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This book is a complete guide to all matters pertaining to the taxation of real estate developers & joint development arrangements from an income tax & accounting perspective. This book addresses the tax issues relating to the following: • Land Owner • Developer • Other Stakeholders, such as Flat Owners or Buyer of Real Estate The Present Publication is the 6th Edition and has been amended by the Finance Act 2023. This book is authored by Dr Raj K. Agarwal & Dr Rakesh Gupta with the following noteworthy features: • [Critical Income Tax Issues] relating to the following are covered: o Determination of the year of transfer of capital asset o Value of sale consideration in the case of joint development of the real estate, particularly when a joint development agreement is drafted in a complex manner • [Analysis of Provisions] o Section 2(47), i.e., the definition of ‘Transfer’ of Capital Asset o Section 45(2), i.e., the Conversion of Capital Assets into Stock-in-trade o Section 50D, i.e., the Fair Market Value deemed to be the Full Value of Consideration o Deeming Provisions of Sections 43CA, 50C, 56(2)(x)(b) & 23(5) o Section 80-IBA, i.e., the granting of deductions to developers for the construction of affordable housing • [Analysis Chargeability of Capital Gains on Transfer of Asset in the hands of Land Owner] under sub-section (5A) to Section 45 of the Income Tax Act, 1961 • [Attraction of Capital Gains Tax Liability] in case of transfer of Agricultural Land • [Analysis of various Judgments of ITAT & High Courts] applicable to the Land Owner and Real Estate Developer in the case of Joint Development of Real Estate • [In-depth Analysis of Guidance Note] on Accounting for Real Estate Transactions (Revised 2012) issued by the ICAI, applicable to Real Estate Developer • [Analysis of Applicability of the Principle of Revenue Recognition] to Real Estate Developer at different points in time • [Analysis of Applicability of Income Recognition] to Real Estate Developer under IFRS & ICDS Regime The detailed contents of the book are as follows: • Joint Development Arrangement for Real Estate • Tax Issues for Real Estate Developers • History of Accounting Standards Applicable to Real Estate Developers • Analysis of Guidance Note on Accounting for Real Estate Transactions (Revised 2012) • Revenue Recognition for Real Estate Developers under IFRS • Impact of Income Computation and Disclosure Standards (ICDS) • Tax Issues for Real Estate Owners • Capital Asset vs Business Asset • Analysis of Provisions of Section 45(2) regarding Conversion of Capital Asset into Stock in Trade • Analysis of Provisions of Section 2(47) • Analysis of Provisions of Section 50D • Analysis of Provision of Section 45(5A) • Taxability of Capital Gain Arising on Transfer of Agriculture Land • Analysis of the Provisions of Section 50C, Section 43CA, Section 56(2)(x)(b) & Section 23(5) • Analysis of Provisions of Section 80-IBA
This book is an authoritative guide that addresses the multifaceted tax and accounting challenges specific to joint development arrangements in the real estate sector. It is helpful for tax professionals, real estate developers, accountants, and legal advisors to understand the complex domain. The Present Publication is the 7th Edition and has been amended by the Finance (No. 2) Act, 2024. This book is authored by Dr Raj K. Agarwal & Dr Rakesh Gupta with the following noteworthy features: • [Comprehensive Analysis] This book covers critical aspects such as: o Determination of the year of transfer o Valuation of sale consideration o In-depth interpretations of key provisions like: § Section 2(47) on the definition of 'Transfer' § Section 45(2) on the conversion of capital assets into stock-in-trade § Section 50D on fair market value considerations • [Key Legal Provisions Explained] o Section 45(5A) – This Section, introduced by the Finance Act, 2017, is important for understanding the chargeability of capital gains on asset transfers in joint development scenarios. The book provides a detailed analysis of this provision, including its practical application and the resulting tax implications for landowners o Deeming Provisions [Sections 43CA, 50C, 56(2)(x)(b), and 23(5)] – A thorough analysis of these sections clarifies their impact on property valuation and taxability, especially within the framework of joint development agreements o Section 80-IBA – The book analyses the eligibility criteria, procedural requirements, and strategic considerations for developers seeking deductions for affordable housing projects • [Judicial Insights and Case Law Analysis] An important feature of the book is its detailed review of recent ITAT and High Courts judicial pronouncements, providing insights into how various tax provisions have been interpreted in real estate contexts. This Section guides practitioners through the nuances of legal precedents, highlighting both established interpretations and areas of ongoing controversy • [Accounting Standards and Revenue Recognition] The book dedicates a substantial portion to addressing accounting challenges specific to real estate developers. It provides an in-depth analysis of the Guidance Note on Accounting for Real Estate Transactions (Revised 2012) issued by the ICAI. It discusses the application of revenue recognition principles under both IFRS and ICDS. Key topics include the timing and methods of revenue recognition, valuation of inventory and work-in-progress, and the impact of income computation standards on financial reporting • [Sector-Specific Tax Challenges] Beyond general tax issues, the book discusses sector-specific scenarios such as the taxability of retention money, demolition costs, rental income from stock-in-trade, and the treatment of advances and cancellations in real estate bookings. It provides practical guidance on how to handle these unique situations, supported by relevant case studies and examples • [Practical Tools | Examples | Case Studies] Designed as a hands-on guide, the book includes practical examples, detailed case studies, and real-world scenarios that illustrate the application of complex tax laws and accounting standards. These