Sale of joint property at a loss: How to take maximum tax advantage

Any property held for a interval of greater than 24 months can be a long run asset.

Sale of a home property usually leads to achieve. Nonetheless, in case of sale in an emergency state of affairs, the house owners might should promote the property at a loss. Such beneficial properties and losses could also be of two sorts – quick time period and long run.

Sale of a home property is taken into account quick time period from the revenue tax standpoint, if the property is offered inside 24 months from the date of buy/registration, and long run, whether it is offered after the completion of 24 months.

A brief-term capital loss could also be adjusted towards each short-term and long-term capital beneficial properties, whereas a long-term capital loss might solely be adjusted towards long-term capital beneficial properties. Nonetheless, the remaining a part of each short-term and long-term losses, if any, could also be carried ahead as much as 8 years from the 12 months of sale.

In case of joint possession, all of the joint house owners might share the loss as per the proportion of their holding within the property.

“Any property held for a interval of greater than 24 months can be a long run asset and consequently, any achieve/ loss arising from the identical of such property is handled as long run capital achieve or loss. In case of a home property which is co-owned or held by two or extra individuals and their shares in such property are particular and ascertainable, the loss arising from the sale of the property will be claimed by such respective co-owners in proportion to their co-ownership share towards their respective capital beneficial properties or extra capital losses, which isn’t set off will be carried ahead for adjustment within the subsequent 8 years by them,” mentioned Dr. Suresh Surana, Founder, RSM India.

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Nonetheless, if a property is bought by an individual and get it registered in joint identify together with his/her partner, who’s a housewife, both each of them might declare the share of achieve/loss or the husband, who really made funds, might declare it wholly.

“The capital loss can be apportioned between the husband and spouse of their co-ownership ratio i.e. equally as within the given case the place each the husband and spouse are joint holders in a property. In case, the place the co-ownership share of husband and spouse shouldn’t be equal, then within the ratio of the sum contributed by them initially for buy of such home property will be taken as the premise for willpower of the share of co-ownership. The losses can then be accordingly claimed by the husband and spouse, even when the fee has been made equally to each the joint house owners. In case, if one of many co-owners has not contributed any sum in the direction of the acquisition of the home property, then the opposite co-owner might declare your entire loss. It’s notable that merely by registering the identify within the registry of property as a joint proprietor doesn’t in itself make such particular person co-owner of the home property for revenue tax functions,” mentioned Dr. Surana.

So, in case of loss from sale of a home property, each the joint holders ought to declare the share, provided that each of them have the prospect of adjusting it towards capital beneficial properties. In any other case, if solely the incomes co-owner has capital beneficial properties, towards which the capital loss could also be adjusted, will probably be higher that your entire loss is claimed by that co-owner.