Immovable Asset As Gift From Specific Relatives Not Taxable For Recipient

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Immovable asset such as a property received from some of the specified relatives including mother is not taxable in the hands of a receiver. Nonetheless these transactions are subject to some other levies and fees such as stamp duty implications.

 Immovable Asset As Gift From Specific Relatives Not Taxable For Recipient

In an another instance when the immovable asset is obtained during a financial year without consideration and the stamp duty on such a property values over Rs. 50000 then value of the property is to be shown as income from other sources and income tax needs to be paid on it.

Now, if you consider selling this gifted property, tax implication depending on the ratio of your ownership will apply. So, if the relative who gifted the property to you owns the property say since 1990 then you shall be also deemed as owing it from the year 1995.

Further, any capital gain or loss made on the sale of the property would be taxable as LTCG or LTCL. LTCG is the difference in net sale proceeds and the indexed cost of acquisition of the property. Indexed cost is adjusting the cost of an asset by taking in account the cost inflation index or CII released by the Income Tax periodically. For sale made on or after April 1, 2017, the reference of cost index between April 1, 2001 and the year of sale is taken.

However if your relative first sells the property then the entire LTCG shall be taxable in his hands and gifting of funds to the recipient from a relative say mother shall not arise any tax implication for you.

Story first published: Friday, September 8, 2017, 13:29 [IST]
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