. India may allow you to reinvest the gain and avoid the cap Gain but you will still have to pay the CG tax in US. On the contrary if you didn't re-invest you will pay the CG tax in India, and can claim the credit by filing Form 1116. My personal opinion is if you have a CG in India on property sales, pay the tax in India, claim it back in US by filing form 1116 and reporting the credit on Line 20 on your 1040. If you are a NRI of a country other than US, you have to check their local tax rules. Hope this helps.
Sir, Any video on NRIs LTCG exemption in India stock market do UAE based NRIs may get exemption of 1 lakh on long term capital gain exemption on equity MFs gain same like indian resident ? 2. Do an NRI may get tax exemption of Rs 3 lakh in india income tax under new tax regiem ? Any video on this can be helful for Dubai based NRIs Thanks Ramzan
Dear Sir, You may connect with us on the contact details provided for any of your unaddressed queries, we shall glad to address them. Thank You Team FMR
Dear Sir, This is an incorrect interpretation, the 24% is the withholding tax (TDS) which NRI can claim as a refund while filing his ITR. The Long Term Capital Gain amount shall be taxed at 20% which is lower than most other countries. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Sir.. I am an NRI & have plans to sell my property in India. Please clarify whether the Agreement to Sell Property should be Registered. If the agreement could be signed by the Seller and Buyer in plain White Paper is that valid? Will Income Tax department accept that?
Dear Sir, The property is not required to be registered for executing an Agreement to Sell. You will need to connect with us over the contact details provided in the Video or Description of this Video and we shall be able to help you with that. Thank You Team FMR
I was gift deeded a property by my Uncle this year which he had inherited from his parents. The property was purchased by his parents in the 1950's. If I want to sell the property this year, can I qualify for LTCG and lower TDS.
First of all this video needs to be updated in view of recent changes that came with regard to abolishment of Indexation valuation of cost basis. The timing of this video is around the time the budget eliminated the Indexation. People viewing this please make a note of it that Indexation was eliminated sometime in July 2024. So if you are contemplating selling any assets in India like property, stocks, MFs remember that for tax calculations your cost basis will not allow Indexation.
What would be tax implications if the property is sold before registration? Does the same rules apply ?
It doesn't have to be so complicated. People have to go through so much struggle even to pay taxes. May be that is why millinials are leaving India in big numbers.
very useful information
If a property is bought by a parent / Alloted by Govt in 1995 and transfered to a child in 2024. Is tat considered as a sales in 2024 - for Short term tax?. Or since it a 'will based transfer' original date of 1995 is considered (and so Long term gain calculation)?
I am planning to buy property from a seller who currently resides in Canada. The owner of the property is a mother and has travelled to stay with her daughter on travel visa and not for an employment. She is in Canada for over 8 months in current financial year. Will owner be defined as NRI or resident indian? The TDS deduction should be 1% or 20% ? The property falls under long-term capital gain.
Budget 2024, indexation benefit is removed......
Yes , I have done it recently 😊
Is educational cess charge of 4% on total value of sales price
Dear Sir, The same is on the Capital Gain Tax + Surcharge Amount and not on the Sale Price. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Can the buyer transfer the TDS amount to seller and seller then pays the TDS on sale of property instead of the buyer
Dear Sir,
The important point is that, the TDS needs to be deposited before the registry without regard from whose bank account the same is paid. Ideal situation, buyer should pay but not mandatory.
Thank You
Team FMR
could you please clarify ,an OCI card holder with UK passport living in India for past5 years be considered a resident Indian or NRI ? Is there a requirement for a continuous stay of a particular period to retain or lose a certain status ?
I have one property in Kolkata, which I inherited from my father. The property was built more than 50 years back on a land received as a gift by my father from my grandmother. I do not have any acquisition cost of this property. How do I calculate capital gains.
Dear Sir, You will need to connect with us over the contact details provided in the Video or Description of this Video and we shall be able to help you with that. Thank You Team FMR
Telangana is messed-up with Reddy Congress which has no interest of Telangana development. We are missing KCR vision and leadership.
Is the 10% ,15% surcharge on the total sales value of the property or is it on capital gains.
Dear Sir, The surcharge will be applicable on the Capital Gain Tax Amount. Surcharge % is decided basis the Sales Value of the property. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Is educational cess only applicable to NRIs
Dear Sir, No Educational Cess is applicable to both Resident Indians and NRIs. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Do you have operations in bangalore
Sir, what will be the date of purchase of the under construction property for applicable Capital Gain Slab if registration is not done yet. Would it be considered from date of registration or original date of purchase or allotment date? Pls help to clarify.
Dear Sir, Indexation will be done basis the date of each payment made. Registration is not mandatory for sale of any property. You can connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Sir… if the property is jointly owned by the husband and wife, should we apply for TWO LTDS certificates from the Income Tax Department?
Dear Sir, Yes you would need to apply for Two separate Lower TDS certificates. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Hello sir, if I am an NRI living in USA, there is a treaty between India and USA that I will have to pay taxes in USA. Does that mean I can get refund or have no taxes deducted in India since I am getting taxed in USA itself. How do I avoid double taxation in this case?
