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Issue ID: 3467
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long term capital gain on selling office

Date 30 Sep 2011
Replies 2 Replies
Views 1413 Views
Asked by
Fair market value and cost of acquisition determine long term capital gains treatment on inherited property sales.
Establish Fair Market Value as of the base year via a registered valuer or registrar records; use a valuer's certification to substantiate historical construction where receipts are absent. Capital items like electrification and boundary walls form part of cost of construction; cleaner charges are revenue in nature. Contributors differ on transactional expenses: one excludes lawyer fees, court costs and airfare from cost of acquisition, another includes them. (AI Summary)

The land was inherited by this person before 1981.

Where should he obtain FMV as of 1981 of the plot?

He constructed a very small one-story office during 1981-82.  He does not have any receipt of the construction.  What should he do to prove the construction? 

What aspects of maintenance would count, if any? He installed electricity, hired a cleaner, built boundary etc.

He had to fight in court for years to claim his inheritance - Will lawyer fees etc. count as cost of acquisition?

He lives in US, and he had to fly twice to India to settle the deal. Does the airfare count as expenditure?

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