• Tax on income from gift

My dad was staying in a flat with his mamaji in his multistory house. after both death, my uncle has decided to sell the building to a builder. he wants to give us share in property earning. this is all white deal and he want to give us small portion for peaceful vacation of house. this property was not in my father name. my questions are:
1) if he give me Rs. 30 lakhs through cheque what will be my liability while filing income tax? in percent since I am already in 30% bracket. 
2) if I take money in my wife name who is housewife, how much tax is she gonna pay in percent?
3) since my uncle is going to pay Rs. 30 lakhs to me without any property transaction/sell/purchase documentations, what is he required to show in his book of accounts? or is there any legal financial way of doing this transaction .
4)and how much he can transfer to me at one go or in 3-4 installments. is there any limit to avoid IT deptt scanner or to have minimum IT liability?
5) if amount is transferred to my wife account what d how much tax she can declare?
Asked 6 years ago in Income Tax

Hi

1 n 2. Please define the exact relation of your uncle. If it's covered under the definition of relative under section 56(2), it will be exempt. Otherwise, it will be taxed under the head Other source.

3. It will be shown as a gift via reduction in capital. Nothing to be shown in income tax return if balance sheet filing is not applicable for him.

4. There's no such limit. However, you may consider splitting the payment in 2 financial years.

5. If your uncle is not covered under definition of relative for your wife, gift shall be taxable and the slab tax rates shall apply.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

In that case, he won't be covered under the definition of relative for both of you. 

If you receive the gift, it will be taxable @ 30%.

If your wife does, it will be taxable according to the tax slab bracket she falls into. If she has no other income except this 30 lacs of gift, tax would be 612500 plus 4% cess.

It is not advisable to receive it in cash. 

Also, execute a gift deed in this regard.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

Since your uncle is your father's brother he can gift you the amount and will not have to pay any tax on same. But you will have to show it as gift in your return of income and you must prepare proper gift deed for the same. Also your uncle must be able to explain the transaction or the source of the money he gave to you and that's it you won't have any issue.

However many might consider brother of parents mentioned in the definition of relative as immediate brother and not cousin brother so that the only point of ambiguity.

There is generally a limit for depositing money in bank account based on which IT people scan you but there is no such limit on withdrawal, so if your uncle withdraws cash and gives you he just need to show it as drawing and nothing else.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Hi,

- It would be taxable as income from other sources. Divide the total receipts into your wife,mother or brothers wife account who don't have other incomes. Get the receipts transferred from mother and brother wife account to wife account then it will be treated as gift.

- He can transfer in one installment.

- Draft a gift deed.

Vivek Kumar Arora
CA, Delhi
5017 Answers
1141 Consultations

Hi,

 

Hope you are doing well !!

 

1 & 2. It would be taxable. He will not be considered as relative for the purpose of income tax.

 

3. Execute a proper deed.

 

4. No such limit. He can transfer to you at one go.

 

5.  It will be taxable as per her slab rate.

Payal Chhajed
CA, Mumbai
5189 Answers
303 Consultations

If you receive the money, it will be taxable as per your slab rate i.e.30%

 

If your wife receive the money, it will be taxable according to her slab rate.

 

Do not receive anything in cash. 

 

 

Payal Chhajed
CA, Mumbai
5189 Answers
303 Consultations

Hi

 

This relation is not exempt under income tax Act ,hence taxable.

It will be taxable in your hands as income from other sources.In wife hands also ,it will be taxable as income from other souces and will be taxed as per her tax slab .

 

As documentation part,draft proper gift deed and take bank transfer.

 

Hope it helps

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

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