SDLT: is the solution in the valuation? I have come across a number of situations in recent months which start with an enquiry as to eligibility for First Time Buyers relief and conclude with my advising there is an obligation to pay the 3% surcharge. That makes me unpopular, to say the least. Many are grandchildren whose grandparent left them their interest in their home on their death. If the interest is a trust in land that would generally be a bare trust. And if the value of that interest is £40k or more, the aforementioned downsides arise. Let me preface what follows with: I am not a valuer, which will become quite apparent as you read on. The valuation of the interest is determined as it would be for Capital Gains Tax. I expect a joint ownership discount should apply which, looking at Inheritance Tax cases, may range from 10% to 15% if say, the property is occupied by the surviving grandparent. Nonetheless I am surprised and dismayed at the valuations arrived at given surely, you would struggle to sell these interests in the open market. If any valuers out there have a view I would welcome it. But also, where possible, thought could be given to the form of the bequest to minimise the SDLT downsides. I would be happy to discuss so please get in touch if this resonates with you.
Vanessa Rush’s Post
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In the previous case, you at least made a profit to pay the capital gains. Now, let's take a scenario where you bought an apartment in January 2018 for ₹80 lakhs and sold it today for ₹95 lakhs due to a personal emergency. This is where it gets tough. If indexation was applicable, you actually made a loss of ₹11.76 lakhs and would have paid 'Zero' LTCG tax. But with the new method, @nsitharaman will add salt to your wound. She will take ₹1.87 lakhs from you as LTCG. Your net loss becomes ₹13.63 lakhs. Again you might spent many many lakhs more in loan interest alone. Removing indexation defeats the whole purpose of LTCG. This affects everyone and will push more people to undervalue their transactions, increasing the use of black money. This makes real estate investments less attractive and could drive our construction sector into a even bigger crisis
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IMPACT OF REMOVAL OF INDEXATION FROM SALE OF PROPERTY Our Finance Minister reduced Long Term Capital Gains (LTCG) Tax on properties to 12.5%, but cleverly removed indexation, which adjusts the property price at the time of sale, to account for inflation. How does this impact us? Let us understand it with the given two situations Situation 1: Suppose you bought an apartment in January 2009 for 50 lakhs. Fifteen years later, you sold it today for 1.5 crore. With indexation, the ₹50 lakhs you paid 15 years ago is considered to be worth 1.32 crore today. So, the net profit or capital gain is only 17.5 lakhs, and you'd pay only 3.5 lakhs as Capital Gains Tax at the rate of 20%. But without indexation, your capital gain now is ₹1 crore, and at 12.5%, you'd end up paying ₹12.5 lakhs in tax. Essentially, the government takes 9 lakhs more than the old method. Your net profit after buying a property and holding It is just ₹5,01,825 for 15 years. You might have paid much much more in loan interest alone. Was it really worth it? Do you call this cleverness or crookedness? Situation 2: In the previous case, you at least made a profit to pay the capital gains. Now, let's take a scenario where you bought an apartment in January 2018 for 80 lakhs and sold it today for *95 lakhs due to a personal emergency. This is where it gets tough. If indexation was applicable, you actually made a loss of 11.76 lakhs and would have paid 'Zero' LTCG tax. But with the new method, will add salt to your wound. They will take 1.87 lakhs from you as LTCG. Your net loss is ₹13.63 lakhs. Again you might spend many many lakhs more in loan interest alone. Removing indexation defeats the whole purpose of LTCG. This affects everyone and will push more people to undervalue their transactions, increasing the use of black money. This makes real estate investments less attractive and could drive our construction sector into an even bigger crisis.
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