• Interest payment

I take a laon of 20 lakh by cheque from mumy friend... he is not demanding me any interest from me .. is it compulsory to give interest to him as per IT department..? If yes than minimum rate of interest per annum to be given...? And also the interest payment could be given in cash..? And also if the loan not paid by me in several years and then if my friend doesn't demand than would it be treat as gift to me?
Asked 5 years ago in Income Tax

What is your business?

Is your business under audit?

One can provide interest free loan if they have so much capital but generally people pay interest just to claim expense and then take it back in cash.

There is no rate mentioned in income tax that needs to be paid.

If it's above 10000 don't pay in cash, if you are covered under audit.

If it stays with you for more than 3 years without any single payment and government comes to know about it they might treat it as your income and charge tax on same.

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
4279 Answers
98 Consultations

5.0 on 5.0

No gift tax on such receipt of car as it is not covered under section 56.

Naman Maloo
CA, Jaipur
4279 Answers
98 Consultations

5.0 on 5.0

Hi,

 

It is not necessary to pay interest on the loan. However, the transaction seems more genuine when you pay interest on loan by bank.

 

Generally, considering the amount inbolved, the tax department will not challenge the loan as gift if your friend gives confirmation that it's loan.

 

Gift of car is not taxable. As car is out of the definition of property.

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

- Loan from mothers friend can be without interest. 

- Payment of interest in cash is not allowed.

- No it would not be treated as gift but there should be some stipulation for the repayment of the loan.

- Yes, car is taxable in your hands.

Vivek Kumar Arora
CA, Delhi
4855 Answers
1047 Consultations

5.0 on 5.0

Hi,

 

-No, it is not compulsory to pay interest on loan.

 

-There is no rule for minimum rates. 



-No, it would not be treated as gift.

 

Payal Chhajed
CA, Mumbai
5188 Answers
290 Consultations

5.0 on 5.0

No, you will not be liable to pay any gift tax on car.

Payal Chhajed
CA, Mumbai
5188 Answers
290 Consultations

5.0 on 5.0

Hi

No its not compulsory to give Interest.

No ,it will be treated as Gift.It will stand as Unsecured loan in books of accounts. 

 

Yes you will be liable to pay tax on this transaction .

 

 

Hope it helps

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

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