Article explains Income Tax Treatment of Immovable Property Received as Gift Without Consideration or for Inadequate Consideration, Any property other than immovable property received Without consideration of For Inadequate Consideration and all those gifts which are fully exempt under Income Tax under Section 56(2)(X)
If aggregate value is less than Rs.50000 than nothing will be taxable. If value exceeds Rs. 50,000, the whole amount will be taxable.
Where any person receives, in any previous year, from any person or persons any property other than immovable property without consideration, the aggregate fair market value of which exceeds fifty thousand rupees, the whole of the aggregate fair market value of such property will be taxable in the hands of receiver.
Where any person receives, in any previous year, from any person or persons any property other than immovable property for a consideration which is less than the aggregate fair market value of the property by an amount exceeding fifty thousand rupees, the aggregate fair market value of such property as exceeds such consideration.
The excess differential amount will be taxable in the hands of receiver.
Where any person receives, in any previous year, from any person or persons any immovable property without consideration and the stamp duty value of which exceeds fifty thousand rupees then in such case, the stamp duty value of such property will be taxable in the hands of receiver.
Where any person receives, in any previous year, from any person or persons any immovable property for a consideration, the stamp duty value of such property as exceeds such consideration, if the amount of such excess is more than the higher of the following amounts:
(i) the amount of fifty thousand rupees; and
(ii) the amount equal to five per cent of the consideration
The excess differential amount will be taxable in the hands of receiver.
If any gifts are received in following situations or from below mentioned people then those gifts will be fully exempt under Income Tax.
Any sum of money or any property received:
Note: In the above-mentioned points the term Relatives means
– Spouse of Individual
– Brother & Sister of Individual
– Brother & Sister of Spouse of Individual
– Brother & Sister of either of the parents of Individual
– Any Lineal ascendants or descendants of the individual
-Any Lineal ascendants or descendants of the spouse of the individual.
Below is a comprehensive list of Donors as per definition of relative under I.Tax Act (Hindi connotation has also been mentioned)
List of Male Donors | List of Female Donors |
Father (Papa or Pitaji) | Mother (Maa or Mummy) |
Brother (Bhai) | Sister (Bahin) |
Son (Beta or Putra) | Daughter (Beti or Putri) |
Grand Son (Pota or Potra) | Grand Daughter (Poti or Potri) |
Husband (Pati) | Wife (Patni) |
Sister’s Husband (Jija) | Brother’s Wife (Bhabhi) |
Wife’s Brother (Sala) | Wife’s Sister (Sali) |
Husband’s Brother (Dewar) | Husband’s Sister (Nanad) |
Mother’s Brother (Mama) | Mother’s Sister (Mausi) |
Mother’s Sister Husband (Mausa) | Wife’s brother’s wife (Sala Heli) |
Father’s Brother (Chacha or Tau) | Father’s Brother’s Wife (Chachi or Tai) |
Father’s Sister’s Husband(Fufa) | Father’s Sister (Bua) |
Grand Father (Dada, Pardada) | Grand Mother (Dadi, Pardadi) |
Daughter’s Husband (Jawai) | Son’s Wife (Bahu or Putra Vadhu) |
Spouse Father (Sasur) | Spouse Mother (Sas) |
Spouse Grand Father (Dada Sasur) | Spouse Grand Mother (DadiSas) |
Brother’s Wife (Bhabhi) | Mother’s Brother’s Wife (Mami) Husband’s Brother’s Wife (Devrani or Jithani) |
Republished with Amendments