banner_ad

Re-gift of gifted unlisted shares

Tax planning 746 views 1 replies

Hi,

I have a query regarding gifting shares.

I want to gift shares of Unlisted Co. to My father's brother's wife (Aunt). My query is as follows.

Lets say subsequently my Aunt wants to gift those shares to her son.

There would be no capital gain or income from other source & no taxable income, either for transferor or for transferee since in both cases the shares are gifted to RELATIVE. Is this correct?

& Clubbing Provisions of IT Sec 64 (or 60 or 61) or any other deeming provisions would NOT come into play. Is this correct?

Thank you very much.

 

 

Replies (1)

You are correct that gifting shares to relatives is exempt from capital gains tax and income tax. However, there are some nuances to consider: 1. Exemption: Gifting shares to relatives (as defined in the Income Tax Act) is exempt from capital gains tax under Section 47 of the IT Act. 2. Clubbing provisions: When your Aunt gifts the shares to her son (your cousin), the income from those shares will be clubbed with your Aunt's income under Section 64(1)(iv) of the IT Act. This means that any income generated from those shares will be taxed in your Aunt's hands, not your cousin's. 3. Relative definition: The term "relative" includes certain relationships, such as spouse, parent, child, sibling, and certain lineal descendants/ascendants. Your father's brother's wife (Aunt) and her son (your cousin) qualify as relatives. 4. No tax implications: Since the shares are gifted to relatives, there will be no capital gains tax or income tax implications for either the transferor (you and your Aunt) or the transferee (your Aunt and your cousin). Keep in mind that tax laws are subject to change, and individual circumstances may affect the applicability of these provisions. Consult a tax professional or chartered accountant to ensure accuracy and compliance. Please note that the clubbing provisions under Section 64 may have additional


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 02 May 2026
Senior Executive

hitesh chandwani & co

Pune

B.Com

View Details
Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured ARTICLESHIP 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details