Real Estate Purchase, Sale, Taxation, Capital Gains, Reinvestment

1.            Purchase of Property. Once you book a property with a Developer / Builder, it is deemed as acquisition. When you sell your real estate for a profit, you have to pay capital gains tax on the profit earned. The capital gains tax could be Sort Term Capital Gain (held for less than 3 years) OR Long Term Capital Gain (held for 3 years or more). In case of ancestral property, date of initial acquisition is taken.

2.            Short Term Capital Gains (STCG). In case the property is held for less than 3 years, you pay tax on the profit as per your Tax slab. It is deemed as normal income like salary.

3.            Long Term Capital Gain (LTCG). In case you sell after 3 years, it is Long Term Capital Gain, taxed at 20%.

4.            Indexation. To cater for inflation, Indexation is done. So, if a property was bought in 2000, for Rs 10 lac & sold in 2013 for Rs 30 lac, the taxation will be as below:

Cost of property                                              10, 00, 000

Year of property purchase                                          2000

Selling price                                                    50, 00, 000

Year of sale                                                     2013

Cost inflation index (CII) in year 2000             389

Cost inflation index (CII) in year 2013             852

Indexed purchase price                                  =          (2000000 x 852)/ 389 = 43,80,462

Capital gain                                                     50,00,000- 43,80,462 = 619537

Tax (20% of Capital gain)                                   123,907

5.         Date for Taxation / Tax Exemption.

          A capital asset means property of any kind. A right to obtain conveyance of immovable property is "property". Hence, if the booking agreement and allotment terms and conditions of the builder gave a right to obtain conveyance on the said property, the property after fulfilling certain conditions, that itself becomes "an asset" under the Income-tax Act. The issue which arises w.r.t. transfer of rights in the property under construction as well as in case of transfer of property (after taking the possession) is - whether the gain on transfer is short-term or long-term?
The date which decides the nature of capital gain is “The date of acquisition" In this regard, there can be various views. To qualify the investment in case of builder flats, the date is the date of allotment of the residential flat and the payment of installment is a follow up action. However, you will need to pay Service Tax on 25% of the Cost of flat. In case of ready to move in Flats, the Registration date is taken into account.

6.       Cost of Property. The cost of property includes Brokerage paid, cost of improvement etc, which is also Indexed. So if you paid 1% as brokerage, say 20000/ & spent 3 lac on house improvement over 3 years, these could be included in COST & reduced from profits (duly indexed).

7.       Saving Tax. If you reinvest the accrued amount in ONE Residential property of equal or greater value, or in Govt Specified Bonds, the tax could be saved.

8.       Guidance. You could go to my blog https://www.blogger.com/blogger.g?blogID=1402354733683241338#editor/src=sidebar         Or contact Biraj@colonelzinfracon.com; 9818744711, for specific advice. We don’t charge for routine advice. Costs, if any, depend on the case. 

Rail Freight Corridor OR Passenger Corridor

Should Railways have Freight Corridor OR Passenger Corridor – Food for Thought.

There has been a lot of positive development on Upgrading the Railways.

The current Passenger Train tracks are severely & adversely affected by Speed Limits due to their Quality & vintage. Repairs / up gradation may cost as much as laying new tracks.

The existing Railway Stations are also constrained for space, accessibility, parking space and are quite unorganised.

Is there a requirement of having a complete new set up of Train lines, maybe spread over a period of 10-15 years, wherein the existing Routes & Stations gradually get replaced by freshly laid next generation tracks, with State of the art Stations coming up. PPP is good option. If DLF can lay Mono Rail, what is wrong in Pvt players in Railways?

The existing lines could be used for Freight, with Freight Stations being developed close to the Bigger / existing Towns / Cities. Imagine the Infrastructure & Job Creation, as also effect on GDP by efficiently speeding up transportation.

If we can have completely new airports at fresh locations, in major cities like Hyderabad & Bangalore, why can’t we have new Railway Stations? It is neither too difficult nor impossible.

