• Taxation

Ref to my earlier question. When a person is giving a property as a gift deed all the lawyers mentioned that the property is not liable for taxation. 
How ever if the property was purchased many years back for 20 lakhs and if the current valuation amount from the government of Kerala amounts to 1 crore is the giver of the property liable for taxes for this difference in value appreciated over time ?
Asked 2 years ago in Property Law
Religion: Hindu

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7 Answers

when you sell the property you  have to pay long term capital gains tax . 

 

2) The calculation of the capital gain tax will depend on the holding period of the property. In the case of the sale of gifted property, the holding period starts from the time when the property was purchased by the person who gifted you the property (donor) and not from the time you received the gift.

 

 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

NO

There is appreciation in property rates every year

so even if after one year of purchase the property is gifted then by the logic in your question the donor has to pay tax on the differential 

it makes no sense that the donor would transfer his property for free and at the same time also pay tax 

this would essentially stop anybody from gifting his or her property

 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

In case of gift only applicable stamp duty and cess, if any, shall be payable by the donor. Except stamp duty no other amount on account of tax is payable.

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Since the property is transferred to another person by a gift deed without receiving any consideration amount, then there's no question of any tax involved in it.

Therefore there is no necessity to pay long time capital gains tax for this transfer 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

- When a property is received as a gift, it is not taxable for the receiver , and when the receiver of this gift of property sells it, capital gains on the sale are taxable .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

A gift deed is a transfer of property without any consideration. This means that the recipient of the property does not have to pay any tax on the gift. As a result, there is no long-term capital gains tax liability for the transfer.

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

It’s not liable for taxation unless you earn from that property 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

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