What are the limits of Gift Tax in India ? Do I need to pay gift tax in India? What are the Income Tax rules on gifts received? Do you have to pay income tax on gifts in 2020-2021 ?
Receiving gifts is a habit from our childhood and we cherish those memories. But do you know that certain gifts have tax implications. While the Income Tax Act permits you to receive genuine gifts, there are set of rules regarding “gift tax in India”. A detailed understanding of the rules on this will help you in answering the queries from the tax department, in case your IT return is taken up for scrutiny.
What is Gift tax in India ?
Is gift money taxable in India?
The 5 categories of gift money that attracts tax.
The following 5 categories of gift will attract tax in India as per the current tax laws.
1. Any amount of money (in cash, cheque or draft)
If the total amount of money received by an individual from one or more persons during a previous year exceeds Rs. 50,000/-, the whole of such amount will be chargeable to tax. If you receive Rs. 40,000 as gift from anybody, there is no tax liability, but if you receive another Rs. 20,000 in the same year, you have to pay tax on the entire Rs. 60,000, because you have exceeded the limit of Rs. 50,000.
Gift Tax Rate in India 2020-21
Now this Rs. 60000 will be added to your total income and taxed according to your tax slab. Suppose you are in 20% of tax slab and by adding Rs. 60000 you come in 30% tax slab, you would be taxed accordingly.
2. Gift Tax on Immovable property in India without consideration
If any immovable property (without any consideration) is received, the stamp duty value of which exceeds Rs. 50,000/-, then the stamp duty value will be chargeable to tax in each such transaction.
3. Immovable property for a consideration which is less than the stamp value
If any immovable property is received for a consideration which is less than the stamp value of the property by an amount exceeding Rs. 50,000/-, then the difference between stamp duty value and consideration is chargeable to tax in every such transaction.
4. Gift Tax on Movable property in India without consideration
If aggregate fair market value of movable properties such as shares and securities, jewellery, archaeological collections, drawings, paintings or any work of art received without consideration during a previous year exceeds Rs. 50,000/-, the whole of aggregate fair market value of movable properties will be chargeable to tax.
5. Movable property for a consideration which is less than the fair market value
If movable property such as shares and securities, jewellery, archaeological collections, drawings, paintings or any work of art is received for a consideration which is less than the aggregate fair market value of the property by an amount exceeding Rs. 50,000/-, then the difference between aggregate fair market value and consideration is chargeable to gift tax.
How much money can be legally given to a family member as a gift ?
Gift tax India – Blood Relative and Family Exemptions
1. Any amount/property received from a relative
Yes, you can receive any amount as gift from your relative without any tax liability. Income tax on gift received from parents is tax exempt. Can husband give gift to his wife? The following are the relatives considered for this exemption:
(a) Spouse of the individual
(b) Brother or sister of the individual
(c) Brother or sister of the spouse of the individual
(d) Brother or sister of either of the parents of the individual
(e) Any lineal ascendant or descendant of the individual
(f) Any lineal ascendant or descendant of the spouse of the individual
(g) Spouse of the person referred to in clauses (b) to (f)
2.Money/property received on the occasion of marriage
The gifts received by bride and the groom from relatives, friends or anybody on the occasion of their marriage are free from any tax liability. The gift is exempt on the occasion of marriage and not on the day of marriage, hence gift received on tilak, tika and similar religious function prior to marriage day will also be exempt from tax.
3.Money/property received by way of a Will or inheritance
Any amount or property received by way of a Will or inheritance will be free from any gift tax in India.
How to document the gift transactions for scrutiny by tax authorities?
It is recommended that you keep documents for all the gifts received, so that in case of any scrutiny by tax officials, you can present the details. Gifts by way of movable property is required to be made in stamp paper and stamped. Registration of gift deed is not required in this case. But for making a gift of immovable property, the transfer must be effected by a registered gift deed. Gift of immovable property which is not registered is not valid as per law and cannot pass any title to the receiver.
Gift tax in India – Conclusion
The Gift Tax was introduced in India in 1958, but gift tax in India is now coming under the Income Tax Act.
So, if you are receiving more than Rs. 50,000 in a year from anybody other than your relatives, please remember there is a tax on that gift.
Do you have to pay tax on money given as gift on Cash ?
