Real estate and gold are the favorite asset classes of Indians for investments. Equity comes last on the list.
Investing in real estate comes with a few tax benefits.
But, the benefits have got so many ifs and buts that it is confusing for a regular taxpayer to comprehend for his use case.
Do you know that selling a house before and after 24 months of purchase attracts a different tax rate?
Do you know that a house constructed, and a house purchased, both come under different purviews of the income tax? Or does it not come under income tax at all?
Then where does it find its place in the tax regime?
Well, like all the topics here on TBM, let’s disintegrate this topic as well for better and easy understanding.
Let’s take it one by one.
So, here we go!
Real Estate- A Capital Asset
Real estate is a capital asset. But not all real estate is a capital asset.
Rural agricultural land is not considered a capital asset. This is because the income generated from the sale of rural agricultural land is exempt from taxation.
Section 10(1) of the income tax rules says that any income which is earned by agricultural sources is exempt from income tax.
But, all other forms of real estate like- residential property, commercial property, plots come under the taxation regime.
In fact, urban agricultural land also comes under the purview of taxation.
The gain on every asset considered as a capital asset is called capital gain.
So, if you buy a house for Rs. 25 lakhs and sell it for Rs. 50 lakhs, your capital gain is 50-25= Rs. 25 lakhs.
So the capital gain is nothing more than ‘apna fayda’ in any transaction of buy and sell. It is just that these terms are packaged heavily.
Now, capital gains are classified into two categories:
- Short-term capital gain (STCG)
- Long-term capital gain (LTCG)
The difference between the two can be gauged by their literal understanding.
Here is the detailed difference between the two:
STCG is applicable when the difference between buying and selling of the residential property is less than 24 months. LTCG is applicable when the same is more than 24 months.
STCG is taxed as per the income tax slab of the individual. The income tax slabs are as under for the current financial year:
LTCG is taxed at a flat rate of 20%. There are many exemptions in LTCG taxation and are discussed below.
Indexation benefit takes into account inflation.
So it’s like- why should you pay more tax if you sold your house at a higher selling price, just because there was a boom in the real estate prices due to heavy inflation? Is it your fault?
Hence, the indexation benefit has been introduced to remove this drawback.
Indexation is considered in LTCG, but is not considered while processing the taxes for STCG. This is fair enough as inflation has a minimum effect in 24 months.
There are no exemptions in STCG. A few exemptions can be availed in LTCG.
Let us talk about these exceptions in LTCG, which make real estate investments beneficial.
Benefits Under Section 54
This section has provisions for reducing your LTCG tax on the sale of residential house property only. The residential house can be a purchased one or a self-constructed one.
But, plots and commercial properties don’t come under its purview.
Who can claim this benefit?
Only individuals and HUF can claim this benefit under Section 54.
To claim the benefits under this section, the residential property should be held for a minimum of 24 months.
So, you cannot buy a house every month, and keep on claiming benefits by selling them every single month.
Because if you do that, you will come under the purview of STCG, which anyhow has got no exemption benefit.
But what is the benefit?
The benefit is that you don’t have to pay the LTCG tax at a flat rate of 20% (as mentioned above) on the profits earned by selling a house.
You have to buy another house with the amount you earned from the earlier property sale. You can also construct a new house, if not buy an already constructed one. But, you cannot buy a plot to claim this benefit.
Also, it is mandatory to buy a new property within 2 years of the sale of the original property. A property bought 1 year before the sale of the original property will also serve the purpose. If the taxpayer prefers constructing a house over buying one, the time limit is extended to 3 years.
Let’s take an example.
If you sell a house for Rs. 50 lakhs, which you had bought earlier at Rs. 25 lakhs; then your capital gain is Rs. 25 lakhs. You will have to buy another property or a maximum of two properties worth Rs. 25 lakhs; so that you don’t pay the LTCG tax of 20% on this Rs. 25 lakhs.
This is a saving of Rs. 5 lakhs.
