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Income Tax

Rakhi Gifts & Tax Part 2: Non-Relative Gifts May Be Tax-Free

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Summary: Rakhi gifts from non-relatives are not automatically taxable; their treatment depends on the nature of the gift and the applicable conditions under Section 92(2)(m) of the Income-tax Act, 2025. For monetary gifts, where the aggregate amount received without consideration during the tax year exceeds ₹50,000, the whole amount becomes chargeable to tax, subject to specified exceptions. For specified movable property such as jewellery, shares and securities, bullion, works of art and virtual digital assets, the relevant fair market values are considered in aggregate, while items such as a television are outside the specified category. Gifts of investments may have further tax consequences when subsequently sold, with cost of acquisition and period of holding governed by the applicable rules, including Section 73. For immovable property received without consideration, the stamp duty value is relevant and the ₹50,000 threshold is considered separately for each transaction. The preceding Rakhi Gifts: Who Qualifies as a Relative for Income Tax? explains the statutory concept of “relative” for gift taxation.

Rakhi, Gifts & the Taxman — Part 2
Not a “Relative”? Don’t Panic—Your Gift May Still Be Tax-Free!

In Part 1 of Rakhi Gifts: Who Qualifies as a Relative for Income Tax?, we discovered that the Income-tax family tree is much more precise than the family tree we know at home. A cousin, a muh-bola bhai or a muh-boli behen may be family in every sense of the word, but may not qualify as a “relative” under the Income-tax law.

Naturally, the next question arises:

Does receiving a gift from a non-relative automatically make it taxable?

The answer is a BIG NO!

Being a non-relative is only the starting point. Income-tax law provides specific thresholds and conditions to determine whether a gift becomes taxable. For monetary gifts, the ₹50,000 threshold is particularly important.

Under Section 92(2)(m) of the Income-tax Act, 2025, where the aggregate amount of money received without consideration exceeds ₹50,000 during the tax year, the whole amount is chargeable to tax, subject to the specified exceptions.

But if I don’t mention the gift in my return, how will the Taxman ever know?

Well… the Taxman may know more than we think!

Today, financial transactions can leave trails through bank accounts, investments, property transactions and various information-reporting mechanisms. Information available with the Income-tax Department may bring a transaction to its notice, and the taxpayer may be asked to explain the nature and source of a particular receipt.

But there is an important distinction: the taxability of a gift does not depend upon whether the Taxman knows about it. If a receipt is taxable under the law, it does not become tax-free merely because it has escaped notice.

So, the better question is not:

“Will the Taxman know?”

but:

“Is the gift taxable under the law?”

Every Gift Is Not Taxed in the Same Manner

The Income-tax law does not treat every gift in the same manner. The rules differ depending on whether the gift is money, specified movable property or immovable property. Even the ₹50,000 threshold does not operate the same way in all these situations.

Let us therefore open the gift box and examine what lies inside.

Box 1: Gift of Money

Let us take a simple example.

Neeta receives not one, but several gifts this Raksha Bandhan!

Her three cousins are generous enough to give her ₹15,000 each. Her nephew adds another ₹5,000, while her newly employed niece gives her ₹1,000.

“Lovely!” says Neeta. “But what about tax?”

The answer is surprisingly simple—but there is a catch.

For monetary gifts received from non-relatives, the law looks at the aggregate amount received during the tax year, rather than each gift in isolation.

So, Neeta’s ₹45,000 from her cousins is not taxable under this provision. Add the ₹5,000 from her nephew, and the total becomes ₹50,000—still no tax. But when her niece adds another ₹1,000, the total crosses the ₹50,000 threshold.

And this is where the Taxman springs the surprise:

It is not merely the ₹1,000 excess that becomes taxable. The entire ₹51,000 becomes taxable.

That is the first little surprise in our gift box.

Box 2: Not Every Movable Gift Is Equal!

Let’s open the gift box a little wider.

What happens when the Rakhi gift is not money, but property?

Imagine Neeta receives two Rakhi gifts from her cousins:

A gold chain worth ₹1 lakh

A television worth ₹1 lakh

Both are gifts.

Both are movable property.

Both are worth exactly ₹1 lakh.

Will the Taxman treat them alike?

Surprisingly, no!

For the Taxman, a ₹1 lakh television and a ₹1 lakh gold chain may look like two equally valuable gifts. But tax law puts them in different baskets.

The gift provision does not cover every movable property. It specifically covers certain categories of property other than immovable property—such as jewellery, shares and securities, bullion, archaeological collections, drawings, paintings, sculptures/works of art and virtual digital assets (VDA).

