Kind of gift | Monetary threshold | Quantum taxable |
Any sum of money without consideration | Sum is more than Rs.50000 | Entire sum of money received |
Any immovable property like building, land, etc. without consideration | Stamp duty value* is more than Rs. 50000 | Property’s stamp duty value |
Any immovable property for inadequate consideration | Stamp duty value* exceeds consideration by more than Rs. 50000 | Stamp duty value Minus consideration Example 1: Stamp duty value: Rs. 2L Consideration: Rs. 75000. Taxable amount: Rs. 1.25L (stamp duty value exceeds consideration by more than Rs. 50000) Example 2: In the previous example, if consideration is Rs. 1.6L, the taxable gift is Nil as stamp duty value doesn’t exceed consideration by more than Rs. 50000 |
Any property (drawings, shares, jewelry, etc.) other than immovable property without consideration | Fair market value *(FMV) is more than Rs 50,000 | FMV of such property |
Any property other than immovable property for a consideration | FMV exceeds consideration by more than Rs 50,000 | FMV Minus consideration |
ry of donee(recipient of gift) | Category of donor | Occasion covered |
Individual | Relative (spouse, sister and brother of spouse and self, sister and brother of parents or parents-in-law, any lineal descendant or ascendant of spouse or self, spouse of any of the relatives specified here. | NA |
Individual | Any person | Individual’s marriage |
Any person | Any person | By way of inheritance or under a will |
Any person | Individual | In contemplation of death of donor or payer |
Any person | Local authority –Cantonment Board, Municipal Committee and District Board, Municipality, Panchayat. | NA |
Any person | from any university or foundation or fund or other educational institution or any medical institution or any trust or institution referred to Section10(23C) | NA |
Any person | Any religious or charitable trust registered under section 12AA or section 12A | NA |
Any institution or trust or fund or any university or other educational institution or medical institution established for educational/philanthropic/religious/ charitable purpose and approved by the prescribed authority. | Any person | NA |
Members of HUF | HUF | Any distribution of capital assets on partial or total partition of a HUF |
Trust established or created solely for the benefit of individual’s relative | Individual | NA |
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Wondering how to show gift received from parents in income tax return
.
In India, gifts received from specified relatives are exempt from income tax under Section 56(2)(x) of the Income Tax Act. However, such gifts must still be disclosed in the Income Tax Return (ITR).
Where to Declare Gift Income in ITR?
Here’s how to show gift received from relative in ITR:
ITR 1 (Sahaj): Suitable for salaried individuals with income up to Rs. 50 lakh, one house property, and other sources (interest, etc.). It does not have a specific section for exempt income.
ITR 2, 3, and 4: Have sections to disclose exempt income, making them suitable for individuals with various income sources, including gifts.
Steps to Disclose Gifts in ITR 2
Access the ITR 2 Form: Download from the
Income Tax e-filing portal
or use the
online form
.
Navigate to the ‘Exempt Income’ Section: In the ITR 2 form, this is found under Schedule EI (Exempt Income).
Enter Details of the Gift: In the ‘Other exempt income’ field, specify the nature and amount of the gift received from relatives.
Example
Suppose you received Rs. 2,00,000 as a gift from your father. Here's how to report it:
Download and open ITR 2 form.
Go to Schedule EI (Exempt Income).
In the field for ‘Other exempt income’, enter Rs. 2,00,000 with a description like "Gift received from father".
Additional Points to Consider:
Documentation: Keep proper documentation for the gift, such as a gift deed or bank statements, in case of future scrutiny by the Income Tax Department.
Taxable Gifts: If gifts from non-relatives exceed Rs. 50,000, report them under ‘Income from Other Sources’ and pay the necessary tax.
While gifts from specified relatives are exempt from tax, they must be disclosed in the appropriate section of the ITR to ensure transparency and compliance. Proper disclosure helps avoid future tax complications and maintains clear financial records.
This is all about how to show gift received from relative in ITR
.
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I’ll help you with gift received from relatives where to show in ITR.
Gifts received from specified relatives are exempt from income tax. It means gifts received from relatives are not considered taxable income.
"Relative" is defined in the Act and includes:
Spouse
Sibling (brother or sister)
Spouse's sibling
Lineal ascendant (parent, grandparent, etc.)
Lineal descendant (children, grandchildren, etc.)
However, it's important to maintain proper documentation of the gift. It includes details like the giver's name, relationship, and the date of the gift to provide proof to the tax authorities.
If you receive a gift from a relative not covered by the exemption provisions, it is taxable as "income from other sources." You are required to pay tax on it as per the applicable tax rates.
This is
how to show gift received from relative in ITR.
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I heard that my friend’s wife received Rs 30 lakh from her brother as a gift. However, she did not mention it on her ITR and got a notice from the ITR department. I suggested my friend get advice from an ITR consultant. He informed them that gifts received from relatives are not subject to the gift tax, but one must disclose the same in their ITR. I was going through Shreya Singhal’s answer, and I completely agree with the list of gift tax exemption relatives India that she mentioned.
The list includes; Spouse of the individual, brother or sister of the individual, brother or sister of the spouse of the individual, brother or sister of either of the parents of the individual, any lineal ascendant or descendant of the individual, any lineal ascendant or descendant of the spouse of the individual, spouse of the persons referred to in (2) to (6).
However, apart from this list the ITR expert also informed them that a gift received from a member of the HUF is also exempt from income tax.