Now, it is not necessary to buy another property worth Rs. 25 lakhs only. You can buy another property worth Rs. 50 lakhs as well; but only Rs. 25 lakhs can be claimed for tax exemption.
Maximum LTCG Capping
This benefit is not for the real estate tycoons; as it should be.
The maximum LTCG which can be exempted using Section 54 is Rs. 2 crores.
Also, it is not for real estate brokers and traders.
This is because you can avail of this benefit just once in your lifetime.
“Why not buy a new house and enjoy this taxation benefit, and then sell the new house immediately after and relax with cash in hand”? – A naive taxpayer can question their Chartered Accountant.
This, too, is not possible, as if the new property used for claiming the benefit is sold within 3 years of purchase, the exemption will be reversed. The individual will then be liable to pay the LTCG tax in the next assessment year.
The taxation guys are smart, it seems. No room for mischief!
To add to the strict norms, it is mandatory to park the LTCG in dedicated capital gain account schemes of banks. It cannot be kept in savings accounts.
Also read: Private Company vs Public Company
This was an elaborate explanation of Section 54, which provides tax benefits to real estate investors.
But there are various other sections that are targeted towards the taxation benefits of the real estate investors.
Here is a brief explanation of the other sections, as the nature of the benefits remains more or less the same, as in section 54.
All capital assets- including house property, plots, and commercial property, come under the purview of Section 54EC.
All taxpayers can take benefit under this section, unlike Section 54.
To claim an LTCG benefit under Section 54EC, the real estate property should be held for a minimum of 3 years.
After the sale of this property, the LTCG should be invested in specified bonds with a lock-in period of 5 years. This investment should be done within 6 months of the sale of the property.
The investment can be done in National Highways Authority Of India (NHAI) bonds or Rural Electrification Corporation (REC) bonds.
So, as per the example mentioned above, Rs. 25 lakhs need to be invested in these bonds to exempt them from LTCG taxation.
A maximum of Rs. 50 lakhs of LTCG can be claimed under this section.
Unlike Section 54, no dedicated bank account is needed here.
The returns on these bonds are very low, which are around 5-6%. These returns are taxable as per the income tax slabs. Hence, Section 54 stands out in front of Section 54EC.
Commercial properties, plots, and all other capital assets except house property come under the purview of Section 54F.
The major difference between Section 54F and Section 54 is- The ‘entire sale value’ of the original real estate property should be invested for the purchase of a new ‘residential property only’.
Hence, as per our example, the entire Rs. 50 lakhs have to be invested to buy a new property.
If only Rs. 25 lakhs is invested, you get 50% benefit, i.e. benefit on 50% of the LTCG (Rs. 12.5 lakhs).
Real Estate And Unrealistic Expectations
Investments in real estate are not always fruitful. It depends on the bull and bear cycles of real estate, each of which lasts for 10 years, historically.
Grabbing all the available loans to buy real estate disturbs the equations even further.
Real estate investors need to make informed decisions, which is rarely seen amongst a generalized pool of investors.
Not many know the exact tax benefits as well for their use-cases.
Tax Benefit Is Not A Discount
A tax benefit is sometimes seen as a discount.
A tax benefit is not a discount number on the price tag of a piece of land or a flat.
You can see it as a cashback offer- the closest you can relate to in this domain.
A middle-class person has to spend the savings of his lifetime, along with additional loans to buy real estate.
The tax benefit shouldn’t be the only decisive factor behind buying it.
You shouldn’t forget to claim your tax benefit too.
There is much more you can do to save tax on real estate apart from the above-discussed points.
Keep following TBM for more on this in the future. You can always reach out to your CA, if in a hurry.
That is the best way, as you don’t have to tax your mind.
It’s April. If you have paid the tax, just relax!
Rbi Bans American Express and Diners Club From May 1, 2021
RBI swipes away Amex from India
Everybody loves to flaunt the upgraded status of their credit cards at airport lounges and restaurants.
But, what if you think of doing so the next time and have to cut a sorry figure, as you come to know that your country’s central bank has banned these cards.
