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FAQ's
 
List of questions :
1. Is it necessary to obtain any permission, from the Income Tax authorities if I want to purchase any immovable property ?
2. Does the Indian Income Tax Act offers any special incentive for purchase of residential property by obtaining finance either from banks or other financial institutions ?
3. Whether the benefits attached to a residential property are also available to a commercial property ?
4. What are the formalities specified under the Indian Income Tax Law, if any, that one has to complete before or after selling any house property, commercial or residential ?
5. What are the tax implications of sale of any house property, commercial or residential ?
6. Whether incidental charges like brokerage, registration fees, stamp duty and other charges arising out of sale of house property deductable from profit arising on sale ?
7. Is there any way by which I can claim exemption from tax on capital gain ?
8. Do non-resident Indian citizens require permission of Reserve Bank to acquire residential/commercial properly in India?
9. Do foreign citizens of Indian origin require permission of Reserve Bank to purchase immovable property in India for their residential use?
10. In what manner the purchase consideration for the residential immovable property should be paid by foreign citizens of Indian origin under the general permission?.
11. What are the formalities required to be completed by foreign citizens of Indian origin for purchasing residential immovable property in India under the general permission.
12. Can such property be sold without the permission of Reserve Bank .
13. Can sale proceeds of such property if and when sold be remitted out of India?
14. Are any conditions required to be fulfilled if repatriation of sale proceeds is desired?
15. What is the procedure for seeking such repatriation?
16. Can foreign citizens of Indian origin acquire or dispose of residential property by way of gift?
17. Can foreign citizens of Indian origin acquire commercial properties in India?
18. Can they dispose of such properties?
19. Can sale proceeds of such property be remitted out of India?
20. Can the properties (residential/commercial) be given on rent if not required for immediate use?
21. Can NRIs obtain loans for acquisition of a house/flat for residential purpose from financial institutions providing housing finance?
22. Can authorised dealer grant loans to NRIs for acquisition of a flat/house for residential purposes?
23. Can Indian companies grant loans to their NRI staff?
Answers :
1. Is it necessary to obtain any permission, from the Income Tax authorities if I want to purchase any immovable property ?
Ans. There is restriction on transfer of immovable property under Section 269UC of the Income Tax act.
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2. Does the Indian Income Tax Act offers any special incentive for purchase of residential property by obtaining finance either from banks or other financial institutions ?
Ans. Under Section 88 of the income tax you can claim benefit for the principle repayment, interest on loan is deductible u/s 24 from income from House Property.
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3. Whether the benefits attached to a residential property are also available to a commercial property ?
Ans. No such benefits are not available for commercial Properties.
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4. What are the formalities specified under the Indian Income Tax Law, if any, that one has to complete before or after selling any house property, commercial or residential ?
Ans. You have to obtain Permission u/s 230A of the Income Tax Act if the value of the property to be sold is more than 5 lakh.
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5. What are the tax implications of sale of any house property, commercial or residential ?
Ans. You are liable to pay Tax on profit arising from sale of a house property under the head Capital Gain.
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6. Whether incidental charges like brokerage, registration fees, stamp duty and other charges arising out of sale of house property deductable from profit arising on sale ?
Ans. These expenses are allowable expenses from the full value of consideration of the sale of house property.
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7. Is there any way by which I can claim exemption from tax on capital gain ?
Ans.
The Income Tax act has made provision u/s 54 & 54A--G of the act whereby you can claim exemption from tax on capital gains.
Sec. 54: Purchase or construct another residential house worth the amount of capital gains. Sec. 54 protects capital gains arising out of sale (or transfer) of a residential house whether self-occupied or not, provided the assessee has purchased within 1 year before or 2 years after the date of sale of the original asset or has constructed within 3 years after that date, a residential house. The only condition is that the newly-acquired property should not be sold within 3 years from the date of its purchase or construction. If this condition is not satisfied, the cost of the new asset is to be reduced by the amount of long-term capital gains exempted from tax on the original asset and the difference between its sale price and the reduced cost will be chargeable as short-term (yes, short-term!) capital gain earned during the year in which the new asset is sold. This condition is unfair. One of my readers, Capt. Shelar, had sold a house situated in a main city and purchased a more spacious house in the suburbs. After moving in he found that one of the neighbours is a goonda and another is running a brothel. He desired to shift in a hurry but alas! He found himself trapped.

Sec. 54EA & 54EB: Invest within 6 months the amount of capital gains in avenues covered by Sec. 54EB which locks in the funds for 7 years or invest the of sale proceeds in avenues covered by Sec. 54EA which locks in the funds for 3 years. Sometimes the same avenue also attracts tax rebate u/s 88. However, if the assessee has availed of the Sec. 54EA/EB exemption from capital gains by contributing a certain amount, the rebate u/s 88 will not be allowed on the same amount and vice versa.
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8. Do non-resident Indian citizens require permission of Reserve Bank to acquire residential/commercial properly in India?
