Tax treatment of monetary gifts received by an individual or Hindu Undivided Family (HUF)
If the following conditions are satisfied then any sum of money received without consideration (i.e., monetary gift may be received in cash, cheque, draft, etc.) by an individual/ HUF will be charged to tax:
- Sum of money received without consideration.
- The aggregate value of such sum of money received during the year exceeds Rs. 50,000.
Though the provisions relating to gift applies in case of every person, but it has been reported that gifts by a resident person to a non-resident are claimed to be non-taxable in India as the income does not accrue or arise in India. To ensure that such gifts made by residents to a non-resident person are subjected to tax in India, the Finance (No. 2) Act, 2019 has inserted a new clause (viii) under Section 9 of the Income-tax Act to provide that any income arising outside India, being money paid without consideration on or after 05-07-2019, by a person resident in India to a non-resident or a foreign company shall be deemed to accrue or arise in India.
Cases in which sum of money received without consideration, i.e., monetary gift received by an individual or HUF is not charged to tax
In following cases, monetary gift received by an individual or HUF will not be charged to tax:-
1) Money received from relatives. Relative for this purpose means:
(i)In case of an Individual
- a.Spouse of the individual;
- b.Brother orsister of the individual;
- c.Brother or sister of the spouse of the individual;
- d.Brother orsister of either of the parents of the individual;
- e.Any lineal ascendant or descendent of the individual;
- f.Any lineal ascendant or descendent of the spouse of the individual;
- g.Spouse of the persons referred to in (b) to (f).
(ii) In case of HUF, any member thereof.
2) Money received on the occasion of the marriage of the individual.
3) Money received under will/ by way of inheritance.
4) Money received in contemplation of death of the payer or donor.
5) Money received from a local authority [as defined in Explanation to section 10(20) of the Income-tax Act].
6) Money received from any fund, foundation, university, other educational institution, hospital or other medical institution, any trust or institution referred to in section 10(23C). [w.e.f. AY 2023-24, this exemption is not available if a sum of money is received by a specified person referred to in section 13(3)]
7) Money received from or by a trust or institution registered under section 12A, 12AA or section 12AB [w.e.f. AY 2023-24, this exemption is not available if a sum of money is received by a specified person referred to in section 13(3)].
8) Money received by any fund or trust or institution any university or other educational institution or any hospital or other medical institution referred to in section 10(23C)(iv)/(v)/(vi)/(via).
9) Money received as a consequences of demerger or amalgamation of a company or business reorganization of a co-operative bank under section 47.
Taxability of monetary gifts received from friends
Gifts received from relatives are not charged to tax. Friend is not a ‘relative’ as defined in the above list and hence, gift received from friends will be charged to tax .
Once the aggregate value of gifts received during the year exceeds Rs. 50,000 then all gifts are charged to tax
Sum of money received without consideration by an individual or HUF is chargeable to tax if the aggregate value of such sum received during the year exceeds Rs. 50,000.
The important point to be noted in this regard is the “aggregate value of such sum received during the year”. The taxability of the gift is determined on the basis of the aggregate value of gift received during the year and not on the basis of individual gift. Hence, if the aggregate value of gifts received during the year exceeds Rs. 50,000, then total value of all such gifts received during the year will be charged to tax (i.e. the total amount of gift and not the amount in excess of Rs. 50,000).
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In this article
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- Latest Tax News & Updates
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