A small country like Nigeria shifted its Capital, we can surely take this on.

Buying a House?

One is often pained to meet unsuspecting Friends (specially Faujis), taken for a ride by some Builder or the other incl some very High ranking people. Some of the Basic principles you MUST follow;

·                     In Money matters, NO Friends. Its business & NOT Charity. NO FAITH, just go by BLACK & WHITE.

·                     Not all that shown in the Brochures are true, as they are in 2 dimension & virtual, whereas the promise is in 3 dimension & Real.

·                     Seeing is believing, so see the Proposed Sight, Property papers, Land registration, Govt clearances etc.

·                     MUST visit at least two properties made by the Builder, interact with the Resident users & you will come to know of the Truth.

·                     Read Complain Forums of the Builder before buying. Check No of cases pending against the builder. I know of a Builder Promising Moon, but having more than 200 litigations- none from the moon.

Anyone needing help in my friend Circle, pl feel free to contact. Its Your money, don’t donate to a Cheater Builder.

Making Honest Business Possible

Making Honest Business Possible

1.0          Being an Ex Army Officer, it becomes 2nd nature to be honest. I started my Business a few years back & found that there are purposeful loopholes which suit all, to make a pie of corruption. I intend covering the PF & ESI schemes below.

2.0          PF & ESI Applicability. The current applicability is excellent in the interest of the weaker section. However, its implementation is pathetic. A Co is expected to pay PF & ESI even for a casual lab employed for a day. Is it practically possible? So who is benefited? Both, the Employer, who circumvents this utilizing the Financial Brains of his CAs etc, (apart from bribing a small percentage of due amt) & the PF/ESI Regulators from Labor Commissioners to the Inspectors & below.

2.1          Currently, the applicability is for Cos with more than 20 employees. Practically it is difficult to implement for those having less No of employees. So who takes care of the other workers? Statistically, more than 80% work force is employed by such employers.

2.2          Currently, a Co having less than 20 employees can NOT obtain PF & ESI Certification even if he wants. It should have been permissible to all.

3.0          Govt’s Responsibility. Govt is expected to provide Pension, welfare, medical support etc. How does the Govt. do this without Generating the Revenue? So the Subsidy comes in, burdening the Govt, whereas the Employers & Enforcement Staff enjoys.

4.0          My Recommendation.  It is a very simple recommendation, which can be implemented as easily as Income Tax.

•             Historical records of last Five or Ten years could be taken. Data can be collated as to what percentage of the Revenue / Turn Over, the Co spends on PF & ESI.

•             There will be representations from certain industries which are NOT work force intensive. Either we insist on standardization, irrespective of the Industry (better to prevent corruption), or 2-3 categories could be made. Making too many categories will increase Subjectivity & bribing.

•             This could become a Standard Tax for all businesses & Professionals, including Cos /Sole Proprietors /Professionals etc.

•             The employer would just need to send the details of the employee to the PF / ESI Enforcers, like name, salary, joining dates, ID etc.

•             The PF & ESI Authorities should issue PF & ESI Cards & start their PF & ESI Accts.

•             These accts could be transferable as is now.

5.0          Advantages.

•             Majority work force can be covered.

•             Manipulating the No of employees would not be needed.

•             All businesses will be covered, resulting in better revenue & its expenditure for the welfare of the deserving.

•             Ease of doing Business, as each Registration take a couple of months & greasing of palms.

The Finance Minister will get a much Bigger Kitty from the above than what he is getting as of now.

Col Biraj Sahay (Retd)

Your Money Tree

We have started with Financial Planning to macro manage your ASSETS & diversification into- 

*Equity, 

*Debt, 

*Real estate, 

*Insurance etc. 

We take an hour or so of discussion with you and give you a revert on the Detailed Suitable Financial State for you. We do the follow ups also.
We guarantee minimum 10% growth advantage from your current exposure.
Our consultancy costs Rs 2500/ + tax. 

We also help in IT returns, cost of which is separate.
Remember, Jayalalitha did not file in 1992-93 & went to jail in 2014. Dont take it casually.