There are detailed videos on double tax avoidance- DTAA on this channel . Please search for the video and be guided
If I invest my property capital gains in India either in another residential property or government infrastructure bonds, I don't get charged for the capital gains tax. But when I file my taxes in USA, can I still be eligible for NO CAPITAL GAINS TAX ??
Dear Sir, With USA, the rules are different and DTAA provisions apply differently. So Capital Gains may be taxable, but you shall have to connect with your Local Tax Return preparer for specific inputs. Thank You Team FMR
What about seafarers NRI .. who is not taking this money anywhere outside india
What happpens if I do not repatriate the money from sale of property and invest in Indian caiptal market ?
Dear Sir, You can chose not to repatriate the money and may invest in whatever manner you want. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Do I have to buy the property in India or I can buy it overseas to offset the long term capital gains?
No country allows offset based on a different country.
Dear Sir, You will have to purchase property in India only for any offset and not overseas. Thank You Team FMR
Sir.. I am an NRI & have plans to sell my property in India. Please clarify whether the Agreement to Sell Property should be Registered. If the agreement could be signed by the Seller and Buyer in plain White Paper is that valid? Will Income Tax department accept that?
Dear Sir, The property is not required to be registered for executing an Agreement to Sell. You will need to connect with us over the contact details provided in the Video or Description of this Video and we shall be able to help you with that. Thank You Team FMR
Sir- I am an NRI and last year I sold my property and a 23% TDS was deducted. I have to recover the amount this year and have to file my ITR. My CA has done the calculation. My quetion is - can I buy some Capital Gain Bonds to reduce my capital gain Tax , after one year of the sale of the property. My CA says there is a 6 month period, now it is too late.
Dear Sir, Your CA is right. But you can still explore the option to buy another property for the Capital Gain amount, subject to you fulfilling certain pre-conditions. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
@@filemyreturnofficial - Yes there is a 6 month time limit for the purchase of 50L worth REC bonds that pays about 5.5% or so, and you have to hold for 5 yrs. Consider it a blessing that you missed out on that because Inflation will eat the 5.5% interest you get on it.
Since you mentioned you are an NRI (not sure which country), if you are a NRI citizen of USA, with regard to foreign held property, the IRS rules DOES NOT allow avoiding the LTCG tax by way of reinvesting in another prop in India. YOU WILL HAVE TO DECLARE THE SALE AND PAY THE NECESSARY CAP GAIN TAX in US. The only way to avoid the CG (up to $250K) is that the property in India you sold was your PRIMARY residence for 2 yrs in the last 5 year period. India may allow you to reinvest the gain and avoid the cap Gain but you will still have to pay the CG tax in US. On the contrary if you didn't re-invest you will pay the CG tax in India, and can claim the credit by filing Form 1116. My personal opinion is if you have a CG in India on property sales, pay the tax in India, claim it back in US by filing form 1116 and reporting the credit on Line 20 on your 1040. If you are a NRI of a country other than US, you have to check their local tax rules. Hope this helps.
Sir,
Any video on NRIs LTCG exemption in India stock market do UAE based NRIs may get exemption of 1 lakh on long term capital gain exemption on equity MFs gain same like indian resident ?
2. Do an NRI may get tax exemption of Rs 3 lakh in india income tax under new tax regiem ?
Any video on this can be helful for Dubai based NRIs
Thanks
Ramzan
No more indexation in the new budget
Can I (NRI)gift property to father who is citizen of India who is also co-owner of property.
Is the surcharge only applicable to NRIs
Dear Sir, No it is applicable to Resident Indian as well. Thank You Team FMR
Too confusing explanation
Dear Sir,
You may connect with us on the contact details provided for any of your unaddressed queries, we shall glad to address them.
Thank You
Team FMR
No NRI should invest in india. 25 % tax rate is unreasonable.
All Thanks to Viswaguru PM who does tax terrorism... Working class NRIS hardearned money is been looted and giving to corporates like adani
What about the tax outside.. Is it 20 -40%
Dear Sir, This is an incorrect interpretation, the 24% is the withholding tax (TDS) which NRI can claim as a refund while filing his ITR. The Long Term Capital Gain amount shall be taxed at 20% which is lower than most other countries. For more information, kindly connect with us over the contact details provided in the Video or Description of this Video. Thank You Team FMR
Thanks for clarifying. How would capital gains tax apply if the immovable property is sold or handed over to a residing family member e.g. mother.
@filemyreturnofficial In USA, long term cap gains taxed at 15%. Hold the property atleast for 1 year.
Sir.. I am an NRI & have plans to sell my property in India. Please clarify whether the Agreement to Sell Property should be Registered. If the agreement could be signed by the Seller and Buyer in plain White Paper is that valid? Will Income Tax department accept that?
no. must be digital signature
Dear Sir, The property is not required to be registered for executing an Agreement to Sell. You will need to connect with us over the contact details provided in the Video or Description of this Video and we shall be able to help you with that. Thank You Team FMR