If you or your HUF do not have enough taxable income, your son can pay for his family, as well as for both of you, and claim a deduction of Rs. 74,500 (Rs 50,000 + Rs. 24,500) in his income tax return under Section 80D of the Income Tax Act, 1961.
Question - I have sold a flat during the current year which was bought last year. Can I pay a short-term capital gains tax at 15 per cent flat instead of adding it to my regular income? Can I calculate the capital gains after deducting the indexed costs using the cost inflation index?
Answer- Since you have sold the flat before completing 24 months, the profits are to be taxed as short-term capital gains. The benefit of the flat rate of 15 per cent is available only for capital gains on listed equity shares and units of equity-oriented schemes of a mutual fund on which securities transaction tax (STT) has been paid. Short-term capital gains from all other capital assets are treated as regular income and are required to be added to your regular income and taxed at the slab rate applicable to you. In your case, as the capital gains arise from the sale of assets other than the listed shares, or units of equity-oriented schemes, you will have to pay the tax at the slab rate applicable to your income. The benefit of indexation is available only for long-term capital gains, and because profits on the sale of your flat are short-term capital, you cannot take advantage of it.
Balwant Jain is a tax and investment expert.