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Gift to father in law by son in law

Tax queries 13738 views 6 replies

I fall in 30% Tax bracket. Can I gift 10 lakhs by cheque to my Father/Mother in Law who fall below 5 laks income and hence are non tax payer? How will the interest be treated; 

If the interest is reinvested, interest on interest will be treated as whose income?

Replies (6)
Quick Summary
Discussion on gift of Rs 10 lakh from son-in-law to father/mother-in-law. Gift is tax-free under Section 56 as they are relatives. Interest earned on gifted amount is taxable in recipient's hands. No clubbing provisions apply, so reinvested interest also belongs to recipient.

Interest will be taxed in FIL/MIL account. No clubbing provision.

you cannot gift any AMT to any of them as they are not close relatives since wife's parents.
however you can gift it to your wife who in turn can gift it to her parents by preparing gift deed. reinvested interest will be taxed in their assessment

Gift received from a relative is not taxable in hands of the recipient under section 56 of Income Tax Act. The persons who are considered as relatives are

In case of an individual

  1. Spouse of the individual

  2. Brother or sister of the individual

  3. Brother or sister of the spouse of the individual

  4. Brother or sister of either of the parents of the individual

  5. Any lineal ascendant or descendant of the individual

  6. Any lineal ascendant or descendant of the spouse of the individual

  7. Spouse of the person referred to in above points

 

Son in law is relative as per clause 5 with 7; so the gift from son in law is tax-free.

I understand that there will be no gift tax.

My question is whether interest earned on this amount will be treated as my income or his/her income.

It will be their income. No clubbing provision in this case.

What all about gifts given to nephew and niece? are they further taxable?


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