Skip to main content

Gift Tax in India

Best SIP Funds Online 


Receiving gifts can be exciting. However, it may come with its tax implications. In fact, gifts (i.e. monetary or non-monetary) received by any person [including an individual or Hindu Undivided Family (HUF)] are considered as taxable for the recipient as income from other sources at applicable tax slab rates. These are taxable if the value of such gift exceeds Rs 50,000. For non-monetary gifts such as immoveable property, shares etc. even a sale transaction can result in a deemed gift income. This would arise when on transfer of such properties (whether moveable or immoveable), there is a shortfall in consideration actually paid for the sale as compared to the stamp duty value (for immoveable property) / fair market value (for moveable property). Such a shortfall would be regarded as income for the buyer if the shortfall exceeds Rs 50,000

The exception to such taxable gifts is applicable under the following scenarios:

Gifts from specified relatives

Any gift received from specified relatives is not subject to tax in the hands of the recipient. Such specified 'relatives' would be your spouse, brother/sister of self/spouse/parents, lineal ascendants or descendants of self/spouse as well as the spouses of all these persons. For an HUF, a specified 'relative' would be a member of the HUF.

However, please note that at times, clubbing provisions may apply. For example, if one spouse gifts Rs 10,00,000 to the other spouse, there is no tax to be paid by the recipient spouse on receipt of gift of Rs 10,00,000. However, when there is any subsequent income generated from the gift/investment of such gift, the said income would be clubbed and offered to tax in the hands of the donor spouse. Clubbing provisions would also apply if a Karta of a HUF gifts to the HUF or parent(s) gifts to minor children, etc

Gifts received on the occasion of individual's marriage

Any amount received as a wedding gift is not taxable in the hands of the recipient, either from the relative or non-relatives.

Other exclusions

Some of the other exclusions include gifts received:

# Under a Will

# By way of inheritance

# In contemplation of death of the payer/donor

# From any defined local authority

# From any fund, foundation, university, other educational institution, hospital or other medical institution

# As distribution of assets on partial or total partition of HUF

# On certain specified corporate actions

# From a trust set up solely for the benefit of the relative of the individual.

Additionally, in case you receive gifts (whether monetary or non-monetary) from your employer, in aggregate exceeding Rs 5,000 per annum, this is taxable as perquisite under the head 'Income from salary' for the employee.

Further, there are general penal provisions for transactions in cash (i.e. transactions conducted other than by cheque/ draft/ other banking channels, etc.) if such transactions are in excess of Rs 2,00,000. These penal provisions would also cover cash gifts. Also, gifts received by employees valuing more than Rs 50,000 from the employer may be subject to Goods and Services Tax (GST) for the employer

Some illustrative examples of gift taxation are as follows:

# Mr. X received a cheque of Rs 84,000 from a friend on his birthday.

The full amount of Rs 84,000 will be taxable as a gift as it is neither received from a specified relative or on occasion of marriage.

# Mr. A purchased a flat for a consideration of Rs 45,00,000 from an unrelated person. The stamp duty value of such flat is Rs 46,00,000.

As the difference in the stamp duty value and agreed consideration is more than Rs 50,000, this difference (Rs 1,00,000) would be taxable in the hands of Mr. A.

You, however, need to remember that gifts have been widely used in India as a tax planning measure to reduce taxes. Tax authorities, therefore, often probe gifts to establish their authenticity and the legitimacy of the sources of funds out of which gifts have been given. Hence, it would be prudent to maintain related documents to show that the gift has been genuinely received and the person giving the gift has sufficient sources of funds to justify the gift.