Yep! If you own an American Express or a Diners Club card, you need to know that RBI has passed a notice on banning American Express and Diners Club from May 1, 2021.
But, why has RBI been so severe on these multinational financial services providers? What is next in store for you if you use these cards? Can you use it hereafter?
What happens to all the privileges you gained on your Amex and Diners Club card all these years? Is your privacy at stake?
Let us find out all these answers, one by one.
RBI has banned Amex and Diners Club from acquiring new customers from May 1, 2021.
This ban has been imposed by an order issued by the RBI on April 23, 2021.
Reason For The Ban
According to RBI, Amex and Diners Club have violated data storage norms.
“These entities have been found non-compliant with the directions on Storage of Payment System Data,” the RBI said.
Both these card service providers are authorized payment network operators as per the Payment and Settlement Systems Act, 2007 (PSS Act).
RBI has taken this decision as per the powers vested in RBI by the PSS Act.
But this is not a sudden outburst by RBI. Both the card service providers were warned about the same in April 2018 itself.
In April 2018, RBI directed all the payments service providers in India to store all the data (full end-to-end transaction details, information collected, carried, and processed as part of the payment instruction) in Indian online data storage facilities. RBI allotted 6 months to put this order into effect.
It also required the payment card companies to report compliance to RBI and submit a board-approved System Audit Report (SAR).
But American Express and Diners Club failed to submit the compliance report, and hence the ban.
It is shocking to know that American Express, a leading payments card company, paid less heed to the central bank’s instructions!
This was very unlikely to happen. What was American Express doing all these 2 years since April, 2018?
When Will The Ban Be Lifted?
The ban has been imposed will full certainty by the RBI.
But, Amex and Diners Club can make some early moves to convince RBI about their future intentions. If they act responsibly and take the path as guided by the RBI over secure storage of data locally, they present themselves a better opportunity.
The employees of Amex and Diners Club will feel stranded at the moment. The marketing teams working for onboarding new customers to their companies will be left with no work from May 1 onwards. This will be an add-on worry for the employees during the ongoing pandemic.
Hence, RBI can reconsider the ban in the future, if Amex and Diners Club adhere to its norms.
The Existing Customers
The ban does not speak anything about the existing customers of American Express and Diners Club.
Hence, all the card owners will be able to transact normally- they can use, upgrade and enjoy privileges as before.
To redeem its brand value, and more importantly, to redeem its customers, Amex can offer a few giveaways in the form of offers and discounts. The ongoing pandemic in India will restrict the users from availing these benefits, though.
But now that both these card companies are on the radar of RBI, the cardholders better hope their card issuers remain in the ‘good books’ of the regulators.
Other Similar Bans
This is not the first time that a card company or a financial services provider is banned by the RBI.
HDFC Bank faced such a ban in December, 2020.
Yes, the so-called leading bank of India faced a similar ban. It was barred from launching any new digital services and issuing new credit cards.
This ban came as a result of the frequent outages on the mobile banking and net banking systems of HDFC Bank for a period of 2 years.
Even after 6 months of imposing the ban, there are no signs of the ban being lifted.
HDFC Bank is partners with Diners Club for the sale of credit cards and specialized payments systems.
Diners Club did not learn the lesson from HDFC Bank it seems.
Both HDFC Bank and Diners Club under the radar of RBI at almost the same time- this shows the ‘taken for granted’ attitude of the financial services sector towards RBI.
Do you know, Diners Club International, founded in 1950, is the first independent card company in the world to issue credit cards to its customers. But , RBI has put swords on the oldest credit card company in the world.
Options For Customers
After this ban, the customers are left with options like- SBI Card, Axis Bank Cards, Icici Bank Cards, to name a few.
SBI Card will be the biggest beneficiary of this move. The ‘sarkari’ tag associated with SBI has done wonders to its retail banking business. The same is expected with SBI Card as its penetration strengthens in the tier-2 cities of India.
