
On 12th November 2020, the minister of finance (MoF) has declared the reduction in income tax applicable to the difference amount of the circle rate and agreement value of a property. The threshold limit on which the above-mentioned tax is imposed has been increased to 20% from 10%. The income tax rules state that if a property is transacted at the agreement price lower than the circle rate, then the difference amount is treated as the income of the buyer and this income is taxable.
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This decision has lessened the burden on the developers and buyers both. Also, this would help in buying and selling of houses much easier for buying a home would be much more affordable. Along with the other measures, this step is also taken to help the real estate sector boost up.
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• What is Circle Rate?
The minimum price of a property set by the government depending on the location of the property and current market values of the area is called the circle rates. This is also known as Ready Reckoner Rate. While the valuation of a property, a comparison of the circle rate with the declared transaction value is made. The higher amount between the two values is taken for stamp duty calculations.
• How does this Income Tax Relief works?
Under section 43CA, Income Tax Act, the difference between the circle rate and the agreement value is considered as the buyer’s income. And the buyer is liable to pay Income Tax on that amount. Now, earlier, the percentage of exemption from income tax was 5% on this amount. But in the last budget, it was stated in February 2020, that the exemption would be 10%. But now in November 2020, the exemption rate is revised and increased to 20% which is taxable according to the income tax slab.
This relief will benefit the developers and the home buyers who in this coronavirus pandemic driven lockdown had faced a steep decrease in the market values amid the financial slowdown along with the circle rates continuing to be very high. Though this relief is to be applied to the new properties only. Properties that have a maximum agreement value of rupees 2 crores and would be bought till 30th June 2021. This has to be noted that this relief is not applicable while reselling any property.
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• Explanations with some illustration
Basically, the amount that is saved by the buyer due to this income tax waiver will impose less income tax payable.
Illustration 1: suppose Mrs. Dalal of Dahisarhas bought a registered 2BHK apartment of 1000 square feet, for an agreed value of rupees 1 crore on 15th November 2020. She was charged rupees 10,000 per square feet and let us assume that the prevailing circle rate of that time and area is rupees 11,000 per square feet. Therefore, the circle rate of her house is rupees 1.10 crore and the agreement value of her flat are rupees 1 crore that is lower than the circle rate.
Now, since she has bought the apartment for a price lower than the circle rate, the difference between the amounts that are rupees 10 lacs is considered as her income as per the income tax rules, which is liable for income tax. This rupees 10 lacs is 9.09% of the circle rate. As per the income tax waiver, since the difference of percentages is less than the revised threshold of 20%, the buyer, Mrs. Dalal does not need to pay any income tax on that amount.
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Illustration 2: similarly, let us consider the case of Mr. Bhat from Greater Noida. He bought a 3 BHK apartment of 1500 square feet for an agreed value of rupees 45lacs, that is per square feet is rupees 3000 per square feet, on 15th November 2020. Let us consider that the circle rate prevailing at that time and area is rupees 4000 per square feet, that is rupees 60 lacs.
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Thus, the buyer buys at a price lower than the circle rate, and thereafter the difference amount of rupees 15lacs (25%) is liable for income tax. Now the threshold percentage is lower by 5%. Therefore Mr. Bhat has to pay an income tax of 5% that is rupees 3 lacs.

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