Taxation on Sale of old Jewellery Received at Marriage

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Dear Sir,

A lady, currently 90 years old, was married in 1952 and received jewellery as gifts at the time of her marriage. She now has no financial support and is considering selling this jewellery to meet her living expenses.

Could you please advise whether the sale of such jewellery would attract any tax liability? Specifically, we would like to know:

  • Whether capital gains tax would be applicable on the sale of jewellery received as marriage gifts.
  • How the cost of acquisition would be determined, considering the jewellery was acquired in 1952.
  • Whether any exemptions or reliefs are available in such a case.

Your guidance on this matter would be greatly appreciated.

Thank you.

Replies (2)
Quick Summary
This discussion addresses the tax implications of selling old jewellery received as marriage gifts. While gifts received at marriage are exempt from gift tax, selling them can attract Long-Term Capital Gains (LTCG) tax. The cost of acquisition is determined by the Fair Market Value (FMV) as of April 1, 2001, requiring a registered valuer's certificate. Taxpayers have two calculation options: 20% with indexation or 12.5% without indexation on the full gain, with sale expenses being deductible. Senior citizens may benefit from a basic exemption of Rs 3 lakh, and while reinvestment in a house can offer exemption, it might not be practical for the elderly.

  1. Yes.
  2. Cost as on 01.04.2001.
  3. Any expenses incurred at the time of the sale.

The jewellery received as a marriage gift is exempt from gift tax. When sold, Long-Term Capital Gain (LTCG) applies since the holding period is well over 24 months.

Since the jewellery was acquired before 1 April 2001, the cost of acquisition is the Fair Market Value (FMV) as on 1 April 2001. A registered valuer's certificate is needed to determine this FMV.

For jewellery acquired before 23 July 2024, you have two options. Compute both and use whichever gives lower tax:

Option 1: 20% tax with indexation. Indexed cost = FMV as on 01.04.2001 x (376/100), using CII for FY 2025-26.
Option 2: 12.5% tax without indexation on the full gain (sale price minus FMV as on 01.04.2001 minus expenses of sale).

Expenses of sale such as brokerage and making charges are deductible from the sale price in both options.

For a senior citizen where total income may be low, the basic exemption of Rs 3 lakh (old regime, above 60) applies before LTCG is taxed.

Section 54F: If the net sale proceeds are reinvested in one residential house within 2 years, the proportionate LTCG is exempt. May not be practical at this age.

File in ITR-2, Schedule CG. After filing, CPC sends a Section 143(1) intimation confirming the assessment ,  our [Section 143(1) processing guide](https://taxgarden.in/blog/section-143-1-intimation-cpc-processing-demand-refund-india) explains what to expect and how to respond if any adjustment comes up.

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