• Oct
  • 09
  • 2014

Taxability of Gift received by an individual or HUF with FAQs

It is important to note that such gifts received could have tax implications in the hands of the recipient; therefore, one needs to exercise caution so that he is not caught unawares.

Sum of money:-As per the provisions of the I-T Act, 1961 (the Act), any sum of money received by an individual or a Hindu undivided family in a particular financial year, without consideration, the aggregate value of which exceeds Rs 50,000 is taxable.
Immovable Property:
Effective October 1, 2009, the scope of the taxability provisions in respect of the gifts has been enlarged to include immovable property, including land or building or both. If any immovable property is received without consideration, whose stamp duty value exceeds Rs 50,000, the stamp duty value of such property would be taxable.

If any immovable property is received for a consideration which is less than the stamp duty value of the property by an amount exceeding Rs 50,000, the stamp duty value of such property would be taxable.

Other gifts:-
Similar to the immovable property, certain other gifts received w.e.f October 1, 2009, has also been brought under the tax net. These include shares and securities, jewellery, archeological collections, drawings, paintings and sculptures as specified under the Act. In these cases, if the aggregate fair market value of the benefit received by way of a gift exceeds Rs 50,000, the same would be taxable.

Exceptions to the rule :- It is pertinent to note that the tax law does provide for certain exceptions which are worth noting as these provide substantial relief to individuals/HUF under normal day-to-day circumstances. These include:

Gifts from relatives :
-Gifts received from any relative, as defined under the Act, is not taxable. Relatives include spouse of the individual; brother or sister of the individual; brother or sister of the spouse of the individual; brother or sister of either of the parents of the individual; any lineal ascendant or descendant of the individual; any lineal ascendant or descendant of the spouse of the individual; and the spouse of the person referred to as aforesaid.

Gifts received on marriage:-
Any gift received by an individual on the occasion of his/her marriage would also not be taxable. It is customary to receive gifts of money and kind on the occasion of marriage. Therefore, this is an important exception to the general rule.

Gift received under a will, etc :-
Any gift received under a will or by way of inheritance, or in contemplation of death of the payer is also not taxable.

Certain other events :-In case an individual receives any gift from any local authority as specified under the Act, the same would not be taxable. Similarly, any gift received from any fund or foundation or university or other educational institution or hospital or other medical institution or any trust/institution, as specified under the Act, would not be taxable.

Documentary Evidence:-
Gifts received are quite prone to litigation. Hence, it is prudent to maintain documentary evidence in respect of the gifts received, to avoid any dispute with tax authorities at a later stage. This is particularly relevant in case the gift amount is substantial and also where it is received from relatives. In case of gift of money received from a relative, it is advisable to have gift deed/letter of understanding exchanged and kept in records by the recipient of the gift for future reference.

FAQs on Gifts received by an individual or HUF

​Are monetary gifts received by an individual or Hindu Undivided Family (HUF) taxable?

If the following conditions are satisfied then any sum of money received without consideration (i.e, monetary gift may be received in cash, cheque, draft, etc.) by an individual/ HUF will be charged to tax (*):

  • Sum of money received without consideration.
  • The aggregate value of such sum of money received during the year exceeds Rs. 50,000.

(*) Refer to next FAQ for situations in which sum of money received by an individual or HUF is not charged to tax, i.e., monetary gift is not charged to tax.​

​ 1. Are there any cases in which sum of money received without consideration, i.e., monetary gift received by an individual or HUF is not charged to tax?​​

If the conditions given in preceding FAQ are satisfied then sum of money received without consideration (i.e.,monetary gift) received by an individual or HUF will be charged to tax. However, in the following cases monetary gift will not be charged to tax.

  • Money received from relatives (***).
  • Money received by a HUF from its members.
  • Money received on the occasion of the marriage of the individual.
  • Money received under will/ by way of inheritance.
  • Money received in contemplation of death of the payer or donor.
  • Money received from a local authority.
  • Money received from any fund, foundation, university, other educational institution, hospital or other medical institution, any trust or institution referred to in section 10(23C).
  • Money received from a trust or institution registered under section 12AA​.

(***) Relative for this purpose means:

(a) Spouse of the individual;

(b) Brother or sister of the individual;

(c) Brother or sister of the spouse of the individual;

(d) Brother or sister of either of the parents of the individual;

(e) Any lineal ascendant or descendent of the individual;

(f) Any lineal ascendant or descendent of the spouse of the individual;

(g) Spouse of the persons referred to in (b) to (f).

