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Gift Money Query

Tax queries 407 views 6 replies

Hi All,

I have a query in terms of Gifting money to spouse which i had received from my Mother.  

I received Rs 10Lakh from my mother as gift, I am looking for creating investment corpus for my wife.  Can I gift the money I received as gift from my mother to my wife? Is there any tax implications?

Can the gift amount that my wife received from me used for Share market investment?

Is there any tax implications for Gifting money? From my mother to me & then from me to my wife?  If there is any clause that gift is void if it is being used for returnable investments??

Thanks,

Vijay

 

Replies (6)

No tax liability over gift from mother to son or from husband to wife. But there will be clubbing of income in second case.

It means, wife can invest in shares, but whatever capital gains or dividend received over the investment will be taxed with Husband's ITR

Thanks for the response sir.  My wife is IT assessee and in case of share disposal capital gains will be shown in her ITR & Dividend will be taken into consideration on her returns & the income tax will be paid from her account respectively. 

Even if your wife file her IT return ; then also dividend and CG will tax in your hand due to clubbing provision

As per section 64(1)(ii) of IT act... which reads as ....

Income of individual to include income of spouse, minor child, etc.

"64. (1) In computing the total income of any individual, there shall be included all such income as arises directly or indirectly—

 (ii) to the spouse of such individual by way of salary, commission, fees or any other form of remuneration whether in cash or in kind from a concern in which such individual has a substantial interest :

Provided that nothing in this clause shall apply in relation to any income arising to the spouse where the spouse possesses technical or professional qualifications and the income is solely attributable to the application of his or her technical or professional knowledge and experience. . . . . .. . . . . . . "

So, any income arising out of the gift to spouse will be included in the hands of the DONOR...

Noted sir, thanks both for clarification.

Most Welcome ..                                        


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