Inherited gold

696 views 2 replies

Hi All,

could anyone please let me know what would be my tax liability in the following case and also my mothers, if at all.

i am looking at a buying a property worth 30 lakhs. out of which 15 lakhs would be home loan and 15 lakhs from my mother.

 

now 15 lakhs that my mother would give me would come from the selling old gold that my grandmother (nani) had passed on to my mother but there is no will or inheritance note.

my mother is a homemake so not a  taxpayer. she doesnt even have a pan card. what i want to understnad is that my mother sells this gold and gifts the monetary proceeds of 15 lkahs to me.,..would i be liable to pay tax..???

 

also would my mother be questioned as to why did she never show this gold to IT and not filed ITR ever.....

 

please help ...its urgent....

Replies (2)

mother has to pay tax on the amount of capital gain realised on sale of gold and also has to file income tax return.

you can use the money gifted from ur mother and there will be no additional tax liability on her or on you.

till now return was never filed by your mother as she was not fulfilling the criteria of filing the income tax return as laid in sec 139 of income tax.

Your mother will have to file return of income this year.

After that, she can gift you the sum of Rs. 15 Lakhs which would be non-taxable on your or her hands.

Then you can use the money for buying your house.

Regards

Prateek


CCI Pro

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