What will be the consequence in the following case ??

Tax queries 328 views 15 replies
Originally posted by : Abhishek Goel
Sir I'm transferring only money and my mother is investing that amount in FD, technically..

Once you make a gift to a close relative ("Relative" as defined in the IT act as close relative  BUT other than spouse) then tax liability on income generated on such gifted amount/assets will fall on the the person who received  it , no Clubbing provisions of the IT act applicable in this scenario (clubbing provisions applicable only when the gifts are made between "close Relatives" like daughter in law/Mother in law/father in law/spouse) .

BUT important point to note here is that the transfer/gift made should not be a " recoverable/reversible " transfer/gift and should be a "One way" permanent transaction , otherwise the transaction will loose the tag of " GIFT " in eyes of the law triggering a lots of other complex issues  .

Replies (15)
Originally posted by : Abhishek Goel
Sir I'm transferring only money and my mother is investing that amount in FD, technically..

Once you make a gift to a close relative ("Relative" as defined in the IT act as close relative  BUT other than spouse) then tax liability on income generated on such gifted amount/assets will fall on the the person who received  it , no Clubbing provisions of the IT act applicable in this scenario (clubbing provisions applicable only when the gifts are made between "close Relatives" like daughter in law/Mother in law/father in law/spouse) .

BUT important point to note here is that the transfer/gift made should not be a " recoverable/reversible " transfer/gift and should be a "One way" permanent transaction , otherwise the transaction will loose the tag of " GIFT " in eyes of the law triggering a lots of other complex issues  .


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