Worrylessly UPGRADE your house in NCR

We have been getting inquiring about minor / low cost works with respect to house improvement like civil / wood / sanitary / flooring work etc. We do undertake such works, with min budget of around a lac, in NCR. 
Anyone needing help could contact me 
@
biraj@colonelzinfracon.com; 9818744711

Luxury Living with Added Safety & Security

Being in Construction Business, one often got enquiries for High End Living Homes, with STRONG STRUCTURE. We embarked upon a Project using best stuff like Lafarge Cement, Jindal Steel, etc. It has all facilities like 100% Power Back up, water 24x7, covered parking, high end lifts, gated community, great exterior & Interior. 
This Central Gurgaon area has 3000+ sft carpet area floors only.
Our Floors comprise 3/4 large BR, 3 large toilets + 1 Pdr room, 3 big Dressers, Big Dining + family lounge, Large Drawing room, Huge Kitchen, Study room, Pooja room & 3 huge balconies + Sr Qr.
These will be ready by Jun 2015. The prices are:
3.75 Cr for Ground Floor (3600sft) with Basement (3000) + Sr Qr;
2.75 Cr for First Floor (3400sft) + Sr Qr;
2.25 Cr for Second Floor (3200sft) + Sr Qr.
My contact – Col Biraj Sahay -9818744711; Biraj@colonelzinfracon.com / biraj153@hotmail.com

Expectations Post Elections from Real Estate Industries

Introduction

1.0              The Indian perception that Real Estate is amongst the Better and Safer Investments continued to stay even in the downturn. It is likely to gain faith post Election 2014. Although most Real estate companies are bogged down on all fronts, right from Curbs on Lending, Mounting debts, Increasing Interest Rates, Liquidity crunch, Employee dissatisfaction and more, the Indian Perception of “Hamara Ghar”, may bail out this Sector.

2.0              The point to ponder is that Post Election 2014, will it look up, survive or sink? Will it be another Bubble like the IT Bubble?

Analysis

3.0              The Real Estate Sector has been in turmoil for some time. Factors affecting are listed below:

3.1              The first half of the last decade saw a crazy rush for Real Estate, both, at the Builder / Co level & the Buyer level. Numerous Real Estate Companies mushroomed. Rich & famous found it wise to be either invested in these Companies or their products; Residential, Retail, Commercial or other options.

3.2              In spite of a shortage of over 16-18 million houses in India, the End Users have not been the Major Buyers. Close to 55% of home buyers have been buying as 2^nd / 3^rd Property, meaning that the Real Consumers are still available aplenty.

3.3              Rush to own properties, led to unrealistic growth in Prices, which was boosted by the Broker Community. However, the Broker motivated artificial fillip was not going to last forever.

3.4              The growth of 20-25% during the beginning of the last decade, stagnated between 2007-10, leading to a large No of Investors getting stuck with their Investments. The first  to be hit was the Commercial space; more than 35% of Commercial Properties in NCR are vacant / unoccupied. The Residential Sector soon followed, with under construction Flats being sold even at sub-prime costs.

3.5              The relief which came in 2010 lasted for 18-24 months. It once again got stalled due to Over Priced Inventory, coupled with Policy Paralysis of the Govt.

3.6              The slowdown in demand resulted in a sharp spike in inventory of late. The global recession and impending tapering of the easy money policy by the US central bank have not been auguring well for fund flows to the sector.

3.7              Projects have continued to be delayed, without much recourse for the Buyers.

3.8              The Indian Real Estate is heavily funded by unaccounted / surplus money, ie. there is a large difference between the Price of property on papers & actual cost. This had helped Indian Real Estate survive the Sub Prime Crisis & may once again be able to.

3.9              After the never ending delays, the Govt came out with the Land Acquisition Bill, the content of which are highly debatable. However, some clarity has finally come.

