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| TAXATION ON GIFTS-
CA. Satish Agarwal
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| (I) Income tax is chargeable on the gifts, received in
‘cheque/cash’ (only), by a Individual/HUF ‘without’ any
consideration, ‘exceeding in aggregate value’ of rupees
50,000 (fifty thousands) in a financial year [*As per
section 56 (2)(vi)]. |
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| (II) ‘No’ Income tax is chargeable on the gifts, ‘exceeding in
aggregate value’ of rupees 50,000 (fifty thousands) in a
financial year [*As per section 56 (vi)] These are as
belows :- |
- Received from the relatives [*Section 56 (2) (vi)(a)].
- Received on the occasion of the marriage from any
person by wife and husband [(both) ‘separately’
*Section 56 (2) (vi) (b)].
- Received by way of will/inheritance [*Section 56(2)
(vi) (c)].
- Received in contemplation of death [*Section 56(2)
(vi) (d)].
- Received from local authority [*Section 56(2) (vi)
(e)].
- Received from any fund/foundation/university/other
educational institution / hospital / other medical
institution/trust/institution [*Section 56(2) (vi) (f)].
- Received from any trust/institution, registered
under Section 12 A [*Section 56 (2) (vi)(g)].
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(III) ‘Definition’ of ‘relatives is (also) including the followings:- |
- Spouse of the individual (wife/husband).
- Brothers/sisters of the individual.
- Brothers/sisters of the spouse of the individua(Brother-in-Law and sister-in-Law).
- Brothers/sisters of ‘ither’ of the parent of the
individual (Bua, Chacha, Mama, Mausi).
- Lineal ascendant/descendant of the individual
(Grand father/mother, son/daughter and grand
son/daughter).
- Lineal ascendant/descendant of the spouse of
Individual (Grand father/mother-in-Law and
father/mother-in-Law).
- Spouse of the person referred to in para (a) to
(f).[Fufa, Chachi, Mami, Mausa].
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Other ‘relevant’ clarrifications are as belows :- |
- Deduction under section 80-C is allowable, against
the gifts treated as income (*Section 56 (2) (v) & (vi)].
- ‘Cash gifts’ from the employer are taxable (Under
the head income from salary).
- In ‘kind gifts’ from the employer are (also) taxable
as perquisite (Under the head income from salary).
- ‘Cash gifts’ received by minor, are to be clubbed in
the hands of father/mother [As case may be,
*section 64 (1A)].
- Exemption ‘upto’ rupees 1500 (One thousand five
hundreds) is available to the father/mother [As case
may be, *section 10 (32)].
- ‘No’ exemption on the ‘cash gifts’ received, from
the ‘relatives’ of a HUF. Henceforth this exemption
is (only) restricted to the individuals.
- ‘No’ exemption on the ‘cash gifts’, received, from
the cousin brothers/sisters. Henceforth this
exemption is (only) restricted to the brothers/sisters.
- ‘No’ exemption on the ‘cash gifts’ received, from
the brothers/sisters of the relatives. Henceforth this
exemption is (only) restricted to the ‘imediate’
relatives.
- Exemption on the ‘cash gifts’ received, from the‘non’-relatives on the occasion of marriage.
- Exemption on the ‘cash gifts’ received, from the‘non’-relatives by way of will/inheritance.
- Exemption on the ‘cash gifts’ received, from the‘non’-relatives, in contemplation of death.
- Exemption on the ‘gifts in kind’ is (also) available.‘in kinds’ includes the followings :-
(la) House property (lb) Jwellery (lc) Securities (Shares
and debentures etc) (ld) Motor vehicle.
- Exemption on the ‘cash gifts’ received, from the‘non’-relatives, ‘before’ Sep. 1st, 2004. ‘without’
any monetary limit.
- Exemption on the ‘cash gifts’ received, from the‘non’-relatives ‘not’ exceeding 25 (Twenty five)
thousands, ‘per person’ ‘per financial year’
‘without’ any limit on number of persons during the
period commencing from 01.09.2004 to
31.03.2006. [Section 56 (2)(v)]. Henceforth
‘condition’ of aggregate in value of 50 (fifty)
thousands was ‘not’ applicable, during 01.09.2004
to 31.03.2006.
- ‘Cash gifts’ exceeding rupees 50 (fifty) thousands
are chargeable to tax under the head ‘Income from
other sources’ [*Section 56 (2) (vi)]. Moreover‘entire’ amount is chargeable to tax.
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Copyright © 2008 NIRC of ICAI ® All rights reserved |
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