Friday, 13 November 2020

Finance Minister announces Diwali bonanza for developers and new home buyers

 


 

Relevant provisions of Income-tax laws (ITL):

 

·         Where any person has received consideration for transfer of an immovable property[1], being land or building or both, and such consideration is less than the value[2] adopted or assessed by authorities for the purpose of stamp duty, for computing profits and gains on transfer, the value adopted by the authorities is deemed to be the consideration (deemed consideration provision).

However, in case where the difference between the value adopted or assessed for the purpose of stamp duty and actual consideration does not exceed 10% (tolerance limit) of the actual consideration, the deemed consideration provision is not applicable.

·         Where any person has received any immovable property, being land or building or both, for a consideration and such consideration is less than the value adopted or assessed by the authorities for the purpose of stamp duty, such difference is considered as income of the person (gift tax provision).

However, in case where the difference between the value adopted or assessed for the purpose of stamp duty and actual consideration discharged does not exceed 10% (tolerance limit) of actual consideration, gift tax provision is not applicable.

Relief granted by the Union Finance Minister in press conference dated 12 November 2020:

  

·         It has been acknowledged that the economic slowdown has led to a decline in the prices of residential units and this fall  is in excess of the tolerance limit.

·         In order to (i) boost the demand for the struggling residential real estate sector, (ii) allow the developers to sell their unsold inventory and (iii) reduce the hardships faced by the home buyers/developers and  for the revival of the real estate sector, reliefs have been  granted under the ITL  by increasing the tolerance limit from 10% to 20% in applying the deemed consideration provision and gift tax provision.

·         Relief is granted only to primary sale of residential units of value up to INR 20m between the period 12 November 2020 to 30 June 2021.

It has been clarified that suitable amendments will be carried out in the ITL in due course

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