Capital Gain - date of transfer of land or building under a specified agreement (e.f. Joint Development Agreement (JDA)) - method of valuation in such cases - Budget 2017-18 w.e.f. AY 2018-19
3 February, 2017
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Capital gains timing under specified development agreements: tax charged when project completion certificate is issued, using stamp duty value. Section 45 is amended by inserting section 45(5A) to tax capital gains of individuals and HUFs from transfers of land or building under specified ... Summary
Capital gains timing under specified development agreements: tax charged when project completion certificate is issued, using stamp duty value.
Section 45 is amended by inserting section 45(5A) to tax capital gains of individuals and HUFs from transfers of land or building under specified agreements in the previous year when the competent authority issues the project completion certificate; the stamp duty value of the assessee's share on that date, increased by any cash consideration, is deemed the full value of consideration. If the assessee transfers the share on or before that certificate date, capital gains are taxable in the year of that transfer and general provisions (excluding section 45(5A)) apply to determine full value. The amendment defines key terms and takes effect from 1 April 2018.
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