Query Regarding Gift / Donation

Others 483 views 1 replies

Dear all Professionals,

I stay in Mumbai -

I am working in a Chartered Accountants firm, one of our Client had Gifted his entire building as a Donation. The building 

The facts of the case are in Mumbai - 400003 Bhendi Bazaar whole of Bori Mohalla is undergoing a huge project - one of our clients also stays at Bhendi Bazaar, they are the owners of one of the Building, as the part of Religious sentiments, our client's has gifted entire building as a Donation to the upcoming project - they are not taking any money for the same - so it is the case of gift or donation -

So my query is whether there will be any Tax Liability on such Donation ???

Please help ??? About tax liability

Replies (1)

It is required to know whether the recipient is approved charitable institution so as to claim deduction u/s 80G.

Moreover, donation in kind is not available as deduction u/s 80G.

So,

It would be considered as gift.

From 1.10.2009 new clause Sec.56(2)(vii) introduced.

After which gift in kind is also taxable.

As per this amended clause, If immovable property is gifted without consideration then stamp duty value which exceeds Rs. 50000 would be taxable.

 

Important :

This section would be applicable only if gift is received by INDIVIDUAL & HUF.

If gift is received by the person other than Individual or HUF then it would not be taxable.


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