valuable tools are intended to help professionals implement best practices in structuring joint development agreements and managing tax compliance effectively • [Updated with Latest Amendments and Controversies] Reflecting the most recent changes brought by the Finance (No. 2) Act, 2024, the book includes a focused discussion on contentious issues arising from Section 45(5A) and other key provisions The structure of the book is as follows: • Nature and Structure of Joint Development Arrangements o Explores the various forms of joint development agreements, their structuring, and the significant tax and legal implications for landowners and developers • Methods of Accounting for Real Estate Developers o Discusses the pros and cons of the Completed Contract Method (CCM) and the Percentage of Completion Method (PCM), including judicial perspectives on the appropriateness of each method • Application of Accounting Standards o Provides detailed guidance on the relevant accounting standards, including AS-7 and AS-9, with specific focus on their applicability and compliance requirements for real estate developers • Impact of ICDS and IFRS on Real Estate Transactions o Examines the implications of Income Computation and Disclosure Standards (ICDS) and International Financial Reporting Standards (IFRS) on the financial and tax reporting of real estate projects • In-depth Analysis of Capital Gains and Other Tax Provisions o Covers the critical tax implications of converting capital assets into business assets, the applicability of Section 50C in property transactions, and strategies for managing capital gains tax liabilities in joint development arrangements • Practical Insights and Case Studies o Real-world case studies and practical insights provide valuable lessons on managing tax liabilities and optimizing accounting practices, making this book a valuable day-to-day reference for professionals
Tax and Estate Planning with Real Estate, Partnerships and LLCs covers important real estate tax law and estate planning issues. There are more than 200 examples that explain concepts that, because of complexity or other difficulties are hard to absorb in narrative form only. This work is divided into fifteen substantive areas. Topics discussed include the following: tax issues related to primary and secondary personal residences; tax issues applicable to partnerships with most of the focus on limited partnerships as the historically favorite vehicle for investing in real estate; limited liability companies, also a favorite vehicle for real estate investments; passive loss limitations and "at risk" provisions; real estate investment trusts (REITs); tax issues related to the disposition and restructuring of "distressed" real estate (a topic made timely by the recent credit meltdown); like-kind exchanges, one of the best tax saving mechanisms remaining in the Internal Revenue Code; tax consequences associated with involuntary conversions of property; tax issues applicable to the construction, improvement and leasing of real estate; capital gains and installment sale issues; tax issues related to charitable transfers of real estate; asset protection techniques in conjunction with real estate; tax issues related to exempt organization ownership of real estate; estate planning ideas related to real estate; discount and valuation issues in estate planning. Also covered is how the intersecting tax and estate planning issues affect non-U.S. citizens who find themselves subject to U.S. taxation and estate planning issues of interest to U.S. citizens with interests abroad. Transfer tax and recordation tax issues are also discussed.
Tax and Estate Planning with Real Estate, Partnerships and LLCs includes more than 200 examples that clarify difficult issues; easy-to-use footnote references for virtually every statement; and abundant paragraph headings that concisely describe the topics under discussion.
About the book The purpose of this book is to enable the taxable person to understand the applicability and impact of GST provisions with respect to the Real Estate Industry. The comprehensive and in-depth practical knowledge of the four authors would help in implementation of the provisions in an easy manner. This book is divided into eight parts as follows: Part 1 - Introduction and Overview Part 2 - GST impact analysis on real estate developers: Complex Developers, Joint development, contractors and other income. Part 3 - Detailed operational law containing classification, registration, tax credits, documentation, payments etc. Part 4 - Detailed procedural law containing assessment, audit, advance ruling, appeals, penalties, demands etc. Part 5 - Tax planning avenues, GST and RERA, Transitional provisions Part 6 - Disputes and department actions, [focussing on possible dispute area & resolution]. Part 7 - Role of Professionals from GST audit and tax planning perspective. Part 8 - Miscellaneous: 220+ FAQs and filled forms. Appendices containing FAQs released by CBIC and Important Notifications. Key Features Detailed and practical analysis of the GST provisions with case laws pertaining to the real estate industry. Covering all possible dispute areas along with their resolutions. Detailed analysis of the tax planning aspect. Covering extensive FAQs for removal of doubts. Blank as well as filled forms for better understanding. Detailed discussion on the role of professionals on how they can help in various GST matters. Visit http://bit.ly/GSTrealestate for Free online updates and important information.
Black & white print. Principles of Management is designed to meet the scope and sequence requirements of the introductory course on management. This is a traditional approach to management using the leading, planning, organizing, and controlling approach. Management is a broad business discipline, and the Principles of Management course covers many management areas such as human resource management and strategic management, as well as behavioral areas such as motivation. No one individual can be an expert in all areas of management, so an additional benefit of this text is that specialists in a variety of areas have authored individual chapters.