Taxmann Taxation of Real Estate Developers & Joint Development Arrangements with Accounting Aspects By Raj K. Agarwal , Rakesh Gupta Edition August 2024

Taxmann Taxation of Real Estate Developers By Raj K. Agarwal

Taxmann Taxation of Real Estate Developers By Raj K. Agarwal

Description

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 7^th 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:
  • Determination of the year of transfer
  • Valuation of sale consideration
  • 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]
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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

About the author

Raj K. Agarwal

Dr. Raj K. Agarwal has been meritorious throughout his academic career. He has done M.Com, LL.B. and Ph.D. and is Fellow member of Institute of Chartered Accountants of India and Institute of Company Secretaries of India and Associate Member of Institute of Cost & Works Accountants of India. Having practised as Chartered Accountant for more than 25 years as senior partner in M/s. Rakesh Raj & Associates, presently he is practicing as an advocate at Delhi High Court. He has wide experience of handling Income Tax search cases and has poured his practical experience in the form of this well researched book. He has been associated with the academic activities of the Institute of Chartered Accountants of India representing various committees of the Institute and with the Institute of Company Secretaries of India representing its Northern India Regional Council as Chairman in the year 2003. He has been contributing articles and addressing various seminars on topics relating to income-tax, accounting and auditing.

Rakesh Gupta

Dr. Rakesh Gupta is a law graduate and Fellow Member of Institute of Chartered Accountants of India and Institute of Company Secretaries of India and Associate Member of Institute of Cost & Works Accountants of India. He has done Ph.D. He was awarded gold medal in LL.B. examination by the University. He along with Dr. Raj started practicing as chartered accountant in the year 1984 in the firm M/s. Rakesh Raj & Associates. He was selected as Member of Income Tax Appellate Tribunal in the year 2000 and thereafter he resigned from the service and started practicing as an advocate as senior partner of M/s. RRA TaxIndia at Delhi representing income-tax cases before various High Courts and before Supreme Court of India. He is a prolific speaker and has been contributing to the profession by addressing various seminars on regular basis on legal and practical topics relating to Income Tax. He has been contributing articles in various professional magazines, writing column in newspapers and making appearances at T.V. channels.