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Gift Tax in India – Taxability of Gifts from Relatives and Non-Relatives | Nainit Savla

Gift Tax in India

Planning to gift money, property, or shares to a family member or friend? In India, gifts from specified relatives are completely exempt from income tax, but gifts above Rs 50,000 from non-relatives in a year are fully taxable. Nainit Savla & Associates advises on gift tax implications, clubbing of income on gifted assets, NRI gifts, and tax-efficient family wealth transfer planning.

Gift Planning for Families

Structuring gifts within families to maximise exemptions — identifying specified relative relationships, timing of gifts, and property transfer structures to minimise recipient tax exposure.

Clubbing of Income Advisory

Advisory on avoiding clubbing of income under Section 64 when gifting assets to spouse or minor children — alternative structures such as loans at market interest rates.

NRI Gift Compliance

Advisory on gifts to and from NRIs — FEMA compliance for foreign currency gifts, Indian tax on gifts from NRI relatives, and reporting of foreign gifts in the Indian ITR.

Property Gift Valuation

Computation of tax liability when gifting immovable property below stamp duty value — Section 56(2)(x) implications and alternative structures to minimise recipient tax on property gifts.

HUF Gift Planning

Advisory on gifts to HUF by members and non-members, karta gifts from HUF, and the tax implications of coparcenary property contributions to the HUF corpus.

Foreign Gift Reporting

Advisory on Indian tax on gifts received from foreign sources — mandatory ITR disclosure and potential taxability under Section 56(2)(x) for gifts above Rs 2 lakh from non-relatives abroad.

Gift Tax Treatment at a Glance

Type of GiftTax Treatment
Gift from specified relativeFully exempt — no limit
Gift from non-relative (aggregate above Rs 50,000 in a year)Entire amount taxable as Income from Other Sources at slab rate
Gift on occasion of marriageFully exempt — no limit, from any donor
Gift by will or inheritanceFully exempt
Immovable property below stamp duty valueDifference between stamp duty value and consideration taxable if it exceeds Rs 50,000

Specified Relatives for Gift Tax Exemption

  • Spouse
  • Brother or sister (including by half-blood or marriage)
  • Brother or sister of spouse
  • Brother or sister of either parent
  • Any lineal ascendant or descendant (parents, grandparents, children, grandchildren)
  • Spouse of any of the above relatives
  • Members of HUF receiving gifts from the HUF

Planning a Gift? Ensure It's Tax-Efficient and Compliant.

From relative gift structuring and clubbing avoidance to NRI gift compliance — our advisors help you plan every family wealth transfer correctly.

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F.A.Q.

GSTR-9 is an annual GST return that summarizes all transactions reported during the financial year. It is required to ensure proper reconciliation and compliance with GST laws.

All regular GST-registered taxpayers are required to file GSTR-9, except composition dealers, casual taxable persons, and non-resident taxpayers.

The due date is generally 31st December following the end of the relevant financial year, unless extended by the government.

It includes details of outward supplies, inward supplies, input tax credit claimed, taxes paid, and adjustments made during the year.

GSTR-9 is mandatory for most regular taxpayers, but certain small taxpayers may get exemptions based on turnover thresholds notified by the government.

Late filing may result in penalties and late fees, along with potential compliance issues or notices from GST authorities.

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