Selling assets? Assume a letter from the profits tax department

When you promote a property next time, Expect a letter from the profits-Tax (I-T) department asking you to explain Why you received it and the supply of price range. This could be one of the methods the authorities ought to 0 in to become asset holders. Attorneys say that earlier, it changed into typical practice by using the department to call shoppers to explain resources of the price range on every occasion a person purchased a residence. It’s possible; the branch can now name dealers, too.

After the Profits Assertion Scheme (IDS), 2016, demonetization, and any other threats to black money hoarders to deposit coins and pay the penalty, the authorities are expected to head after human beings with many residences. In a speech in Goa on November 13, Top Minister Narendra Modi said that dwellings are subsequent on his radar to get rid of corruption and black cash.

Be careful when assisting relatives.

A became belongings method belongings are held by way of someone. However, the consideration for these has been paid by every other. There are, but exceptions. You could pay for belongings inside the call of your spouse or kids. But, you cannot pay for a property to be the name of your siblings, dad, mom, or some other lineal ascendant or descendant until you’re a joint proprietor. That applies even if the cash is valid. But, there is a manner out. Tax specialists say an individual can purchase the belongings in his call and later gift them to a close relative.

It will likely be more highly-priced because the man or woman will want to transfer the possession thru a present deed and pay stamp obligation. If the assets are held by a ‘Karta of a Hindu Undivided Circle of relatives and individuals with fiduciary responsibility, including trustees, executors, companions, administrators of corporations, and others, the asset will not be considered.


Beneath the Benami Transaction (Prohibition) Act, ‘property’ has been defined comprehensively to encompass now not most effective immovable property inclusive of land, flat, or residence. However, additionally movable property along with gold, stocks, mutual fund holdings, and financial institution deposits. One enormous change is that it covers the assets’ conversion, which is no longer included in the vintage regulation. If the property is bought, its proceeds are also considered Benami.

The authorities know that real estate is the biggest place where many channel their black money. That is executed through the usage of diverse techniques. Assets are offered in the name of close loved ones or even servants or drivers to avoid detection through tax authorities. “Usually, individuals with black cash purchase huge tracts of land that may be advanced inside the destiny, or they purchase excessive-end properties,” says Amit Oberoi, national director of information systems at Colliers International (India). Even as there’s no precise parent on the quantity of Benami transactions, professionals sense that it might be 25-30 percent of all excessive-cease belongings sales. In the case of land, it can be better.

The government has taken many projects to tighten the screws on such transactions and is sitting on a huge facts repository. Explains Neha Malhotra, govt director at Nangia & Co: The Centre has revised norms making it mandatory for a man or woman to cite the permanent account range (PAN) on numerous high-fee transactions, economic establishments requires annual records filing, and property registration has been made more stringent. There may also be monetary facts sharing treaties with different nations. “It’s hard for massive transactions to move omitted,” says Malhotra. The branch will quickly be scanning people’s social media posts. That’s part of the I-T branch’s Venture Perception program.

Based totally on the records and statistics to be had, the government can mine high-fee transactions. Think a person has bought assets rerth Rs five crore in his servant’s name a,nd this belonging reishortlisted in the search. The tax authorities will then look at the ‘ben amid ar’s’ (servant’s) earnings resources to examine whether or not he can come up with the money for one of these buys. Once that opportunity is dominated, they’ll get down to discover the real owner.