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Syed Chennai (student)     02 November 2016

Property sale transaction

If a person sells his property, can his wife receive the money directly in her account?

can a new property be bought with this money from his wife account, but in the above person name?

can the new property be bought in his wife's name itself?

what are the capital gains tax and IT implications in the above 3 cases?



Learning

 1 Replies

Ms.Usha Kapoor (CEO)     03 November 2016

If your husbansd gives directions to the seller  to deposit  the sale porceedsin your account your account would be credited with the sale proceeds. If both of you've a Joint account also  if he sells property  the saleproceeds can get deposited in you rJt account.If you appreciates this answer please click the thank you button on this  forum.

case no2: if  the new property is bought ourt of the sale proceeds in wifes bank account and bought a new proeprty in his name it will be his absolute property  from wife's account and purchases  property in his name, he will be absolute ownerof this property AND UNLESS HE INVESTS THIS AMOUNT DEPENDING ON TH E 3YEARS HOLDING PERIOD IF HE HOLDS FOR LESS THAN  3YEARS  HE WOULD BE LIABLE TO SHORT TERM CAPITAL GANS TAX  OR IF HE HOLD I TFOR 3 YEARS OR MORE WOULD BE LIABLE TO LONG TERM   CPAITALGAINS TAX UNES HE INVESTS  THET MONEY FROM WIFE'S ACCOUNT WITHDRWAL IN PURCHASE OF  PROEPRTY FOR SLEF OCCUPTION OR BONDS ,CAPITAL GAINS SCHEME ETC.UNDER SECTION 54. yOUR HUSBAND AND YOU WIFE BY GIFTING HIS PROPERTY  TO YOU EITHER IN CASH O RKIND CAN EVADE CAPITAL GAINS TAX AND ALSO  GET COMPLETE EXEMPTION OF  GIFTTAX FOR BOTH THE DONOR AND DONEE BY VIRTUE OF A REGISTERED GIFT DEED.

     Case No.3:        If   out of withdrawn sale proceeds from his wife's bank account property is bought in  wife's name she is the absolute owner and this wIll BE added to her total income and taxed as income from other sources unless she is  a house wife ansd have no othe rsources of income.

Case No.!: This is also like case no. 3  when that person/husband sells  property and  deposits in the wife'sbank account  and withdraws the sale proceeds   to buy new property with that money she will  be liable to tax as this income is  added to her total income. If you are  a house wife and no oher source of income you may not be liable to pay any tax at all. If you've other sources of incomwMovable and immovavble properties etc Out of withdrawing your money frpom your bank account he purchases  property in you rname with out gifting you will be charged to incometax under income from Hous property if you alreadyhave other houses.

 

 

 

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