​2. Apart from marriage are there any other occasions in which monetary gift received by an individual will not be charged to tax?

​ Gift received only on the occasion of marriage of the individual is not charged to tax. Apart from marriage there is no other occasion in which gift received by an individual is not charged to tax. Hence, gift received on occasions like birthday, anniversary, etc. will be charged to tax. ​

3. ​Are monetary gifts received from friends liable to tax?

​Gifts received from relatives are not charged to tax. Friend is not a relative as defined Question 1 above and hence, gift received from friends will be charged to tax (if other criteria of taxing gift are satisfied).

4. ​Are monetary gifts received from abroad liable to tax?

​ If the aggregate value of monetary gift received during the year by an individual or HUF exceeds Rs. 50,000 and the gifts are not covered under the exceptions prescribed in the preceding FAQ, then gifts whether received from India or abroad will be charged to tax.  ​

5.​ An Individual received different gifts (cash) from his friends, none of the gift exceeded Rs. 50,000 but the total of the gifts received during the year exceeded Rs. 50,000. What will be the tax treatment in such a case?

Sums of money received without consideration by an individual or HUF is chargeable to tax if the aggregate value of such sum received during the year exceeds Rs. 50,000.

The important point to be noted in this regard is the “aggregate value of such sum received during the year”. The taxability of the gift is determined on the basis of the aggregate value of gift received during the year and not on the basis of individual gift. Hence, if the aggregate value of gifts received during the year exceeds Rs. 50,000, then aggregate value of such gifts received during the year will be charged to tax.​

6.​ If the aggregate value of gift received during the year by an individual or HUF exceeds Rs. 50,000, whether total amount of gift will be charged to tax or only the amount in excess of Rs. 50,000 will be charged to tax?

​ Sum of money received without consideration by an individual or HUF is charged to tax if the aggregate value of such sum received during the year exceeds Rs. 50,000. Once the aggregate value of monetary gift received during the year exceeds Rs. 50,000, then the aggregate value of gift received during the year will be charged to tax. ​

​7. Are gifts of immovable property received by an individual or HUF charged to tax?

​​If the following conditions are satisfied then immovable property received by an individual or HUF will be charged to tax (*):
· Immovable property, being land or building or both, is received by an individual/HUF.
· The immovable property is received without consideration (i.e., received as a gift) or for a consideration which is less than the stamp duty value of the property by an amount exceeding Rs.50,000.
· The immovable property is a ‘capital asset’ within the meaning of section 2(14)​ for such as individual or HUF.
· The stamp duty value of such immovable property received without consideration exceeds Rs. 50,000.

8.​ Are there any cases in which the value of immovable property received by an individual or HUF without consideration (i.e. by way of gift) is not charged to tax?​​

If the conditions given in preceding FAQ are satisfied, then immovable property received by an individual or HUF without consideration (i.e., by way of gift) will be charged to tax. However, in the following cases gift of immovable property will not be charged to tax.

  • Property received from relatives.
  • Property received by a HUF from its members.
  • Property received on the occasion of the marriage of the individual.
  • Property received under will/ by way of inheritance.
  • Property received in contemplation of death of the donor.
  • Property received from a local authority.
  • Property received from any fund, foundation, university, other educational institution, hospital or other medical institution, any trust or institution referred to in section 10(23C).
  • Money received from a trust or institution registered under section 12AA​.

9.​ An individual received gift of three properties from his friend. The value of none of the property exceeded Rs. 50,000, but the aggregate value of these three properties exceeded Rs. 50,000. What will be the tax treatment of gift in this case?

In case of immovable property received without consideration by an individual or HUF, the limit of Rs. 50,000 is to be applied transaction-wise and all immovable properties received as gift during the year are not to be clubbed for applying the limit of Rs. 50,000. Hence, if the total value of immovable properties received as gift during the year exceeds Rs. 50,000 but the value of none of the property exceeds Rs. 50,000, then nothing will be charged to tax.

10.​Are gifts of immovable property located abroad liable to tax?

​ If the conditions discussed in earlier FAQ (regarding the taxability of gift of immovable property) are satisfied, then gift of immovable property will be charged to tax whether the property is located in India or abroad.

11.​ An Individual received gift of a flat from his friend. The stamp duty value of the flat is Rs. 84,000. In this case whether the total value of gifted property will be charged to tax or only the value in excess of Rs. 50,000 will be charged to tax?