Ans. No.
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9. Do foreign citizens of Indian origin require permission of Reserve Bank to purchase immovable property in India for their residential use?
Ans. Yes. However, Reserve Bank has granted general permission to foreign citizens of Indian origin, whether resident in India or abroad, to purchase immovable property in India for their bona fide residential purpose. They are,therefore,not required to obtain separate permission of Reserve Bank.
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10. In what manner the purchase consideration for the residential immovable property should be paid by foreign citizens of Indian origin under the general permission?.
Ans. The purchase consideration should be met either out of inward remittances in foreign exchange through normal banking channels or out of funds from NTE/FCNR accounts maintained with banks in India.
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11. What are the formalities required to be completed by foreign citizens of Indian origin for purchasing residential immovable property in India under the general permission.
Ans. They are required to file a declaration in form IPI 7 with the Central Office of Reserve Bank at Mumbai within a period of 90 days from the date of purchase of immovable property or final payment of purchase consideration alongwith a certified copy of the document evidencing the transaction and bank certificate regarding the consideration paid.
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12. Can such property be sold without the permission of Reserve Bank .
Ans. Yes. Reserve Bank has granted general permission for sale of such property. However, where the property is purchased by another foreign citizen of Indian origin, funds towards the purchase consideration should either be remitted to India or paid out of balances in NRE/FCNR accounts.
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13. Can sale proceeds of such property if and when sold be remitted out of India?
Ans. In respect of residential properties purchased on or after 26th May,1993, Reserve Bank considers applications for repatriation of sale proceeds up to the consideration amount remitted in foreign exchange for the acquisition of the property for two such properties. The balance amount of sale proceeds if any or sale proceeds in respect of properties purchased prior to 26th May,1993, will have to be credited to the ordinary non-resident rupee account of the owner of the property.
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14. Are any conditions required to be fulfilled if repatriation of sale proceeds is desired?
Ans. Applications for repatriation of sale proceeds are considered provided the sale takes place after three years from the date of final purchase deed or from the date of payment of final instalment of consideration amount, whichever is later.
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15. What is the procedure for seeking such repatriation?
Ans. Applications for necessary permission for remittance of sale proceeds should be made in form IPI 8 to the Central Office of Reserve Bank at Mumbai within 90 days of the sale of the property.
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16. Can foreign citizens of Indian origin acquire or dispose of residential property by way of gift?
Ans. Yes. Reserve Bank has granted general permission to foreign citizens of Indian origin to acquire or dispose of properties up to two houses by way of gift from or to a relative who may be an Indian citizen or a person of Indian origin whether resident in India or not,provided gift tax has been paid.
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17. Can foreign citizens of Indian origin acquire commercial properties in India?
Ans. Yes. Under the general permission granted by Reserve Bank properties other than agricultural land/farm house/plantation property can be acquired by foreign citizens of Indian origin provided the purchase consideration is met either out of inward remittances in foreign exchange through normal banking channels or out of funds from the purchasers\' NRE/FCNR accounts maintained with banks in India and a declaration is submitted to the Central Office of Reserve Bank in form IPI 7 within a period of 90 days from the date of purchase of the property/final payment of purchase consideration.
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18. Can they dispose of such properties?
Ans. Yes
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19. Can sale proceeds of such property be remitted out of India?
Ans. Yes. Repatriation of original investment in respect of properties purchased by foreign citizens of Indian origin on or after 26th May 1993 will be allowed to be remitted up to the consideration amount originally remitted from abroad provided the property is sold after a period of three years from the date of the final purchase deed or from the date of payment of final instalment of consideration amount,whichever is later. Applications for the purpose are required to be made to the Central Office of Reserve Bank within 90 days of the sale of property in form IPI 8.
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20. Can the properties (residential/commercial) be given on rent if not required for immediate use?
Ans. Yes. Reserve Bank has granted general permission for letting out of any immovable property in India. The rental income or proceeds of any investment of such income has to be credited to NRO account.
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21. Can NRIs obtain loans for acquisition of a house/flat for residential purpose from financial institutions providing housing finance?
Ans. Reserve Bank has granted general permission to certain financial institutions providing housing finance e.g. HDFC,LIC Housing Finance Ltd.,etc. to grant housing loans to non-resident Indian nationals for acquisition of houses/flats for self-occupation subject to certain conditions.
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22. Can authorised dealer grant loans to NRIs for acquisition of a flat/house for residential purposes?
Ans. Authorised dealers have been granted permission to grant loans up to non-resident Indian nationals for acquisition of house/flat for self-occupation on their return to India subject to certain conditions. Repayment of the loan should be made within a period not exceeding 15 years out of inward remittance through banking channels or out of funds held in the investments\' NRE/FCNR accounts.
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23. Can Indian companies grant loans to their NRI staff?
Ans. Reserve Bank permits Indian firms/companies to grant housing loans to their employees deputed abroad and holding Indian passport subject to certain conditions.
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