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Raj (Personal)     07 May 2011

Buyer paying above guideline/registered value to seller

Lets say a house is worth 30 Lacs when purchased and now its 40 Lacs as per registrar guideline value in Chennai, Tamil Nadu. Its my understanding that a buyer cannot quote less than the given guideline value while affecting a sale deed for that property. In this case the sale deed price must be or be above 40 Lacs for purpose of computing the stamp duty (8%+1%).

Now if the buyer and seller are willing to do the transaction at "market" price of say Rs. 70 Lacs, but registrar refuses to accept the value above guideline value (this is common even though its beneficial to the government taxwise), then can the buyer pay a cheque for sale deed value (40 Lacs) and the difference (70-40) as an another cheque to the seller and seller can declare it as income (70-40=30 Lacs) and capital gains (40-30=10 Lacs) in the tax return ?



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 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 May 2011

Yes he can. there is no problem.

Hardeep (Business)     11 May 2011

Just my thoughts

- If you do the transaction as above you may suffer on the Tax front since you will pay full tax ( 30 % plus ) on the 30 lacs income  plus the Capital Gains Tax ( indexation adjusted ) on the 10 lacs of capital gain.

- On the other hand, if case property is sold  and sales deed registered at full  value of 70 lacs, then you end up paying capital Gains tax on 40 lacs, duly adjusted for indexation. You may save still further by buying Capital gains Bonds ( Section 54 ).

- There is no law - as far as I know - under which the Registrar can deny registeration above the mimimum guideline value. indeed as you say he should be happy since the government gets more stamp duty. 

 


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