Full Value of Consideration for Capital Asset Transfer

The “Full Value of Consideration” (FVC) is the total amount received or receivable when a capital asset is transferred. It is crucial for calculating capital gains tax under Section 48 of the Income Tax Act, 1961.

1. What is Included in Full Value of Consideration?

COMPONENT DESCRIPTION EXAMPLE
Sale Price Actual amount received from the buyer ₹50L for a property
Advance Received Earnest money or booking amount ₹5L advance before registration
Compensation Amount received for compulsory acquisition ₹30L from government for land acquisition
Fair Market Value (FMV) Deemed value if sale is undervalued (Section 50C) Stamp duty value used if sale price is lower
Non-Monetary Consideration Value of assets/services received in exchange Shares worth ₹20L received for land transfer
Debt Assumption Liability taken over by buyer Buyer pays ₹10L home loan on behalf of seller

2. Special Valuation Rules

A.  Section 50C – Immovable Property

  • If the sale price < stamp duty value (SDV), the higher value (SDV) is consideredas FVC.
  • Exception: If SDV exceeds sale price by ≤ 10%, sale price is accepted.

Example:

  • Sale Price: ₹80L
  • Stamp Duty Value: ₹90L
  • Taxable FVC: ₹90L (since difference > 10%)

B.  Section 50D – Unascertainable Consideration

  • If consideration cannot be determined, FMV is taken as FVC.
  • Applies to barter transactions, swaps, or deferred payments.

C.  Section 56(2)(x) – Undervalued Gifts

  • If an asset is received for inadequate consideration, FMV is considered for tax.

3. Exclusions from FVC

  • Brokerage/Commission(deductible under Section 48)
  • Unrealized Gains(if payment is deferred)
  • Personal Gifts(if genuine and not a disguised sale)

4. Practical Example

Scenario: Mr. X sells a property:

  • Agreement Value: ₹1.2 Cr
  • Stamp Duty Value: ₹1.35 Cr
  • Advance Received: ₹10L
  • Buyer Takes Over Loan: ₹20L

FVC Calculation:

  • Higher of sale price (₹1.2Cr) or SDV (₹1.35Cr) → ₹1.35Cr
  • Add: Debt assumption (₹20L) → Total FVC = ₹1.55Cr

Taxable Capital Gain:

FVC (₹1.55Cr) – (Indexed COA + Improvement Cost + Transfer Expenses)

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