Cash Gifts above Rs 2 Lakh is subject to Penalty from 1st April, 2017, even if the gifts are from family members.
Income Tax on Gifts in India FAQs
Hence we hope this article will help you to understand the gift tax in India. Do not forget to add your valuable comments to this post.
I wouldlike to know ehther an amount of more than 20 lakhs can be given as gift by a person
to his/her sister/daughter for purchasing or fulfilling a house instalment and whether it would attract
tax under Indian Income tax laws?
Hi Narayanan
You can give give gift to sister/daugher without attracting tax under income tax laws.
But it is better to make a gift deed for the same.
hello sir
we are willing to start a lucky draw
to raise fund for charity
in which peoples will contribute some amount of money each and in returns every one will get gifts with different costs.
the difference will be from bulk purchase and mrp.
so if the gift cost is more than 2 lacks than what will be tax for a winner?
and till what limit the gift cost should be?
we will be giving the sum above 5 lacks in charity , is this amount taxable.
pl reply
My father wants to gift Rs. 4 lacs to me by bank transfer. Will it be taxable?
In further years income generated from this 4 lacs will be taxable to father or to me.
Hi Rakesh
It will not be taxable. Just ensure to make a gift deed. In further years income generated from this 4 lacs will be taxable to you only.
My father was expired on Oct and we have sold our home property in April exact after 6 months of my father death. Amount received to my mother as spouse first hier. Is she has any liability for any tax. If she will give 50% to me and 50% to my sister is there any tax implementation on me and my sister pls inform
Hi Nishant
There would not be any tax liability on gift received. Please check for LTCG Tax because your mother have sold the property.
My son passed away two years ago . He has got a son aged 17 years now , studying in Plus one abroad . My daughter – in – law has divorced my son , two years after he was born . My son had a plot of land . This was sold about three years ago . He invested in the RECBONDS an amount of
₹ 31.6 lakhs to avoid Capital Gains a Tax .Myself , being the nominee , this amount has been credited to my account recently after the expiry of three years . I want to hand over this money to my grandson . Any gift tax is involved ? My son passed away all of a sudden without leaving any will .
Is there any way to transfer the money to my grand son without Gift Tax or Invome a tax
Hi Mr. S. Kalyanaraman
Thanks for you comments.
Grandfather can gift any amount to grandson without any tax liability. You can prepare a gift deed and keep it for future records.
There is no tax liability for the grandson for this amount. But, once he invest this amount, the income generated will be treated as his income and taxed in his hands.
Hello
I have gifted my son 7 lakhs vide bank transfer. I know, it does not attract any tax liability, but whether it should be shown on any income tax forms. I used to file Form 1 being a salaried individual.
Please enlighten me.
Regards
Hi Sanjay
Get a gift deed done for the same. Your son may have to show it in ITR.
My Niece( elder brother’s daughter ) wants to gift me her inherited (by succession) urban land of 2,662.0 Sq.yards (the present market value of the Sama is Rs.1,06,48,000/-)
Want to know the tax applicability as per Gift / income tax.
Kindly advice
Regards
Hi, My sister’s marriage is due on September. is there any gift tax implications if i transfer a sum of 5 lakhs to her in-laws parent’s account for meeting the expenses of marriage?
Hi Benjamin
Yes, there would be tax implications if you transfer it to her in-laws account.
If my mother sells her shares and transfer the amount to my account, are there any tax applicable to me?
Hello
I am an NRI residing in the middle east and want to send 2.5 Lacs to my Mother in law as gift.
Will it be taxable for my Mother in Law in India?
Thanks
Dear sir
i’m a senior citizen and a single parent . My brother is wanting to gift me some amount (around 20,00,000) am i taxable for this ? what ‘s the higher limit to receive gift amount ? right now my bother is in Uk and i’m taking care of our parents ,
i want receive cash from my sister as gift .what is proceidur A.Y.2010-2011
i have received 60k, 2.44 lacs and 1.93 lacs on different months in year 2017-18 from my real sister who lives in foreign. She has transferred money by NEFT from foreign. So i need to pay tax on it or not?
Hi,
I want to transfer money to India from middleast to help my brother in purchasing property. can I transfer this amount as gift to his or my parents account? amount will be around 50 lacs. is this exempted from tax?
