Tax on Gift: Rules and Exemptions As per Income Tax Act in India
Hiral Vakil
2019-03-07 14:28:47
Exempt Income
Gift Income
IFOS
What is Gift as per Income tax Act?
Gift as per Income tax act means property (both movable and immovable) and money (cash, cheque, draft, etc) received without consideration or against inadequate consideration. Let’s understand what movable and immovable property include on which income tax provisions apply:
Immovable property: Land or building or both (it does not include agricultural land in rural areas)
Movable property: Shares, securities, jewellery, archaeological collection, drawing, painting, any work of art, bullion, vehicles, etc.
When are Gifts taxable?
Gifts received are taxable if the monetary value of all gifts received without consideration by the recipient exceeds INR 50,000. The whole amount would be taxable. For Example, Rohan received Gifts of monetary value INR 7000 from each of his 10 friends, the whole INR 70,000 will be taxable since the monetary value of all gifts received exceed INR 50,000.
However, when a gift is received against inadequate consideration, it will be taxable when the shortfall of the consideration received, exceeds INR 50,000. In such a case, the whole amount of shortfall will be taxable. For Example, Nisha received INR 10,000 each from her 10 friends. She contributed back INR 1000 to each of her friends. In this case, the shortfall of INR 70,000 will be taxable in the hands of Nisha.
The gift would be taxable if it is in the nature of capital assets in the hands of the recipient. Any gifts in the nature of stock, raw materials, or consumables that can be used by the recipient in his/her business operation, will not be considered as a capital asset and thus will not be taxable.
Under the following situations, gifts received are non-taxable in hands of recipient irrespective of monetary value:
Gift received :
from relatives*
On occasion of the marriage,
Under will/by way of inheritance.
In contemplation of death of the payer.
From local authority.
A fund, foundation, university, other educational institution, or other medical institution, hospitals, or any trust or institution defined in Section 10(23C), any trust or institution registered under section 12AA.
Relative*
Spouse of the individual
Brother and sister (including their respective spouses) of both individual and his/her spouse
Brother and Sister (including their respective spouse) of an individual’s father and mother
any lineal ascendant or descendant (including their respective spouses) of the individual
any lineal ascendant or descendant (including their respective spouses) of the spouse of the individual
Here is the summary of all the scenarios for better understanding:
Gift
Consideration
Amount taxable
Money (cash, cheque, draft)
Nil
If money > 50,000; whole amount taxable
Immovable property
Nil
If Stamp duty value > 50,000; Stamp duty value would be taxable
Immovable property (as defined above)
Received which is less than stamp duty value by an amount exceeding Rs 50,000
[Stamp duty value – consideration] would be taxable
Agricultural land in rural area
Nil/received
Nil
Movable property (as defined above)
Nil
Fair market value > 50,000; Fair market value would be taxable
Movable property (as defined above)
Received which is less than Fair market value by an amount exceeding Rs 50,000
Fair market value – consideration > 50,000 Fair market value would be taxable
Property/money on the occasion of marriage
Nil/received
Completely exempt irrespective of value
Any gifts not included in definition above
Nil/received
Completely exempt irrespective of value
Provision Relating to Stamp Duty for Gift Tax
In order to calculate gift tax for immovable property, stamp duty value must be considered. There is a possibility that the stamp duty can be higher for reasons like time gap between the agreement fixing the consideration and date of registration. Hence, for calculating gift tax stamp duty value as on the date of agreement fixing the consideration must be taken into consideration if the following conditions are satisfied:
If the consideration is paid either fully or partially via account payee cheque, bank draft or digital mode on or before the date of agreement for the transfer
Date of the agreement and the date of registration is different
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 in the list and hence, gift received from friends will be charged to tax (if other criteria of taxing gift are satisfied).
Is gift in cash taxable?
Gift of money: Aggregate value of cash gifts received without consideration during a financial year would be taxable as Income from Other Sources in the hands of the recipient. However, if the aggregate value of such gifts is less than Rs 50,000, then it would be exempt from tax
Inheritance will be considered as gift and gift received from relatives are not charged to tax.
So If you give away your inheritance (received from father) to daughter (a lineal descendant ) it will be exempt from tax but your daughter’s children are not lineal descendant so that will be taxable in their hands.
Hello @Rakesh_Sharma
Inheritance will be considered as gift and gift received from relatives are not charged to tax.
So If you give away your inheritance (received from father) to daughter (a lineal descendant ) it will be exempt from tax but your daughter’s children are not lineal descendant so that will be taxable in their hands.
Hope this helps!