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Giving white money to relative.

Tax queries 639 views 7 replies

Hi,

My relative has requested for some white money for his property that he is buying. 

I am a salaried employee with a clean tax history. He is a close relative so it is getting difficult for me to say No. But I have made clear to him that I need only white money in return which he can return at his pace/ whenever the white money is available at his end.

Please guide me on the best way to execute this transaction. Is loan a good way ? Should I get the loan agreement done for this ? 

What is the best way to get the money back ? 

Is there any legal liability that I may get into even if I execute it as per guidelines by IT department, if there are any ?

 

Replies (7)

If you are expecting a return, give it as personal loan and get a load deed executed and registered, if he/she is very close relative, gifting may be allowed under the law so there wont be any issues as such but all transactions if well documented is best for you and him.

1) yes you can give a personal loan no problem and for which if you are expecting interest as well then that interest you have to pay tax later, execute a promissory note is also fine or go for loan agreement anything

2) if your relative falls under the relative definition of income tax act then you can gift.

but as per income tax if you give as gift, it is a gift no return is expected back...

so if you take interest or expecting the money back follow the first one or not expecting money back then give him a gift by giving gift deed
So, now that I learnt that he is not a relative that can be gifted lakhs of rupees, without gift tax, I have decided to give him loan with a promisory note. How should I get the money back, and keep it white ?  Should I ask him for checks or is it ok for me to receive a online transaction from him on the same ? Since he needs it only to show as a transaction for white money. He is ready to pay it back on the same day ? Should I ask for another check ? or is it ok for me to receive an online transaction for the returned money ? 
i can guide you better if you tell what relation he is... to you

The relation is that h e is my maternal uncle (mamaji). 

he is a relative as per income tax act and

now if you expect interest then once you receive interest include that interest in your income and file return

if no interest you are expecting then give as a gift, nothing is taxable on returning back

you can use cheque or cash or neft anything, no problem

Mamaji is ok, no tension, NEFT is also documented so nothing black.


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