Transfer gift from son to parents

Tax queries 2308 views 18 replies

Hi, 
I get my compensation after tds & have all my tax returns for all years. In financial year 2010-11 I transferred INR 5 lakh to my parents as they lived in different city & my father was about to retire from a private job. The amount transferred was bank transfer & nothing in cash. 
My parents made Fixed deposit so that they can run house from the interest. As the interest amount from FDs was always less within exemption they never filed return. My father’s income was very low to be taxable. 
In March 2018 my parents received a letter from IT dept citing section 147 of IT act asking to assess-reassess the IT return. 
Our understanding is gift/money transferred between blood relation is exempt from tax & so were thinking to give this response to IT department. 
But some people have scared my parents saying that penalty could be more than original amount of 5lakh & they will get sorted with IT dept for some extra money. 
Can you confirm that money transferred to parents is exempt from tax return & any interest is their income & not clubbed with mine? 
Also, do we require a gift deed even when transferring by bank transfer from son to father? 
Please advise as we are in big tension & my parents are worried as people scare them to get some money to sort this out.

Thanks

Replies (18)

" Can you confirm that money transferred to parents is exempt from tax return "

Correct..

& any interest is their income & not clubbed with mine? 

Yes, correct.....

Also, do we require a gift deed even when transferring by bank transfer from son to father? 

An confirmation letter from your end citing the bank transfer from your account will serve the purpose. (your bank balance/transaction/ credit worthiness may be tested for the 5 lakhs gift)

No need to be scared, if the query is for this transaction only.
 

Thank you sir, I have bank transfer reflected in my account & savings coming from my salary for the years all coming in after TDS. Is it fine if I reply online on ITR website. I will mention my bank reference for transaction, reference for my salary during that period & pan card number. Is that fine?

Here, I would advise to take help of a tax consultant, because you are not accustomed to such work; though you got the basic principle about it.

Why I say  that because you have to reply step by step for each query raised by ITD.

Still, if you can handle that, you may go ahead.....

 

Hello sir, I have a question my father sold property for 2000000 in 2017 and it was purchased in 1996 for 260000 so how capital gain taxes will be calculated as the year is changed from 1981 to 2001 and how to get the property evaluated. What is the approx. Capital gains.

@ Balakrishna Rao.:

You will have to obtain valuation of the property (FMV) as on 01.04.2001, from Govt. Approved Valuer; which you can take as COA.

How to get a authorised valuer in my city gandhidham. Also My father don't want to buy a new house so what is the way to save capital gains apart from investing in bonds

 

1. Gandhidham/Government-Approved-Property-Valuers

2. Yes, Capital Gains Bonds of NHAI, REC, PFC. u/s. 54EC

Thank you sir. Regarding my second question My father don't want to buy a new house so what is the way to save capital gains apart from investing in bonds

Investment in new start-up or funds u/s. 54EE..... or sec. 54GB..

Sir, the link you have given to other city I want property valuer for gandhidham Kutch Gujarat. Further, can you suggest a tax consultant in gandhidham who had good experience in property capital gain, because I went 2 to 3 of them they all saying various things.

Sr. 90, 105, 110, 118, of the list

Thank you very much sir
Also sir while calculating gains tax I do not have any receipts for improvement done on the house in previous years. Is their any way to show this up?

No. That all PY expenditures will get included in the FMV as on 01.04.2001.


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