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Property Gift Tax Rules

Tax queries 337 views 5 replies

I have a property. I want to Gift it to my spouse. 

I will pay rent to my spouse for staying in the house

Question 

The income generated from the House post the Gift in the form of rent. Who is the income owner ? Under whom will the income be added and taxed ? me or my spouse or both ?

Replies (5)
When anything gifted without consideration, the. income generated from such gift is taxable in hands of transferor.

So rent income will be taxable in your hands

So I get HRA benefits by paying rent to my wife and then the rent adds to my income ? This doesn't make sense.

The question follows , how can I make my wife the owner of the house so that she can receive rent without the rent income taxable in my hands ? Is there any option to do this without consideration ?

Not possible

What if I register the Gift Deed at the register or sub-register's office ? Pay stamp duty . This should do a title transfer and thereafter the house owner becomes my wife ?

 

Once the title transfer is done my wife is the owner of the house , is this not the case ?

Just by transferring the property for consideration.


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