Want to gift a property or life time savings to your loved ones? Or have you received a car as a gift on your birthday? Are you worried about the cash gifts received on your wedding? Enjoy giving or receiving gifts guilt-free once you are mindful of the Gifting provisions in India.

As per current tax laws, if an individual receives cash or non-cash gifts from persons other than relatives* in excess of INR 50,000 in a year, the whole of such gift received will be treated as the individual’s income and must be included under ‘Income from other sources’. If it does not exceed INR 50,000, it will not be treated as income.

But not all gifts are taxed. The specific assets for which gift tax is applicable are –

(i) immovable property being land or building or both;

(ii) shares and securities;

(iii) jewellery;

(iv) archaeological collections;

(v) drawings;

(vi) paintings;

(vii) sculptures;

(viii) any work of art; or

(ix) bullion;

In the same way, gifts from the following sources are tax exempt irrespective of amount received as Gift:

i. Relatives*

ii. Gifts received on the occasion of marriage of an individual even from non relatives are not an income

iii. under a Will or by way of inheritance;

iv. in contemplation of death of payer;

v. from local authority as defined in Explanation to section 10(20);

vi. educational or medical institution or fund etc. referred to u/s. 10(23C);

vii. trust or institution registered u/s. 12AA.

viii. by any fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23C) of section 10; or

ix. by way of transaction not regarded as transfer under clause (i) or [clause (iv) or clause (v) or] clause (vi) or clause (via) or clause (viaa) or clause (vib) or clause (vic) or clause (vica) or clause (vicb) or clause (vid) or clause (vii) of section 47; or

x. from an individual by a trust created or established solely for the benefit of relative of the individual.

Note: Movable property will be considered at fair market value.

What You Should Know

i Gifts made to spouse, minor children and daughter-in-law for inadequate consideration will be deemed income in the hands of the individual making the gift.

ii You can gift movable property to your dependent major children (above 18 years’ age) and the income earned from such gift will be taxed in their hands, thereby lowering your tax liability.

iii An NRI cannot open a PPF Account. However, he can gift money to his close relative in India and take advantage of the tax-free investment.

*Relative would include any of the following:

a. Your spouse;

b. Your brothers and sisters and their spouses;

c. Your spouse’s brothers and sisters and their spouses;

d. Brother and sister of your parents and their spouses;

e. Any lineal ascendant (parents, grandparents, children, grandchildren) or descendants (children, grandchildren)and their spouses;

f. Any lineal ascendant (parents, grandparents, children, grandchildren) or descendant of your spouse (children, grandchildren)and their spouses

g. In case of a Hindu undivided family, any member thereof;

Also Read:

Tax on Gifts – All you want to know

Section 56 – Taxation of gift received

Taxability of Gift received by an individual or HUF with FAQs

Source: InvestmentYogi is one of the leading personal finance websites in India

(Republished With Amendments)

More Under Income Tax


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January 2021