Cash gift

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

22 January 2015 I am govt employee having 7 lac salary .
I want give gift my relative in cash . But i not have any record/entry (i.e bank fd, loan to other person). How many amount can give gift my relative. Can i show that I have cash at home Rs 10 lac.

Querist : Anonymous

Querist : Anonymous (Querist)

23 January 2015 Pls reply urgent

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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18 July 2024 As a government employee in India, there are certain rules and guidelines regarding gifts, especially cash gifts, to relatives. Here are the key considerations:

### 1. **Gift Tax Implications:**
- Under Indian tax laws, any gift received by an individual (except from specified relatives) exceeding Rs. 50,000 in a financial year is taxable as income under the head "Income from Other Sources" for the recipient.
- However, gifts received from specified relatives (which include parents, spouse, siblings, and lineal descendants) are exempt from tax irrespective of the amount.

### 2. **Gifts by Government Employees:**
- Government employees are subject to additional regulations under the Conduct Rules, which aim to prevent misuse of official position.
- Acceptance of gifts or any other benefits by a government employee can be subject to scrutiny, and there are guidelines on the value and nature of gifts that can be accepted.

### 3. **Amount of Cash Gift:**
- There is no specific limit prescribed under tax laws for the amount of cash gift you can give to a relative. However, you should ensure that:
- The gift is reasonable in relation to your known sources of income and assets.
- It does not raise suspicion or questions about the source of funds.

### 4. **Documentation and Record Keeping:**
- Even though you do not need to maintain a record or entry for a gift transaction, it's advisable to maintain some form of documentation or proof of the transaction for personal records.
- If questioned by tax authorities, having proof of the transaction (like withdrawal from your bank account, if applicable) can support your explanation.

### 5. **Source of Funds:**
- You mentioned having cash at home. While it's not mandatory to deposit this cash in a bank account before gifting, you should ensure that the cash amount is reasonable in relation to your income and financial standing.
- Large cash transactions or gifts without a clear source of funds could potentially raise red flags during scrutiny.

### Conclusion:
- As a government employee, while you can gift any amount to relatives, it's important to adhere to the gift tax rules and maintain transparency about the source of funds.
- Consider the implications under both tax laws and government employee conduct rules to avoid any unintended scrutiny or legal implications.

For personalized advice tailored to your specific situation, especially regarding compliance with government employee conduct rules, it's advisable to consult with a tax advisor or legal expert. They can provide guidance based on your individual circumstances and ensure compliance with applicable laws and regulations.

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