Hi Sanjay
Yes, you can transfer the amount. It would be exempted from tax. Ensure to make a gift deed.
hello , can I get a flat transferred to my name from my brother in law valuing around 10 lacs. will I be subject to any tax?
Hi Naren
Yes, you can get it transferred. It would not be subject to tax if the transfer is effected with registered gift deed.
My maternal uncle and his wife wants to transfer his car registered in his wife’s name to me. No money transaction involved. The car’s evaluation on various auto websites shows upto a maximum value as 2.75L. Would getting the car registration transferred to my name lead to tax implications for me? Will having a gift deed avoid tax implications for me?
Hi
No, it would not have any tax implications. It is better to have gift deed done. I am assuming your maternal uncle as real brother of your mother, not the cousins.
I received a agrigulture inheritance land from my elders uncle son as gift deed whoes market value is 12lakh 90 thousand what taxable amount should be paid for 2018-2019 financial year,
You said above:
Cash Gifts above Rs 2 Lakh is subject to Penalty from 1st April, 2017, even if the gifts are from family members.
Please clarify. I want to give gift of Rs. 1.2 crore to my daughter for specific purpose.
If I (husband) purchase a flat for Rs. 70/80 lakhs with wife’s funds, will there be any gift tax and how the rental income from such property will be treated as husband’s or wife’s income? Is it necessary to draw gift deed?
Sir, I had received cash amount of Rs 1460000 from my father ( retired)for purchase of flat.. than ,here I m declaring as the gift deed than it will attract any tax?
Hi Mahendra
It will not attract any tax as of now. Any future income from this amount will attract tax.
Ensure to make a gift deed for the same and declare it in your ITR.
Hi
Specific question related to money gift to spouse (non working). Assume I transferred Rs 5 Lakh to wife and she invested in FD. She also has her own FDs.
Now on the interest earned on 5 lakh FD assume 40000, husband is liable to pay tax in first year. But what about subsequent years? Say on 1st April 5.4 lakh is invested in FD and earned 42000 as interest on 31st March next year. So still husband will pay tax on 42000?
Sir, I am having Fixed deposits in Nationalised bank and I am showing the interest earned in bank in my IT returns and paid income tax all these years. And now I intend to give Rs. 50 lacs to my daughter as gift by transferring fund from my bank account to her bank account by RTGS. Please inform whether it attracts income tax from my side and from my daughters side.
Hi
It will not attract any income tax from any side.
Any future income from this 50 Lakhs would be taxable for your daughter.
Dear Sir,
One of my friend is living in Austin Texas and he want to send USD 200 per month as a gift . he already sent me 220 USD to me. I m salaried person and my salary (CTC) is @ 5,00,000/- per year.
please let me know that my friend will send how many USD dollar up to March 2020.
what is another way to reduce and/or take away from Gift Tax.
regards,
Gitesh Mehta
I have given Rs20 lack in yare 2019 to 2020 to my unmarried daughter for purchase his house instalment .any tax will come for her. she is salary person.i am working in gulf.
Hi Rafeeq
There will be no tax on it.
Father give Rs 5 to 10 lacks 5o to his daughter for full filling dream of her house for instalment. She is unmarried and staying with father, she is working in co. Getting salary. And father working in gulf. any IT req. For both
Hi Rafeeq
You need to prepare a gift deed.
my wife would like to gift 50 Lacks to her brother and I understand that there is no tax liability for both of them. But if her brother buys flat with that money and would like to gift the flat back to his sister after two years are there any tax liabilities involved for both of them?
Hi Prabin
Why to make it so complicated? She can buy flat on her own.
I have taken Rs. 5 lacs in FY 2018-19 from my Cousin( Son of my mother’s sister ) for my MBA study with understanding that same will be return back to him after two year. Will I have to pay any tax on this. Money has been taken from Cousin through bank transfer but no paper has been made.
Hi Yogesh
Do you have any other income than this 5 lakhs?
I would like to transfer money(8 lakhs) from my account to my friend’s account (through a check) to help him with his education. will my friend have to pay any tax on receiving this amount? if so how much will he have to pay?
Yes, it would be taxable. The amount would be added to his salary and would be taxed according to his tax slab.
Iam supposed to receive Rs 50 lacs from my nephew as gift. Will I incur gift tax on this amount?
