Reporting of Gift undertaken of foreign shares on Sch FA/CG on ITR 2

ITR 136 views 1 replies

I have a couple of foreign shares bought over the past few years through LRS, that have duly been reported on my past ITR 2 filings.

I now wish to gift the same to my son who is a US citizen and will transfer the shares directly from my overseas brokerage account to his brokerage account.

My query: How do I report this gift under Schedule FA on the ITR, as each share would have a NIL balance at end of year and further no entry can be reported under the Schedule CG, since there has not been a Sale consideration received for the asset.

Appreciate the guidance.

Replies (1)

Hey Jatin, great question about gifting foreign shares and how to report that in ITR-2!

Here’s how you can approach it:

Reporting Gift of Foreign Shares in ITR-2

1. Schedule FA (Foreign Assets):

  • Schedule FA requires reporting foreign assets held at the end of the financial year.

  • Since you are gifting these shares and they will no longer be in your name by the end of the FY, their closing balance will be NIL.

  • So, you simply do not report those gifted shares in Schedule FA for that year, as you do not hold them anymore.

2. Schedule CG (Capital Gains):

  • Since this is a gift (no sale/transfer consideration), no capital gains transaction arises at the time of gifting.

  • Therefore, you do not need to report anything under Schedule CG for this gift.

  • The gift is a transfer without consideration and is exempt from capital gains tax for the donor.


Additional Points:

  • Disclose Gift in Other Schedules?
    The Income Tax return doesn’t have a specific section to disclose “gifts” of foreign assets separately.

  • Gift Deed / Documentation:
    Keep a copy of the gift deed or transfer documents for your records in case of future scrutiny.

  • Recipient’s Tax Liability:
    Your son, as a US citizen, will be liable for tax as per US laws on these shares once he receives them.


Summary:

  • Do not report the gifted foreign shares in Schedule FA (since balance is zero at year-end).

  • Do not report any entry in Schedule CG (no capital gains on gift).

  • Maintain supporting documents of the gift.


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