• Gift deed and income tax

Respected sir
i am a bank employee(net salary 30000/m)and my wife is professor(net salary 45000/m) in college, both are working from feb 2013.my father has 10 acre agriland and my mother also busy in agriculture alied activities(cattle).
i and my wife give 25-30 thousand monthly(a total 10 lakhs in 2-3 years) to my parents for the expenses of my brother marriage and some other family functions.
my mother(never fill an itr) sell a residential plot in march 2016 of amt 10 lakhs(not pay capital gain tax) and transfer this money to my wife a/c.
In june 2016 my wife(fill itr) purchase a residential plot for self residence/occupant by this amt.
my parents took money for my brother's marriage and return the same(without any interest) by selling their property.
is there any liabilities of tax or gift deed tax or any rebate??
Asked 6 years ago in Taxation

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5 Answers

1) When did your mother purchase the property?

If she held the property for more than 36 months( now reduced to 24 months ) it would attract long term capital gains

3) LTCG is exempt for an individual on sale of a residential house property, if such gains (not the whole consideration) is utilised to purchase or construct another residential house.

4) It should be noted that the new house should be purchased within one year before or two years after the date of transfer. In case of construction, the new house should be constructed within three years from the date of transfer

5) in your case sale proceeds have been transferred in your wife name and property purchased by your wife in her name

6) As per provisions of Income Tax Act, 1961, any long term capital gains arising from transfer of any capital asset would be exempt from tax under section 54EC of the Act if: The entire capital gain realized is invested within 6 months of the date of transfer in eligible bonds. Such investment is held for 3 years.

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

If there was a loan transaction between your mother and your wife then it is to be show in her ITR.

Otherwise she has to show income from other sources, i.e., gift from mother in law in her ITR, but the gift from relatives are exempted form IT.

any gift from relatives of any amount during the financial year is completely exempt from tax.

a gift received by an individual from his spouse, or from his brother or sister, or from the spouse's brother or sister, parents, or from any lineal ascendant or descendant of oneself or one's spouse would normally be fully tax-exempt. Similarly, any gifts of any amount whatsoever received from the spouses of any of these persons would also be completely exempt from income tax.

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

there is no liability on your mother to pay any long term capital gains tax as she did not make any gains on sale of property

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

The taxes shall be applicable only when there is a capital gain arrived while selling the property.

If there is no gain then there is no income hence no tax need to be paid.

Simply show the transaction in the ITR.

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

Hi,

The amounts received by your wife, will be exempt under the Income-tax Act, 1961, as it will be considered as gift from a relative.

Your mother has incurred a Capital Loss, hence, no tax has to be paid by her too.

Trust this clarifies.

Regards,

Keerthiga Sharma

M.Com., CA, LL.B

Keerthiga Sharma
Advocate, Greater Mumbai
44 Answers
2 Consultations

5.0 on 5.0

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