Foreign Companies – Go Away
Citibank has shut down its retail banking business in India. It will leave India soon.
Many other international leading brands from the financial sector- like Standard Chartered and Deutsche Bank have fled India, too.
And now that American Express and Diners Club are feeling the heat, it is to be understood where things are heading.
Non-compliance of the norms set by RBI within the stipulated time cannot be just a brain-fade from Amex and Diners Club. There can be more to it.
Is it that these companies did not want to store their data locally in India and were waiting for RBI to call the shots?
Whatever it is; well-done RBI!
We shouldn’t let anyone misuse our country’s data, should we?
If we can swipe, we can swipe them away too!
CIF Number – The Only ‘Aadhar’ Of Your Bank Account
The ‘know how’ and ‘DIYs’ of the CIF number
If you have a bank account, you might have come across the term CIF number; at least once in your lifetime, surely.
If you don’t know what the CIF number is, then you are at the right place.
We’ve got you covered.
Let us dive deep into what a CIF number is and how it is important for the prompt working of the banking system.
What Is The CIF Number?
CIF stands for ‘Customer Information File’. As the name suggests, the file has a number which is known as the CIF number.
The format of the number varies with the banks i.e. different banks follow different formats for this number.
- SBI: 11-digit
- Central Bank of India:10-digit
- AXIS Bank: 4-digit
- HDFC: 8-digit
This number is highly essential for mobile banking or internet banking as this number works as the user ID. The user ID can be changed later on, but the CIF number is the digital virtual identity to every username changed in the future as well.
This customer information file carries all the banking information of the account holder in a digital form. So yes, your banker has all your banking information, that too, in detail.
So, does it imply- “Do not share your CIF number with anybody”?
Well not at all. It is not like a secret ATM pin. It is mentioned in every document related to your banking identity.
It contains information about the owner of the account, ongoing as well as previous loans, demat services, account type, account balance, and transaction information.
All the accounts you have with the bank can be linked to one single CIF number. This is useful in growing your Total Relationship Value (TRV) or Customer Relationship Value (CRV).
It is used by banks to determine how much minimum balance you can maintain, or how much credit can be given to you.
Just like the Aadhar card number gives you a unique identity, a CIF number gives you a unique banking code for all your banking needs.
This code cannot be changed as it is specially coded with all your information.
Also read: Private Company vs Public Company
Where Can You Find Your CIF Number?
There are various ways of finding your CIF number. Both offline and online.
It doesn’t matter in which bank you have your account, the process is the same for every bank.
Let’s get to it.
This is the easiest way to find your CIF number.
The CIF number is printed on the first page of your passbook, just above the account number.
Just like the passbook, the CIF number is printed on the first page of your checkbook. You won’t find it on the cheques.
You can always go old school and contact the customer care number to know your CIF number.
- Log in to your internet banking.
- Select the ‘e-statement’ option.
- Choose the period for e-statement.
- The account summary page will show your CIF number.
Nowadays, every major bank has their app for the comfort of its customers.
You can easily find the CIF number in the app of your respective bank.
Every bank provides an e-statement at your will, it is usually through SMS, but you can opt for email.
Just send a request to customer care. The automated operator will guide you through the process.
Do You Need The CIF Number Often?
You won’t require the CIF number often, as it is mainly for bank administrative purposes.
You will need it if you wish to change your bank branch or if you wish to access mobile banking and internet banking.
Every bank you change will pass on the CIF number to the next bank. The new bank will fetch the data from this CIF number.
A loan, mutual fund, fixed deposit is managed through the existing account number usually; hence producing your CIF number all the time is not required.
CIF Number- The Aadhar For The FinTechs
The FinTech companies are evolving.
The services of personalized bank accounts, personal and health insurance solutions, loans, and peer-to-peer transfer of assets are being made easy and fast for the customers.
Hence, the information of the CIF number is like gold dust for the FinTech companies.
The CIF number with self-learning algorithms can do wonders to transform the financial services sector.