​ If the conditions discussed in earlier FAQ (regarding the taxability of gift of immovable property) are satisfied, then the entire value of immovable property received without consideration, i.e., received as gift will be charged to tax. Once the taxability is attracted, i.e., value of property received as gift exceeds Rs. 50,000 then the entire value of the property is chargeable  to tax. Hence, in this case entire value of property, i.e., Rs. 84,000 will be charged to tax.​

​12. Would any taxability arise if an immovable property is received for less than its stamp duty value?

​ Apart from taxing immovable property received without consideration, i.e., received as gift, the Income-tax Law has also designed the provisions for taxing immovable property received for less than its stamp duty value. If following conditions are satisfied, then immovable property received by an individual or HUF for less than its stamp duty value will be charged to tax (*):
· Any immovable property is acquired by an individual or a HUF.
· The immovable property is a ‘capital asset’ within the meaning of section 2(14)​ of the Act for such individual or HUF.
· Such property is acquired for a consideration but the consideration is less than the stamp duty value and the difference exceeds Rs. 50,000.
In above case the excess of stamp duty value over the purchase price of the property will be treated as income of the purchaser.

13.​ Are there any cases in which immovable property received by an individual or HUF for less than its stamp duty value is not charged to tax?​

​ ​If the conditions given in preceding FAQ are satisfied, then immovable property received (i.e. acquired) by an individual or HUF for less than its stamp duty value is charged to tax. However, in the following cases nothing will be charged to tax in respect of immovable property received for less than its stamp duty value :
·Property received from relatives.
·Property received by a HUF from its members.
·Property received on the occasion of the marriage of the individual.
·Property received under will/ by way of inheritance.
·Property received in contemplation of death of the donor.
·Property received from a local authority.
·Property received from any fund, foundation, university, other educational institution, hospital or other medical institution, any trust or institution referred to in section 10(23C).
·Money received from a trust or institution registered under section 12AA​.

14. ​Are gifts of movable property received by an individual or HUF charged to tax?

If the following conditions are satisfied then value prescribed for movable property (*) received by an individual or HUF will be charged to tax ($):
·Prescribed movable property is received without consideration (i.e., received as gift).
·The aggregate fair market value of such property received by the taxpayer during the year exceeds Rs. 50,000
In above case, the fair market value of the prescribed movable property will be treated as income of the receiver.
(*) Prescribed movable property means shares/securities, jewellery, archaeological collections, drawings, paintings, sculptures or any work of art and bullion, being capital asset of the taxpayer.
Considering the above definition, nothing will be charged to tax in respect of gift of any item being a movable property other than covered in the above definition, e.g., Nothing will be charged to tax in respect of a television set  received as gift, because  a television  set  is not covered in the definition of prescribed movable property.
​ 15. Are there any cases in which the value of prescribed movable property received without consideration, i.e., received as gift by an individual or HUF is not charged to tax?
​ ​​​If the conditions given in preceding FAQ are satisfied, then value of prescribed movable property received without consideration, i.e., received as gift by an individual or HUF is charged to tax. However, in the following cases nothing will be charged to tax in respect of prescribed movable property received without consideration:
·Property received from relatives .
·Property received by a HUF from its members.
·Property received on the occasion of the marriage of the individual.
·Property received under will/ by way of inheritance.
·Property received in contemplation of death of the donor.
·Property received from a local authority.
·Property received from any fund, foundation, university, other educational institution, hospital or other medical institution, any trust or institution referred to in section 10(23C).
· Money received from a trust or institution registered under section 12AA​.

​ 16. An individual received gift of jewellery from his friends. The total value of jewellery received during the year as gift from all the friends amounted to Rs. 84,000. What will be the tax treatment of gift in this case?

​ If the aggregate fair market value of prescribed movable property received by an individual or HUF without consideration during the year exceeds Rs. 50,000, then the total value of such properties received during the year without consideration will be charged to tax. In this case the total value of jewellery received during the year exceeds Rs. 50,000 and hence, Rs. 84,000 will be charged to tax.​

​ 17. Does any taxability arise if prescribed movable property is received by an individual or HUF for less than its fair market value?

