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A Short but Impactful Budget

Author: AN Shanbhag Sandeep Shanbhag/Wednesday, February 6, 2019/Categories: Income Tax

A Short but Impactful Budget

Budget 2019 being an Interim Budget was supposed to be only a vote-on-account. However, it being an election year, certain populist measures being brought in through the budget window was but inevitable. However, at the end of the day, it must be said that save for the increase in the tax exemption to Rs 5 lakh, the other direct tax reforms undertaken are rather well thought out and will beneficially impact our financial affairs over the long-term.

As stated earlier, the obvious big bang amendment of Budget 2019 is the raising of the basic exemption limit to Rs 5 lakh. Scores of middle income earning taxpayers will get a relief. But this does not really benefit those in the higher tax brackets as the tax rates etc. are still the same.

However, the more far reaching measures of Budget 2019 are with respect to real estate, particularly, income from house property.

There can be only two kinds of incomes related to property – rental income and capital gains when property is sold.

The basis of calculating income from house property is the rental value. This is the inherent capacity of the property to earn income. Now, property income is perhaps the only income that is charged to tax on a notional basis. This charge is not because of the receipt of any income per se, but is on the inherent potential of the house property to generate income.

The first property that you buy is exempt from income tax. The latter scenario may arise if someone resides at a rented place (due to proximity to office or place of business maybe) or if one stays with one's parents etc. but yet purchased the property as an investment.

The second property onwards, even if it had been kept under lock and key, a notional rent value based on the market rental value had to be adopted as your notional income from the second property

To put it differently, even if one earns no income whatsoever from the second property, it was taxable as if it had been put on rent.

Now Budget 2019 has brought in the benefits of nil tax hitherto available to only one property to any two properties owned by the taxpayer.

For capital gains, Sec. 54 of the Income Tax Act offers exemption from payment of long term capital gains tax on sale of a residential house if the amount of long-term capital gains is invested within a period of two years (three years in case of construction) in another residential house.

Budget 2019 provides that where the amount of the capital gain does not exceed Rs 2 crore, the taxpayer will have the option to purchase or construct two residential houses in India (instead of being limited to the erstwhile one house). Also, this benefit of having the facility of reinvesting the capital gain in two houses instead of one will be only available for any one transaction in the lifetime of the taxpayer i.e. once for a particular stream of long term capital gain income, deduction has been availed of by investing in two residential houses, the same cannot be done again in the entire lifetime of the taxpayer.

From a first reading of the fine print it seems that the abovementioned facility of being able to invest in two houses has been made available to only to Sec. 54 and not to Sec. 54F. Sec. 54F offers similar exemption from tax on long-term gains earned from an asset other than a residential house. In other words, if any asset that is not a residential house viz. land, commercial property, gold etc. is sold and the net consideration is invested (within two or three years as the case may be) in a residential house, then the long term capital gains would be tax-free under Sec. 54F. These provisions haven't been changed in Budget 2019 i.e the tax deduction is still applicable with respect to one residential house only.

The authors may be contacted at wonderlandconsultants@yahoo.com

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AN Shanbhag Sandeep Shanbhag
AN Shanbhag Sandeep Shanbhag

AN Shanbhag Sandeep Shanbhag

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1 comments on article "A Short but Impactful Budget"

K Jose Mathew

2/12/2019 11:12 PM

When an All India Franchise( Election) for PARLIAMENT is at the corner only a vote on A/c should be there , because if a different party come to power , they can change all these things . But I like these Tax concessions if it is untouched by the new Government

K Jose Mathew

Date 12/02/19 HYDERABAD

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