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How is capital gain taxed if inherited property is owned by more than one person?

💼 Inherited Property & Capital Gains Tax: 

Inherited property is a blessing, but selling it brings tax responsibilities.

❓ Q1. Is inherited property taxed when you receive it?

No, inheritance is not a taxable event under the Income Tax Act.
There’s no capital gain tax when you inherit the property — it’s not considered a transfer.

🧾 Example: If you inherit a flat from your grandfather in 2025, no tax is payable at that time.

🔍 Key Insight: Tax liability arises only when you sell the inherited property.

❓ Q2. When calculating capital gains, how is the holding period determined?

The holding period starts from the date your predecessor acquired the property — not from the date you inherited it.

🧾 Example: Your mother bought a plot in 1995. You inherited it in 2020 and sold it in 2025.
The holding period = 1995 to 2025 = 30 years → Long-Term Capital Gain (LTCG).

📌 Key Insight: This gives you access to indexation benefits and exemptions under Section 54/54F.

❓ Q3. How is the cost of acquisition calculated for inherited property?

The cost = cost to the previous owner.

👉 For properties acquired before April 1, 2001, you can opt for Fair Market Value (FMV) as of 1.4.2001, based on a registered valuer’s report.

🧾 Example: Your father bought land for ₹80,000 in 1990. FMV in 2001 is ₹5 lakhs. You can use ₹5 lakhs as your cost of acquisition.

📌 Key Insight: Choosing FMV in 2001 can significantly reduce capital gains.

 ❓ Q5. Can renovation or improvement expenses be added to the cost?

✅ Yes, any capital improvements by you or the previous owner can be added.

🧾 Example:
You added a second floor in 2015 for ₹10 lakhs → this becomes part of your cost.
But painting costs or routine maintenance? ❌ Not allowed.

📌 Bonus Tip: If you pay off a mortgage on the inherited property, that repayment can also be added to cost.

❓ Q6. What if the property is jointly inherited?

Each co-owner pays tax on their share of the capital gains.

🧾 Example: If you and your sister sell inherited land and each has a 50% share, then each of you pays tax only on your 50% gain.

📌 Key Insight: File returns accordingly to avoid scrutiny or mismatch. Take consultation of CA.

❓ Q7. Do NRIs get different tax treatment for selling inherited property?

No special treatment — same tax rules apply to NRIs.

✅ NRIs can:

  • Use FMV as of April 1, 2001,
  • Claim Cost,
  • Invest in new residential property in India to claim exemption.

📌 Compliance Tip: NRIs need to obtain a valuation report and may face TDS on sale proceeds.

❓ Q8. How can I save tax on long-term capital gains from inherited property?

Use Section 54 / 54F exemptions: Must step to take CA consultation .

Option 1: Buy or build a residential house

  • Buy within 1 year before or 2 years after sale
  • Construct within 3 years

Option 2: Invest in Capital Gains Bonds (Section 54EC)

  • ₹50 lakhs limit
  • Within 6 months of sale
  • Lock-in of 5 years

🧾 Example: You sold inherited land for ₹60 lakhs. LTCG is ₹25 lakhs.
You buy a house for ₹30 lakhs within 1 year → Exemption on ₹25 lakhs.

📌 Smart Move: If planning delayed investment, park funds in Capital Gains Account Scheme (CGAS).

🧠 Final Thoughts

Understanding holding period, cost adjustments, and exemptions can help you legally minimize tax and plan better.

💬 Still unsure about your inherited property tax? Consult a tax expert — better safe than sorry!

 

Regards,


CA Bhavesh Panpaliya 

 +91 8888755557

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