​ If the following conditions are satisfied then prescribed movable property (*) received by an individual or HUF will be charged to tax (Subject to exceptions as mentioned in Question 8):
·Prescribed movable property is acquired by an individual or HUF.
·The aggregate fair market value of such properties acquired by the taxpayer during the year exceeds the consideration of these properties by Rs. 50,000. In other words, the aggregate fair market value of all such properties is higher than the consideration and the difference is more than Rs. 50,000.
(*) Prescribed movable property means shares/securities, jewellery, archaeological collections, drawings, paintings, sculptures or any work of art and bullion, being capital asset of the taxpayer.
Considering the above definition, nothing will be charged to tax in respect of gift of any item, being a movable property other than covered in the above definition. e.g., Nothing will be charged to tax in respect of a television set received as gift because a television set is not covered in the definition of prescribed movable property.
Source of Faq – http://www.incometaxindia.gov.in
(Republished with Amendments)

16 Responses to “Taxability of Gift received by an individual or HUF with FAQs”

  1. Raj says:

    If I transfer 3lac to my mother does she require to file tax. What is the tax impact on my salary can this be deducted from my taxable income ?
    Thanks

  2. Krishna says:

    …What is the meaning of Lineal Ascendant or Descendent in the following purpose ?
    Relative for this purpose means:
    (e) Any lineal ascendant or descendent of the individual;

    (f) Any lineal ascendant or descendent of the spouse of the individual;

  3. CA T N PRABHU says:

    SECTION 10(2A) CLEARLY SAYS THAT ANY INCOME FALLING WITHIN THAT S/S SHALL NOT BE INCLUDED IN COMPUTING THE TOTAL INCOME ie. SUBJECT TO THE PROVISIONS OF SUB-SECTION(2) OF SECTION 64, ANY SUM RECEIVED BY AN INDIVIDUAL AS A MEMBER OF HINDU UNDIVIDED FAMILY, WHERE SUCH SUM HAS BEEN PAID OUT OF THE INCOME OF THE FAMILY, OR, IN THE CASE OF ANY IMPARTIBLE ESTATE, WHERE SUCH SUM HAS BEEN PAID OUT OF THE INCOME OF THE ESTATE BELONGING TO THE FAMILY.
    Therefore amount received from HUF as gift or other sum does not constitute to be a gift and hence it is not specifically stated in the category of exempt list. I hope my view may not be differed by others.

  4. Ravindra says:

    Sir,
    MY son who is an NRI is transferring Rs. 15000/= through a bank every month as a help to me. (I am 70) Will this be a taxable income to me?please advise.

  5. Harish Bhagi says:

    Dear all,
    I have a question in my mind. I just want to know that only single friend can give us 50k(as a gift) or more friends in a single year.

  6. Makhan Jhaver says:

    Your view point on HUF is not correct. HUF has no relations . IF any karta / coparcener / member of HUF gifts to HUF in that case also if total amount recd from all members exceeds 50000 then also the amount becomes taxable… Pl clarify

  7. VIJAY says:

    If gift received in cash deposited in my account from my parents for helping me in buying a flat. is there any tax implication in this case?

    Look forward for your reply…

  8. S. Krishnamoorthy says:

    Dear Sir,
    Is the gift given by husband to wife and vice versa tax-free?

  9. satish boob says:

    dear sir,thxs.many f a q”s are answered and updated about gifts.but gifts in relation to h u f have been controversial issue in court of law because it has been upheld that h u f has no relatives like individuals.in our opinion this issue could be solved depending upon each fact of the case.

  10. Anil says:

    Dear Sir,

    While forming a new HUF, if cash more than 50000/- plus jewellery of Rs. 1000000/- is given by father of Karta of NEW HUF, then what will be taxability of amount received.

  11. V.S. Chauhan, Advocate says:

    Dear Mr. T.R.Surendran,

    It is not necessary to file income tax return by your son. Since, you are giving him
    money for his expenses. Kindly also note that the same amount is not taxable in the hand of your son. You can show in your account as drawing.

    Regards,

    V.S. Chauhan

  12. CA Sajanee Vakharia says:

    husband who has given divorce to first wife and got again married. Their son (i.e. of with second wife) has taken a gift from the first wife of his dad. would it be exempted as gift from relative or would be taxable? Reply urgently

  13. AK Sinha says:

    Can sister son (Bhanja)give gift to his Maternal uncle (Mama) an amount above 50k

  14. T.R.Surendran says:

    Dear Sir,

    I am 56 years old.I am an income tax payee since 1992. I
    have transferred Rs.5 lakhs from my salary a/c to my son’s bank a/c who is now 18 yrs old and is 1st yr engg student. I would like to transfer more money to his a/c for the safer side of his education. Is it necessary to file IT returns by him?. Is it necessary to
    keep any gift deed with him?

    Your response on the above matter will be highly appreciated.

  15. sonika jain says:

    yes this is tax free .

  16. ravi kumar says:

    Is gift received from my husbands mother tax free under gift from relative category. Pl advise.
    thanks

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