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

Surrender ULPPs

  ICICI Pru LifeTime and ICICI Pru Lifestage are Unit Linked Pension Plans. Such insurance linked retirement plans are neither good investments nor do they offer sufficient insurance cover. As you can see, these have turned out to be bad deals. In the Lifetime plan, the fund value is not even equal to the total premiums that you have paid and in the Lifestage plan your return is just about 6% which is quite low. The mortality charges are as per your age which is why they have increased. Moreover, once these plans matures, you will have to compulsorily opt for annuity (regular income) and the annuity rates are generally modest. Assuming these plans mature in the next one year, it will be wise to surrender the plan now and curb your future commitments.   Before you choose to buy a term plan, you have to consider a few points. You need to insure yourself, only during the time you are working and your family is financially dependent on you. At the age of 59, not all insurance companies w...

ICICI Pru Constant Maturity Gilt dividend

Invest ICICI Prudential Constant Maturity Gilt Fund Online ICICI Prudential Mutual Fund   has announced dividend under the following schemes: Scheme Dividend ( R /unit) ICICI Pru Constant Maturity Gilt-DQ 0.26543239 ICICI Pru Constant Maturity Gilt Direct-DQ 0.27171609 ICICI Pru Q Interval Plan I-D 0.10617296 ICICI Pru Q Interval Plan I Direct-D 0.10703967 ICICI Pru Q Interval Plan I Ret-D 0.10617296             The record date has been fixed as June 13, 2016.   ----------------------------------------------- Invest Rs 1,50,000 and Save Tax under Section 80C. Get Great Returns by Investing in Best Performing ELSS Mutual Funds Top 10 Tax Saver Mutual Funds to invest in India for 2016 Best 10 ELSS Mutual Funds in india for 2016 1. BNP Paribas Long Term Equity Fund 2. Axis Tax Saver Fund 3. Franklin India TaxShield 4. ICICI Prudential Long Term Equity Fund 5. IDFC Tax Advantage (ELSS) Fund 6. Birla Sun Life Tax Relief 96 7. DSP BlackRock Tax Saver Fund 8. Reliance Tax Saver (ELSS) ...

SBI MAGNUM MIDCAP ONLINE

Invest SBI MAGNUM MIDCAP ONLINE   SBI MAGNUM MIDCAP fund didn't fare well in its initial years but, in recent years, has steadily improved its performance under the capable hands of its current fund manager. Although investing predominantly in mid-cap stocks, the average market capitalisation of its portfolio is lower than other category peers.   Although the stock selection approach is mostly bottom-up , the fund manager doesn't shy away from taking bold sector bets , as is reflected in its large exposure to the healthcare sector. She is equally adept at handling performance across market cycles--the fund has captured more of the upside during market upticks and contained the downside during downturns in a better manner than its peers.   Given its superior risk-reward equation, the fund is a worthy pick in its category.     ----------------------------------------------- Invest Rs 1,50,000 and Save Tax under Section 80C. Get Great Returns by Investing in Best Performing EL...

Sundaram Mutual Fund new plan Sundaram Fixed Term Plan CJ

Sundaram Mutual Fund has announced the launch of a new fund named as Sundaram Fixed Term Plan CJ. The new issue will be closed for subscription on January 30. --------------------------------------------- Invest in Tax Saving Mutual Funds ( ELSS Mutual Funds ) to upto Rs 1 lakh and Save tax under Section 80C.   Invest Tax Saving Mutual Funds Online Tax Saving Mutual Funds Online These links can be used to Purchase Mutual Funds Online that are regular also (Investment, non-tax saving)   Download Tax Saving Mutual Fund Application Forms from all AMCs Download Tax Saving Mutual Fund Applications   These Application Forms can be used for buying regular mutual funds also   Some of the best Tax Saving Mutual Funds available are: 1. HDFC TaxSaver 2. ICICI Prudential Tax Plan 3. DSP BlackRock Tax Saver Fund 4. Birla Sun Life Tax Relief '96 5. Reliance Tax Saver (ELSS) Fund 6. IDFC Tax Advantage (ELSS) Fund 7. SBI Magnum Tax Gain Scheme 1993 8. Sundaram Tax Saver   -...

Group Health Insurance

Buy Group Health Insurance Online   For Human Resources, the biggest challenge today is to decide whether medical benefits should be offered to employees or not, what type of plans should be offered, what will be the cost and how will the cost be split between employees and employer. Well, most of these are subjective and would depend on a lot of factors including company size, average employee salary, etc. However, this article will give you a fair idea on how you should go about deciding these factors: 1. Why offer group health insurance benefit to employees : Studies have proved that retention rates among employers offering GHI are much higher than the ones who are not offering. Moreover, the cost of providing this benefit as a percentage of salary is very low as compared to the perceived value. As an example, say if average salary of an employee in your organization is 4 LPA. If you decide to offer a health insurance benefit to him for a Sum insured of ...
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