3.10          Regulatory Body. In the absence of any worthwhile Regulatory Body, the Builder Sharks had a field day. There are more than a lac Legal cases pending in courts against the Builders. Norms were violated & Common Man was left to fend for himself. Some Positive Judgments & Laws for the Buyers have led to cooling off of some Corrupt Practices.

3.11          For investors in Real Estate Co stocks, there were huge losses, as most real estate stocks are quoting at a fraction of their book values. However, the belief that real estate is amongst the best investment stays. What the new Govt does, will decide the revival of the investment cycle.

Expectations from Real Estate

4.0              The expectations from the Real Estate could be put in two parts; one w.r.t. the Property Buyers & second for the Share Market or the Real Estate Index.

5.0              Property Buyer’s Expectations. The Property Buyers expect the following from the Real Estate Industries:

5.1              It is largely expected that the Policy Paralysis would be over & the new Govt. would bring in Fair & Well Defined Guidelines post Elections.

5.2              Buyers should not expect continued growth rate of 20-25%. One should be fine with 15-20% growth at the max. To achieve this, the Sale price to be fixed by the Industry, should be Pragmatic, leaving space for growth for the Buyers.

5.3              Common man expects that now he will not be cheated through misleading advertisements and selling on Super area. There will be more clarity from the Builders on the aspects of Super/Carpet Areas; Car Parking Cost; Maintenance Deposits (IBMS, IFMS etc), PLC and so on.

5.4              Newspapers & Magazines like HOME FOR EVERYONE, would be of great help to Consumers in comparing Builders, thus enabling Buyers to take informed decisions.

5.5              Carpet Area is an important concern for all buyers. The Real Estate Regulatory bill, has come as a great relief for the home buyers. Buyers expect the Builders to comply with the Govt Direction on this.

5.6              However, there are many grey areas unaddressed. To address these, there is an urgently requirement of a “Dispute Redressal Mechanism” to safeguard their interest.Majority of homebuyers (more than 75%) believe that it will safeguard their interest.

5.7              The new Govt is expected to set up this mechanism. People expect Special Courts like Consumer Courts would play a major role in resolving Housing related disputes.

5.8              The masses also expect that some Sops like lower Interest Rates, specially for End users should come in.

5.9              The government must remove the service tax on under-construction properties, as this tax adds significantly to the cost of the property.

5.10          The Govt may give some concessions in affordable housing projects. We have more than 16 million housing shortage, which needs to be jointly addressed by the government, builders & other agencies. Some incentives w.r.t. taxes and excise benefits are much needed for this segment.

5.11          It is time Govt. gives Industry status to the Realty Sector. On getting industry status it would be able to raise funds at lower cost resulting in reduced sale price to the buyers.

5.12          The current income tax exemption limit (introduced a decade back), for the interest payment towards the home loan is 1.5 lakh per annum. The limit is no more adequate. It needs to be doubled, if not more.

5.13          Home buyers also want that Govt should enforce heavy penalty on developers if a project is not delivered on time.

6.0              Investors in Property Companies’ Expectations.

6.1              It is not expected that the fundamentals of the sector will change any time before 3^rd Qr FY 14-15. We are probably a quarter away from when the sector bottoming out.

6.2              Interest on home loans is likely to peter off, resulting in these stocks improving.

6.3              Getting “industry status” will give it a boost mainly because of cheaper fund availability.  

6.4              Most real estate stocks are available at a fraction of their book values, making them attractive with a long-term perspective. The Indian belief that real estate is the best investment remains intact, which makes one bullish on the sector.

6.5              The percentage of home owners who do not have a home loan is very low. Subsidy / support to this segment would push up demand.

6.6              It may be possible for the Govt to give subsidy on low cost / first time home buyers, which will boost sale.  

Conclusion

7.0              The elections are round the corner. The Country has high hopes from who ever forms the next Govt. housing is one of the Three Primary needs- Roti, Kapda aur Makan. It needs to be seen if the Industry and the Govt delivers on the expectations from them. If they do, the sector will revive & it would be a Win – Win situation for all.

Written by Col Biraj Sahay