Help me calculate my tax burden from property

Suppose I bought a piece of land on 01st January, 2024 at 100L

On 1st February 2024, I give the land for development to a builder.

In return, I get -

  1. 30L from the builder on 1st February, 2024.
  2. 10 Flats from the project when it is completed.

Suppose, I am handed over the flats 4 years later on 1st February, 2028.

The builder sells the other flats from the project at 40L each.

I do not plan to sell my 10 flats and rather hold them.

What will be my tax burden?

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@Quicko can you.

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The above case falls u/s 45(5A) OF IT act as you don’t intend to sell your share in the project on or before issue of completion certificate.
More information is required to correctly assess the tax liability, mostly importantly amongst others, stamp duty value on the date of issue of completion certificate is required to compute full value of consideration and thereafter tax liability can be computed. There are many considerations to be taken into account to tax efficiently structure a transaction like yours.

Please consult a practicing chartered accountant to efficiently structure the transaction.

Hope it helps

CA Himanshu Dubey

After 4 years if the consideration or market value of each flat is say 60 lacs then you notionally get 600 lacs in the shape of these flats. You had earlier got 30 lacs from the builder. So from a simplified perspective your capital gain becomes 30 + 600 - 100 = 530 lacs.
This would be taxable as per the prevailing tax rates for long term capital gain. Not sure whether you would get any indexation benefit. :smiling_face:

Hey @lizrojer,

In such a case, the capital gain arising from the transfer of a capital asset, under a specified agreement, the capital gains shall be chargeable to income tax as income of the previous year in which the certificate of completion for the whole or part of the project is issued by the competent authority, in your case, the builder.

Hope this helps!