Hi i am a salaried person , come back to india after working for 5 years from my deputation abroad in feb 2018. i have put all my money in FDs on my name in india. Last year aug 2018 i have changed my NRE account to saving account. I am in 30%tax band
need to know the followings
1. how can i save tax on my 70 lacs FDs now starting this year 2019-20. FDs are maturing also in this financial year,
2. can i give 20 lacs to my daughter as wedding gift-
i have my wife as VRS retired from govt, my son is also earning. my daughter is getting married soon. my mother is very old and stays with my brother.
Hi Ganesh
1. You can move your FDs to debt mutual funds. There would be taxation but you will get benefit of indexation.
2. Yes, you can give any amount of money to your daughter. Just ensure to make a gift deed.
Namaste.
I wish to transfer a home from the first owner to a new owner. The house is 30 years old. The previous owner and new owner are not relative. The new owner is receiving the home as gift. New owner is not having source of income right now.
I wish to know how this will be done. What is tax liability for both parties.
As per current ready reckoner the value is about 45 INR. No depreciation is calculated.
Please guide.
It is a genuine gift case.
Hi Dhyan
The gift amount above 50,000 would be taxable in this case since the owners are not related. Still, I will suggest you to consult a CA.
Hello Sir,
My name is Manasa.Im living in US with my husband.We want to gift some amount(around 2 lakhs)to my mother’s brother(india) on completion of his 60th birthday(shastipoorthi in telugu).
1)Is it taxable in the hands of recipient?2)Is he comes under ‘blood relatives’ list as per the rules?
One of my friend told that only brother/sister of my husband’s parents came into consideration as blood relatives.Is it true?
Please clarify.
Hi Manasa
Yes, you can gift the amount to your mother`s brother. Just ensure to make a gift deed and transfer it from your account.
Hello Sir,
Me and my brother co-own two flats. One in Delhi and the other one in pune. My brother wants me to settle in pune , hence I am relinquishing my share in Delhi flat and he is relinquishing his share in pune flat. Since I am moving to another city he is gifting me 50lacs as gift. Hope it would not attract any income tax on my end. We will sing a MoU and will mention above that he is gifting me 50 lacs and will get it registered by way of gift deed.
Regards, Tripathy.
Hi
It will not attract any gift tax. Any future income from this 50 Lakhs would be taxable.
i win a prise of a lucky drow of a company whose valuation is 4lakh now company is saying that you have to pay 30% tds of the total valuation to the income tax department is this coll is genuine please reply on urgent basis
No, the call does not seem to be genuine. Please avoid. They will ask you to deposit the money and will run away.
This is to state that I have won a prize of Tata Ace Gold / Tata Ultra through participation in the ‘Diesel Bharo Truck Jeeto” campaign run by Indian Oil Corporation Ltd. from 10.09.2019 to 08.12.2019.
I hereby further state that I have won the Tata Ace Gold / Tata Ultra prize with value amounting to Rs. (Rupees……….) and I have paid income tax amounting to Rs. (Rupees……….) being 30% of the prize value, vide challan s.no. …..dated……under section 194B of the Income Tax Act.
I further declare that I shall disclose the said income in my return of income under the head “Income from Other Sources” for AY 2020-21.
Signature:
Date:
Name:
PAN:
Address:
I enclose copy of the PAN and challan along-with this undertaking.
THEY WERE SAYING ME I HAVE TO PAY 30%TDS TO THE INCOMEME TAX DEPARTMENT BY THE CHALLAN NOT TO ANY PERSON
Sending a pair of dress as a gift from aboard to india of worth rs.3000. Does that gift receiver has to pay tax and customs for receiving the gift ?
If there is a mistake happen on the side of customs department, what to do ?
Dear Concern,
If an NRI received a cash of Rs. 12 Lakhs as a gift from his father in-law and he deposited in his saving accounts. Will it attracts tax
Hello, I am a naturalized US citizen and inherited a house in India from my mother. My nephew spent his money on my requestto update the house. I would like to pay him back. Will he incur tax on my bank transfer to him?
Can I gift 2.5 lacs each to my minor and major grandsons for two consecutive years without any tax implications for me as well my grandsons? Both are studying and don’t see any income.
Can a friend or relative in India receive about USD 5000 as gift from a foreign national/ NRI. Is any declaration/ documentation needed on receiving the money in India.