In today’s world, where online frauds are the order of the day, financial data security is the need of the hour. It is time to segregate data and work more upon data privacy. CIF number is the key here.
Turkey Bans Cryptocurrency. Will India Follow?
Is this the beginning of the end of cryptocurrency? Or are the Turks just joking around?
Cryptocurrency is seeing a new high every single day.
A cryptocurrency like Dogecoin, which was started as a joke around the meme origin ‘doge’, is worth more than Ford today.
Morgan Stanley to Elon Musk’s Tesla- all the big companies, are overhauling their asset cycles to accommodate for cryptocurrency.
Cryptocurrency is custodian to more than $1.3 trillion of wealth by its investors.
All was going well for the cryptocurrencies. But the Turks spilled the beans to the world.
Is the ban on cryptocurrencies by Turkey an eminent move to disrupt and defame cryptocurrencies at the world stage?
Or is it just a passing shower?
Will this move by Turkey, possibly followed by a few others, send tremors down the spine of the Indian cryptocurrency exchanges?
Does the ever-confused Indian government on cryptocurrency see Turkey as the torchbearer?
Before diving into so much, we first need to know what exactly transpired in Turkey.
What if the Turks still hold cryptocurrencies after this ban? Can they still hold it?
If yes, then is the Turkish government just joking around with this ban?
Turkey Bans Cryptocurrency Payments
The Central Bank of the Republic of Turkey (CBRT) decided to ban the use of cryptocurrencies as a mode of payment. This was declared on April 16, 2021, and will be effective from April 30, 2021.
The ban was imposed because the Turkish government feared that cryptocurrencies could be used for illegal activities.
The Turkish central bank mentioned the following points in its press release, citing the reasons provoking this ban.
Well, this is hysterical.
The regulator itself has said that there are no regulations.
And hence, it wants to ban payments in cryptocurrencies.
“Cryptocurrencies are neither subject to any regulation and supervision mechanisms nor a central regulatory authority”, is what the first point of the press release reads.
The inclusion of this point, that too, as the first one, signifies the uncertainty and indecision that is around in the world regarding cryptocurrencies.
It is like saying- ‘we want to ban it because we don’t know what it is and how to regulate it’.
A few intelligent points followed next.
The cryptocurrencies are extremely volatile in their price.
This is because there is uncertainty over supply of a cryptocurrency as it is in the hands of the miners. The demand fluctuates when an influential person vouches for a particular crypto coin.
Hence, the equilibrium between demand and supply of cryptocurrencies is always disrupted.
“Their market values can be excessively volatile”, says the CBRT press release.
Cryptocurrencies have been used for funding terrorist activities and other illegal acts in the past.
This is a concern worldwide and Turkey, too, has given emphasis on it due to the cryptocurrencies’ “anonymous structure”, as per the CBRT.
But one can argue, “Is fiat currency not involved in terrorist activities?”
Every good thing that scales up to a larger proportion invites some trouble with it.
The internet is used worldwide for good purposes. But, the same internet enables a terrorist sitting in Afghanistan to coordinate with another in the USA.
Hence, though important, this stance of the Turkish government can be questioned.
Security Of The User’s Funds
The CBRT believes that “the wallets can be stolen or used unlawfully without the authorization of their holders.”
This is a valid observation, as all the cryptocurrency trading platforms and exchanges are hosted by a third party user-interface provider, or a server, or a website hosting service; whatever you want to call it, without bothering to be technically correct.
These platforms or exchanges can vanish away from the internet anytime. And it has happened in the past.
Scrupulous activities in user’s cryptocurrency wallets is not a new thing.
This has nothing to do with the blockchain technology- the inherent technology on which cryptocurrencies are based. The blockchain technology is foolproof in nature.
“It is considered the use in payments may cause non recoverable losses for the parties to the transactions due to the above-listed factors, and they include elements that may undermine the confidence in methods and instruments used currently in payments,” the CBRT said.
The inherent blockchain technology makes it impossible for the transactions to be reversed once executed.
