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Harsh (Manager)     21 May 2013

Property tax on gifted asset

A person (A) holds a property long term, (let us say 7 years) and gifts it to someone else (B).  If B sells the property

in short term (meaning short term capital gains), what capital gains/tax does it attract? Long term or short term?



Learning

 2 Replies

Dhruvi N suthar (Account Head)     24 May 2013

If A sell proprty without consideration or an agreement live apart than it will be taxable in the hands of the transferer i.e.in the hands of A. otherwise it will be taxable in the hands of B.

B sell the proprty within a period of short time or long time than it will be taxable in the hands of B only.

or even if he earns income out of which than it will be taxable in the hands of B only.

Harsh (Manager)     27 May 2013

@Dhruv

thanks, a bit difficult to understand

So now that A has gifted his long term property to B, A has no rights on it whatsoever so he cant sell.

B is planning to sell it (say within 2 years), so B will incur short term capital gain (tax) correct? Fact that B got it as a gift (zero consideration/cost) and hence effectively the property was SOLD after a long term hold doesnt matter? Pls clarify.

thanks

Harsh


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