Where to show exempt gift income in ITR?
He told them that a notice was sent because the Assessing Officer might be suspecting that they were trying to conceal income. From an income tax perspective, receipt of a gift from a relative does not trigger taxation, i.e., it is exempt in the hands of the receiver. However, it has to be disclosed as “Exempt income” in Schedule EI of the ITR form.
After getting clarified about their query, about “How to report gift income on tax return?” the ITR expert suggested them to gather all the documents and send them within the stipulated deadline mentioned in the notice and cooperate with the tax authorities in the proceedings.
Also, to expand on the topic of “how to declare gift in income tax return?” He advised them to obtain proof of her brother's regular income in the form of documents so that they could demonstrate his capacity to give such a gift. Along with the information like the cheque's number, date, and bank.
Though there is a list of gift tax exemption relatives India, I’d like to suggest that you should provide full proof of information about every income that is credited to your account.
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We are frequently curious about the tax consequences of gift money and how it is taxed. Is the donor or the beneficiary subject to tax? If you are also curious to know about
gift tax in India, I will help you out here.
A gift is any asset that is obtained without asking for anything in return, such as cash, a house, shares, jewellery, etc., and the recipient counts as capital. Money, mobile property, or immovable property are all acceptable forms of payment.
Consult the legal experts of NoBroker to learn more about gift tax in India, here.Rules for a gift received from relative is taxable
In order to learn about a
gift from relative to be shown in ITR
, let's go through some guidelines.
1) Gifts up to Rs 50,000 a year: Regardless of who gives the money if the value of the present is less than Rs 50,000 each year, the beneficiary will not be subject to tax. However, if the sum exceeds ₹50,000, it would be fully added to the recipient's taxable income.
2) Gifts from relatives: What happens if the recipient is blood-related? Even then does the basic norm of Rs 50,000 apply to all donors in general, such as friends? No. The total sum received in such circumstances is completely exempt from any taxation.
A relative would include any of the following for gift transactions:
1) The spouse of the person
2) The person's brother or sister
3) Spouse's brother or sister
4) The brother or sister of the person's parents
5) Any direct ancestor or descendant of the people
6) Any lineal ancestor or descendant of the person's spouse
7) The spouse of the individuals mentioned in (2) to (6)
Gifts & Clubbing of Income
The money derived from the donation is not entirely exempt, but the gift itself is.
The income tax department subsequently divides the receivers depending on their dependence on the donor in order to prevent tax evasion and deter tax evaders from taking advantage of the loopholes. It is known as income clubbing.
Special Gifts & Income Tax Exemption
The gifts on the following list are completely exempt from taxation regardless of whether they have been received in cash or another form:
Gift received as an inheritance or per a will.
A gift offered at the time of the donor's death.
A gift from any municipal government.
Gift from any fund, foundation, hospital, school, another educational facility, trust, or institution mentioned in Section 10 (23C).
Gift from any charity or trust, which would be registered as a public charitable trust under Section 12AA.
Marriage Gifts & Income Tax Exemption
According to the taxation of gifts clause, any gift received in the event of the marriage from any person is not subject to income tax. This exemption is unbounded in terms of money. However, taxes are due if presents are received for an engagement or wedding anniversary.
Do you need to report or show the gift received in your Income Tax Return?
According to the aforementioned principles, any money received from family members or for a wedding should not be reported as another source of income under the heading "Income from Other Sources" when submitting your taxes. These gifts do not meet the criteria for "Income chargeable to tax," hence they do not need to be disclosed in ITRs.
However, you can declare the value of the gift you got as "Exempt Income" in your ITR if you acquire a property through a registered gift deed (in which your PAN is mentioned). This is done to ward off future income tax authorities' examination. Additionally, it is advisable to get the gift deed executed when you receive a present.
With effect from 1 April 2017, cash gifts over Rs 2 lakh may be liable to a tax under Section 269ST, even if they come from family members. This is what you need to know about
gift tax in India.
Read More: What is the Limitation on Gift Tax in India? Gift tax is which type of tax? How can my property tax bill name change on the basis of a gift deed transfer?Your Feedback Matters! How was this Answer?
Hi,
While Mr. Sarthak has explained it quite elaborately about Gift from relative in ITR should be shown in which category. I believe I can help you understand better about gift from relative exempt from income tax. As you know, gifts from some individuals do not attract any Income Tax liability. Here is a list of relatives who can give you gift and you won’t have to pay taxes:
Spouse/ Partner
Brother or sister
Brother or sister of the partner
Brother or sister of either of the parents
Any lineal ascendant or descendant
Any lineal ascendant or descendant of the spouse
Spouse of brother or sister
Partner of any lineal ascendant or descendant of the spouse
These are the other scenarios where you won’t have to show gift in ITR.
Gift received in marriage
Gifted received by inheritance executed through will
Money received in contemplation of death of the individual or karta of the family
Gifts obtained from local authority or charitable trust
As explained by Mr. Sarthak, the gift can be shown in ‘Income from other sources’ section if the gift amount exceeds Rs. 50000 limit for the financial year.
I hope I was able to help you understand the nitty gritty of gift from relative exempt from income tax and how to show gift in Income tax returns.
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What is the difference between sale and gift
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Where to show gift received from relatives in ITR?
Neeraj
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6 Answers
3 Year
2021-11-02T17:32:33+00:00 2024-07-23T14:03:33+00:00Comment
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