Now, this is a good facet of any transaction, isn’t it?
Reversible or revocable transactions are the medium for financial scams and frauds.
This is again one of those points which raises questions over the CBRT’s decision to ban cryptocurrency transactions.
What Did Turkey Ban?
Turkey has banned cryptocurrency from being used as a medium of exchange for digital transactions. Making payments to buyers and sellers in cryptocurrencies is banned.
You can still buy, hold, trade and earn cryptocurrencies in Turkey.
What kind of a ban is this- you might wonder?
“This looks like a fuzzy ban”, you might say.
And that is what it is.
“Users won’t have a hard time making investments in digital currencies, business will go as usual”, Kemal Kilicdaroglu, leader of Turkey’s main opposition party CHP said. “This mainly targets electronic payment systems”, he added.
This ban is like handcuffing the chauffeur of a killer. And getting praises from the victim’s family.
The Turkish cryptocurrency enthusiasts (sarcastically) must be like- “So the Turkish government thinks that Turkey is the only place in the world which can accept cryptocurrency payments” and “Elon Musk is a fool”.
Kemal Kilicdaroglu criticized the government in a tweet for failing to discuss the ban with the opposition and all other cryptocurrency participants before announcing it.
The regulation should have been “communicated in a better way given the level of disinformation,” said Ozgur Guneri, chief executive officer of BtcTurk, one of Turkey’s largest cryptocurrency platforms in terms of number of clients.
Ways Out For Turkish Cryptocurrency Holders
It is not the end of the world for the Turkish cryptocurrency holders.
Cryptocurrencies can be transferred to any other user- be it from any other country.
Payments in cryptocurrency can still be made if you are purchasing goods or services from any other country where cryptocurrency payments are accepted.
If you happen to travel in any such country, you can spend your cryptocurrencies there, keeping your Turkish fiat currency intact.
Will India Follow?
As per reports, India is planning to ‘ban’ cryptocurrencies in the ‘near future’.
But there are two questions looming over:
What will the ‘ban’ really ban? And how near is ‘near future’?
Trading and buying of cryptocurrencies was banned in India for a brief period till March 2020. But Indians still held their existing cryptocurrencies safely in Indian as well as international crypto wallets during this period of ban.
The cryptocurrencies could also be transferred to one another, and also to foreign goods and services providers as a medium of exchange during this period.
This ban was lifted by the Supreme Court of India in March 2020.
But, something more is in the making this time around.
The Ministry of Corporate Affairs (MCA) has drafted a bill proposing to ban buying, trading and holding of cryptocurrency. If this bill is passed by the Indian Parliament, India will become the first leading nation of the world to ban holding of crypto assets.
This will be a big setback for the cryptocurrency investors. This will be like a bombing on the booming cryptocurrency industry in India.
The Reserve Bank of India has plans to come up with an inhouse cryptocurrency and wants to tap on the blockchain technology.
Confusion, confusion! So you want to ban cryptocurrencies; but you also want to have your own cryptocurrency.
Well, let’s wait and watch how things unfold.
Blockchain – The Technology
Uncertainty looms over the future of cryptocurrencies in India. But, the same cannot be said for blockchain as a technology.
All cryptocurrencies run on blockchain.
The world wants to move to a decentralized platform to transact. And blockchain is the answer to it.
Also, it must be noted that blockchain, or even cryptocurrencies are not country specific. They are universal and global.
So, it is like the internet. Countries can ban a few websites on the internet, but no country can ban the internet.
Something similar can happen in the cryptocurrency space as well.
Countries can ban a few cryptocurrencies, or modify a few as per their use-cases. But, no country will ban the blockchain. And cryptocurrencies are good friends with blockchain.
Infact, it is a ‘jeeyenge to sath me, marenge to sath me’ relation between the two.
So, it is a vicious circle.
Though banned, cryptocurrencies will keep on evolving. It is a global issue which the nations want to deal with individually. How long will it sustain?
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