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N Omprakash   25 December 2016

Gift

Sir/s, What is the tax liability on gift of immovable property(plot) from father/mother to married daughter, in Hyderabad/ranga reddy dist. Telangana. And, gift deed procedure please.


 5 Replies

Ms.Usha Kapoor (CEO)     25 December 2016

None. Since gift to  immediate relations by blood and due to marriage etc is made without considerartion but due to natural love they are not chargeable to gift tax  or income tax. Both donor and donee are exempted from  PAYMENT OF TAX..If you appreciate this answer please give me a like on my profile.

1 Like

Santosh Kumar (Advocate)     25 December 2016

GIFTS were brought in the ambit of the Income-Tax Act with effect from September 1, 2004. The provisions initially applied to monetary gifts alone. However, from October 1, 2009, gifting of immovable property was also included as taxable income, along with movable property. Since then, immovable property, i.e., land or building or both, received as a gift, is taxable as income in the hands of the recipient.

However, there are certain circumstances under which a gift (including an immovable property) will not be subject to income tax. One such exception is when the value of the property as assessed for stamp duty purposes does not exceed R50,000. It is pertinent to note that if an immovable property is acquired for a consideration that is less than the stamp duty value of the property and the difference is more than R50,000, such difference will be considered to be a gift received by the purchaser and taxed accordingly.

Further, if the immovable property is received as a gift under the following circumstances, it will not be subject to income tax in the hands of the recipient: They are gift received from a relative, received on marriage, under a will, by way of inheritance, from a local authority, gift received from any fund or foundation or university or other educational institution or hospital or other medical institution or any trust or institution referred to in section 10(23C) and gift received from any trust or institution registered u/s 12AA.

N Omprakash   25 December 2016

Santosh Kumar, sir

I'm bit confused. Here, father/mother would like to gift a piece of land(plot) to their married daughter out of love and affection, without any consideration in lieu. Besides, gift deed registration, is there any tax implication for donor or donee. 

Thank you,

N Omprakash   26 December 2016

Ms Usha Ji,

Thank you very much for your expert opinion on GIFT.

Omprakash

N Omprakash   26 December 2016

Santosh Kumar, sir

Though bit confused, I got it. Thank you very much for your professional opinion on GIFTs.

 

Omprakash


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