CROSS GIFTS? Kindly Clarify...

 

Hi,

 

What do you mean by " CROSS GIFT TO WIFE " ?

 

Is that the gift given by " HUSBAND TO WIFE" and then " WIFE TO HUSBAND "

 

Is the below treated as " CROSS GIFT " ? WHAT WILL HAPPEN IN THE BELOW SITUATION? PLS CLARIFY.

 

Husband gives wife a gift of say Rs.5 Lacs. And after 2 or 3 months, wife gives a gift of Rs.3 Lacs to husband. In this case of above where both husband and wife exchange gifts of different value, how clubbing of income is done? 

 

I am thinking that gifts of equal value can be exchanged between husband and wife as their own asset without clubbing provision.

 

In the above case, Net gift amount given by husband to wife is Rs. 2 Lacs (that is 5 Lacs minus 3 Lacs). Husband will club the income earned by wife on the net gifted of Rs.2 Lacs. And wife and husband each will show the income earned on Rs.3 Lacs by each as their own income because gifts of equal value can be shown as their own capital asset. Income on Rs.3 Lacs will not be clubbed and shown as their own income. And income earned by wife on net gifted amount (Rs.2 Lacs) will be clubbed in husband hands.

 

Kindly Clarify...

Replies (5)

Both the gifts would be considered separately and income earned on the same would be clubbed in the hands of the donor. Net-out concept cannot be made applicable

Originally posted by : Rachit


Both the gifts would be considered separately and income earned on the same would be clubbed in the hands of the donor. Net-out concept cannot be made applicable

Thank you for your kind reply.

 

I would like to know What do you mean by " CROSS GIFT TO WIFE " ? Can you please clarify.

 

You have illustrated the terminology 'Cross Gift to Wife' in your query itself.

But from I.Tax point of view, there is no provision by which you can net out the gifts for the purpose of clubbing of income generated out of such gifts

Originally posted by : Rachit




 







You have illustrated the terminology 'Cross Gift to Wife' in your query itself.







But from I.Tax point of view, there is no provision by which you can net out the gifts for the purpose of clubbing of income generated out of such gifts

 

Is my below understanding is correct? Kindly let me know.

 

In the gift of Rs. 5 Lacs by Husband to Wife the income earned by Wife on 5 Lacs shall be clubbed in Husband hands. Clubbing provisions apply.

 

In the other gift of Rs. 3 Lacs by Wife to Husband the income earned by Husband on 3 Lacs shall be clubbed in Wife hands. Here also, clubbing provisions apply.



In both the cases above, clubbing provisions apply. Where as...

 

Income earned by Husband and Wife by investing the interest income earned on the gifts received Rs. 3 Lacs and Rs. 5 Lacs ( I mean Income on Income) shall be treated as the income of Husband and Wife. In the case of Income on Interest Income of a gift no clubbing provisions apply.

 

Kindly confirm.

Dear All,

 

Is my understanding is correct?


 "You can gift money to spouse anytime and spouse can give you gift anytime. So if you gifted some money to spouse and spouse gifts it back to you not an issue....." Gifts between spouses (Huband to wife , and Wife to husband) can happen any number of times provided clubbing provisions apply in the hands of Donor.

 

Kindly confirm whether my above understanding is correct?

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