A television, on the other hand, does not fall within this specified category merely because its value exceeds ₹50,000. The Income-tax Department itself uses such an example in its explanatory material.

But there is another little catch.

Suppose Neeta receives jewellery worth ₹60,000 from one cousin and shares worth ₹40,000 from another cousin.

“Two separate gifts,” Neeta might think.

“Surely the ₹50,000 limit should apply separately?”

Not quite.

For specified movable property received without consideration, the relevant fair market values are considered in aggregate. Here, the total comes to ₹1,00,000—and since it crosses ₹50,000, the entire ₹1,00,000 becomes taxable under this provision.

Box 3: What If the Rakhi Gift Is an Investment?

What if the Rakhi gift is not cash or jewellery, but shares, securities or mutual fund units?

These investments can also find their way into a Rakhi gift box. Where specified movable property is received from a non-relative without consideration, and the relevant threshold is crossed, its fair market value can become taxable in the hands of the recipient.

But receiving the investment is only the first chapter of the tax story.

Suppose Neeta holds on to the gifted shares or mutual fund units for a few years and eventually sells them.

The sale may trigger capital gains tax.

And now the Taxman asks another question:

“How long have you actually held the investment?”

The answer is not simply, “Since the day Neeta received the gift.”

For a capital asset acquired by way of gift, the law provides specific rules for determining the cost of acquisition, and the previous owner’s period of holding is relevant in determining the recipient’s period of holding. Under Section 73 of the Income-tax Act, 2025, the cost in such cases is generally linked to the cost for which the previous owner acquired the asset, with specified adjustments.

So, a gifted investment can have two separate tax chapters:

Chapter 1 — When the investment is received

Chapter 2 — When the investment is eventually sold

The Rakhi gift may be wrapped and opened in a few seconds—but its tax story may continue for years!

Box 4: What If the Rakhi Gift Is a House?

So far, our Rakhi gift box has contained cash, jewellery and investments.

But what if the gift is something much bigger—a plot of land, a flat or even a house?

Now the Taxman changes the measuring tape!

If an immovable property is received as a gift from a non-relative, the stamp duty value of the property becomes relevant.

Where the property is received without consideration, and its stamp duty value exceeds ₹50,000, the stamp duty value of that property is chargeable to tax in the hands of the recipient under Section 92(2)(m).

And here is an interesting difference:

Unlike money and specified movable property, where the relevant values are aggregated, the ₹50,000 threshold for an immovable property received without consideration is examined separately for each transaction.

So, imagine Neeta receives a plot of land from her cousin as a Rakhi gift, with a stamp duty value of ₹5 lakh.

Neeta has not received ₹5 lakh in cash. She has not sold anything. She has received a property as a gift.

Yet, because the stamp duty value exceeds ₹50,000, ₹5 lakh can become taxable as income from other sources.

And what if the property is not completely free?

Where immovable property is transferred for consideration, but the stamp duty value exceeds the consideration by more than the higher of ₹50,000 or 10% of the consideration, the excess may also be taxable.

That, however, is a different story from a genuine Rakhi gift—which is our focus here.

Conclusion

The Gift May Be Wrapped, But the Tax Story Is Not Always Over!

Rakhi is about celebrating relationships and the joy of giving. But when the Taxman enters the picture, what is inside the gift box matters almost as much as who gave it.

A cash gift, jewellery, shares, mutual fund units or a house may all be gifts in the eyes of the family—but the Income-tax law does not necessarily treat them alike.

We started this Rakhi journey with one simple question:

Who is a relative?

Part 1 gave us the answer through the Taxman’s family tree. Part 2 took us one step further:

What exactly has been gifted?

And we discovered that the tax treatment can change depending on whether the gift is money, specified movable property, an investment or immovable property.

So, before happily putting that Rakhi gift away, perhaps two questions are worth asking:

Who gave it to me and what exactly did I receive?

Because when it comes to gifts, the Taxman looks at both the relationship and the gift itself.

But is that the end of the story?

Not quite.

A gift may be received today, but its tax consequences may travel with it into the future. Cost of acquisition, period of holding and capital gains may enter the picture when the gifted asset is eventually sold.

And that, perhaps, is a story for another day—and another Rakhi gift!

To be continued…

*****

Disclaimer: The article is for educational purposes only.

The author can be approached at [email protected]

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Author Info

Anita Bhadra
Name: Anita Bhadra
Qualification: CA in Job / Business
Company: BHARAT ELECTRONICS LIMITED
Location: MUMBAI, Maharashtra
Articles Published: 262

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