Inherited Property? Here’s How It Affects Your ITR

vakilkaro
3 min readNov 3, 2023

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Introduction:-

Inheriting property can be a significant financial event that comes with various implications, including its impact on your Income-Tax Return (ITR). Understanding the tax implications of inherited property is crucial to ensure compliance with tax laws and optimize your tax liability. In this article, we’ll delve into the intricacies of how inherited property affects your ITR filing process.

1.Valuation of Inherited Property

When you inherit property, it’s essential to determine its fair market value on the date of inheritance. This valuation is crucial for future calculations related to capital gains tax.

2. Capital Gains Tax

a. Short-Term Capital Gains (STCG): If you sell the inherited property within two years of acquiring it, any profit will be considered a short-term capital gain. STCG is added to your total income and taxed according to your applicable slab rate.

b. Long-Term Capital Gains (LTCG): If you sell the property after holding it for more than two years, the profit is classified as long-term capital gains. LTCG is subject to a flat tax rate, typically 20% (with indexation benefits available).

3. Exemptions and Deductions

a. Exemption under Section 54: If you reinvest the proceeds from the sale of inherited property into another property, you can claim an exemption from capital gains tax under Section 54. This applies to long-term gains.

b. Exemption under Section 54F: If you choose to invest the sale proceeds into a residential property, you may avail an exemption under Section 54F, provided you don’t own more than one residential property (apart from the newly acquired one).

c. Interest on Home Loan: If you take a home loan to acquire or construct a new property, the interest paid on the loan is tax-deductible under Section 24(b).

4. Rental Income from Inherited Property

If you decide to let out the inherited property, any rental income you earn will be subject to tax. This income will be added to your total income and taxed according to the applicable slab rates.

5. Gift Tax Implications

If you choose to gift the inherited property to a relative, you may need to consider the implications under the Gift Tax Act. It’s important to be aware of the tax implications and consult with a tax advisor for the best course of action.

6. Maintenance and Renovation Costs

Expenses related to the maintenance and renovation of the inherited property can be deducted from the rental income earned. However, keep meticulous records of these expenses to substantiate your claims.

7. Reporting in ITR

a. Schedule CG (Capital Gains): If you have sold the inherited property, report the details in Schedule CG of your ITR. Provide comprehensive information on the date of acquisition, cost of acquisition, sale value, and expenses incurred in the sale.

b. Schedule HP (Income from House Property): If you’ve let out the inherited property, report the rental income, as well as any deductions for maintenance and renovation, in Schedule HP.

Conclusion:-

Inheriting property is a significant financial event that can have far-reaching tax implications. Understanding how it affects your Income-Tax Return filing process is crucial for proper compliance with tax laws. Seek advice from a qualified tax professional to ensure you make the most of exemptions and deductions available to you. Remember to keep detailed records of all transactions related to the inherited property for accurate reporting in your ITR.

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