The proposals in Finance Bill 2023 regarding Income-tax amendments could be broadly thought of to have obtained combined reactions from the high-net-worth particular person (HNI) group. While the transfer of lowering the best surcharge price from 37% to 25%, successfully lowering the whole tax price from 42.74% to 39% was broadly celebrated; the restriction imposed on capital good points exemptions to INR 100mn with respect to reinvestment in residential property and improve in TCS price on overseas remittances to twenty% have left a bitter-sweet style.
The Government had launched sections 54 and 54F below the Income Tax Act, 1961 to offer aid from taxability of long-term capital good points to Individuals and HUFs from the sale of residential home property or some other asset respectively, the place such long-term capital good points have been reinvested in residential home property inside specified closing dates. The mentioned aid/exemption till now was allowed with none restriction/cap based mostly on reinvestment standards.
The major intent behind offering the mentioned exemption was to mitigate the difficulty of acute scarcity of housing and provides an impetus to house-building exercise. However, repercussions of the COVID-19 pandemic which result in hybrid work mode resulted in a spike in curiosity in luxurious homes by HNI’s. Further, it was noticed that claims of big deductions by HNIs have been being made below these provisions, by buying very costly residential homes. Also, in a number of enterprise capital and personal fairness transactions, the promoter sellers being Individuals and HUFs saved taxes on long-term capital good points from exits by investing in residential home properties.
Hence, the identical was defeating the very function of permitting exemptions. Also, allowance of exemption with none cap additionally results in most of HNIs’ wealth getting centered within the residential actual property sector which in flip resulted in a excessive spike in dwelling costs being in demand from HNIs thereby laying aside center/ salaried class consumers who longed for reasonably priced homes.
Accordingly, with a view to plug the hole and permit the rightful exemption to taxpayers from long-term capital good points taxability, the restrict of claiming deduction by the use of reinvestment in residential home property is proposed to be capped at INR 100mn.
The mentioned transfer from the Government will also be considered from the angle of widening the tax base which was additionally one of many seven focus factors of the Budget. In this regard, it’s noteworthy to look at that as per a survey carried out by India Sotheby’s International Realty, which sought responses from over 200 HNIs, 89% (out of the 76% that responded in affirmative) mentioned that they might look to purchase residential property somewhat than industrial property. Further, throughout the selections of shopping for residential actual property, a metropolis residence within the vary of INR 100-250mn topped the charts, being 34%. The survey additional indicated that 67% of HNIs have been planning to purchase a luxurious property within the subsequent two years.
Separately, latest developments replicate the excessive curiosity of the HNI group within the abroad actual property market with vital investments. It is noteworthy to say that as per the Asia-Pacific Wealth Report, statistics level to Indians being the best traders in overseas actual property, with a 50% share. Also, the latest information on actual property investments within the UAE in 2022 reveal the sale of residential properties to Indians amounting to INR 355,000mn, being 40% of the market share.
Being cognizant of those newest developments, the Government has additionally proposed to extend the speed of Tax Collection at Source (TCS) from 5% for remittances exceeding INR 7lakhs to now 20% with none remittance restrict. The mentioned transfer has left the HNI group sweating contemplating the heavy impression it can have on abroad actual property investments.
To summarise, the proposal capping capital good points exemption to INR 100mn could be rightly seen within the path of upholding the target to arrest the unbridled rise in property costs and mitigate acute housing scarcity in keeping with Pradhan Mantri Awas Yojna; whereas on the identical time increasing tax base for the Government within the ever-expanding untapped actual property market dominated by HNIs. Further, it might even be fascinating to look at the unfolding impression of the proposed improve in TCS price to twenty% on abroad actual property funding.
Author: Niranjan Govindekar, Partner – Tax & Regulatory Services and Hemlata Bhungare, Director – Tax & Regulatory Services, BDO India
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