SIPs are when Stock Market is high volatile. Invest in Best Mutual Fund SIPs and get good returns over a period of time. Know Top SIP Funds to Invest Save Tax Get Rich

For further information on Top SIP Mutual Funds contact Save Tax Get Rich on 94 8300 8300

OR

You can write to us at

Invest [at] SaveTaxGetRich [dot] Com

Popular posts from this blog

L&T Growth

Invest in Mutual Funds Online Download Mutual Fund Application Forms   L&T Growth Fund (LTGF) is open-ended diversified equity fund that invests predominantly in large caps. LTGF follows the growth style of investing and has been in existence for over 10 years now.   Type of scheme Open-ended Category Diversified equity Sub-category Large Cap Style Growth Launch date September 17, 2001 Risk-Return proposition High risk-Average return   Investment Objective and Proposition The fund's primary investment objective is "generate long term capital appreciation income through investments in equity and equity related instruments; the secondary objective is to generate some current income and distribute dividend. However, there is no assurance that the investment objective of the scheme will be achieved." Following large cap ...

Mutual Fund Exit Load Changes

Download Tax Saving Mutual Fund Application Forms Invest In Tax Saving Mutual Funds Online Buy Gold Mutual Funds Leave a missed Call on 94 8300 8300 Mutual Fund Exit Load Changes AMCs don't communicate about any change in exit load directly with investors, but do update on their website   The exit load applicable to your investments is the load which existed at the time when you invested in the particular fund. Any subsequent changes in the exit load will not be applicable to your investments.   However, Asset Management Companies ( AMCs ) periodically publish addendums in the newspapers, which state any change in exit loads of specific schemes managed by them. Such changes are also posted on their websites. However, a direct communication to an investor is not made, considering the costs involved in doing so. In their own interests, investors should not only track the performance of the funds they i...

Franklin India High Growth Companies Fund

Franklin India High Growth Companies Fund Online One of the key developments that the Street is keenly waiting for is a cut in interest rates by Reserve Bank of India . With demand rising gradually, a rate cut is expected to boost earnings growth for companies. In such a situation, schemes which invest in high growth companies are best suited, especially when seen from a long-term perspective. One such scheme is Franklin India High Growth Companies Fund. Fund managers Anand Radhakrishnan, Roshi Jain and Srikesh Nair strictly follow valuation parameters when it comes to choosing stocks.Valuation parameters, such as enterprise value, price-to-earnings growth ratio, forward price-to-sales ratio and discounted earnings per share, play a critical role in selecting companies for investments. Taking into account these parameters, the fund managers invest in companies which are poised for high growth in their respective sectors. This approach has been in favour of the scheme and it has perform...

Gold ETFs - Tracking Error

Invest in Mutual Funds Online Download Mutual Fund Application Forms At present, there are 13 gold ETFs and three gold funds of funds OVER the past few years, gold-backed exchange traded funds ( ETFs ) have emerged as preferred investment tools for people who want to take advantage of the price rise in the metal without the hassles of physically buying it and preserving it. Since 2007, when the first gold ETF-benchmark BeES was launched in the country, there has been a steady increase in the investments going into this paper gold. In the past four years, several fund houses launched their gold ETFs and some of them have even launched gold fund of funds, which invest in gold ETFs. At present, there are 13 gold ETFs and three gold fund of funds. Though all these funds have gold as the underlying asset and they closely track the price movement in the commodity, the net asset value (NAV) of a gold ETF does not exactly reflect the value of the physical gold and the return...

Debt Mutual Fund Dividends are Taxable

DDT is deducted when a non-equity fund declares dividends. Equity and balanced fund dividends are tax-free The AMC is correct to deduct the dividend distribution tax (DDT) as it is mandated by tax laws. DDT in mutual funds is deducted every time a non-equity fund declares dividends. Equity fund and balanced fund dividends are tax-free . It is possible that you have invested in a non-equity fund for the first time or have received the dividend under a non-equity fund for the first time. That is why this is the first occasion when you have come across DDT.   The rate at which non-equity schemes deduct DDT has also gone up after the July 2014 budget. This is due to a change in calculation methodology. Earlier, if the fund has to declare a dividend of R 100, it used to make a provision for R 128.3, paying R 28.3 to the taxman and distributing the balance to the investor. This allowed the investor to bear less tax since the effective tax rate was 22.07 per ce...
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now