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Taxability of Gifts


CA AJIT YADKIKAR 
posted on 25 April 2012



Taxability of gifts received by an individual or Hindu Undivided Family

 

Gifts received by an individual or Hindu Undivided Family (HUF) are taxable in certain situations as prescribed by Income tax Act. The gift may be in the form of money or property.

 

It should be noted that gifts are taxable in the hands of recipient and there is no taxation for the donor.

 

In the following cases gifts would attract taxation:-

 

1. Any immovable property is received without consideration stamp duty value of which is more than Rs.50000/-

 

2. Movable property is received without consideration or at a lesser consideration than its fair market value, the aggregate fair market value of which is more than Rs.50000/-

 

3. Any cash gift (including gifts by cheques or drafts) received in excess of Rs.50000/-

 

In the case of immovable property received single transaction is considered for calculating the threshold limit of Rs.50000/- while in other cases all transactions in financial year are taken into consideration for calculating ceiling of Rs.50000/-

 

Exempted Gifts

 

In the following cases receipts are exempted even if they are without or lesser consideration:-

 

Gifts received:

 

1. From a relative.

 

2. On the occasion of marriage of the individual.

 

3. By way of will or inheritance.

 

4. In contemplation of death of the payer.

 

5. From local authority.

 

6. From any fund or foundation or university or other educational institution or hospital or other medical institution or any trust or institution referred to in clause (23C) of section 10; or

 

7. From any trust or institution registered under section 12AA.

 

Here relative means

 

a) Spouse.

b) Brother or sister.

c) Brother or sister of spouse.

d) Brother or sister of either of the parents.

e) Any lineal ascendant or descendant.

f) Any lineal ascendant or descendant of the spouse.

g) Spouse of the person referred to in clause a to f.

 

The term property means

 

1. Immovable property being land or building or both;

2. Shares and securities;

3. Jewellery;

4. Archaeological collections;

5. Drawings; paintings; sculptures;

6. Any work of art.

7. Bullion.

 

Stamp Duty Value means the value adopted or assessed or assessable by any authority of the Central Government or a State Government for the purpose of payment of stamp duty in respect of an immovable property.

 

Where the assessee disputes this stamp duty valuation, the procedure for resolving the dispute is the same as that in the provisions of section 50C (2) of the Income tax Act.


Published in Income Tax
Source : No Source Specified
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