In India, gifts are taxed in the recipient’s hands under Section 56(2)(x). Gifts from specified relatives, on the occasion of marriage, or received by will/inheritance are exempt. Cash or specified property from non-relatives becomes taxable when the aggregate value exceeds ₹50,000 in a financial year; real estate has separate stamp-duty value tests. Tax is at your normal slab rate. (Income Tax India)
Why this matters
Gifts are a common part of Indian family and wealth-transfer culture—whether funding a child’s education, supporting a relative abroad, or passing on property. Knowing when a gift is tax-free and when it triggers tax under “Income from Other Sources” helps you avoid unpleasant surprises and plan transfers cleanly. (ClearTax)
What counts as a “gift”?
Under Section 56(2)(x), a “gift” includes money, immovable property (land/building), and specified movable property (e.g., shares/securities, jewellery, bullion, art). The provision applies to individuals and HUFs. Taxability depends on who gifted it, what you received, and how much. (Income Tax India)
Tax-free gifts (fully exempt)
- From “relatives” (definition below) — no limit.
- On your marriage (only the bride/groom; not parents/others receiving gifts for the event).
- By will or inheritance.
- In contemplation of death of the donor.
- From certain institutions (local authority; specified charitable entities registered under section 12A/12AB or approved u/s 10(23C)). (Income Tax India)
Who is a “relative”? (for an individual)
Spouse; brother/sister of you or your spouse; brother/sister of either parent; any lineal ascendant/descendant of you or your spouse; and the spouses of all these persons. For an HUF, any member is a relative. (Income Tax India)
When gifts become taxable
1) Money from non-relatives
If the aggregate of cash/transfer/cheque/NEFT etc. received during the financial year exceeds ₹50,000, the entire amount becomes taxable. (Threshold is not a deduction—cross it and the full sum is taxed.) Report under Schedule OS in your ITR. (Income Tax Department)
2) Specified movable property (e.g., shares, jewellery)
- Without consideration: If aggregate FMV > ₹50,000, the entire FMV is taxable.
- For inadequate consideration: If FMV – consideration > ₹50,000, the difference is taxable. (Aggregation applies across such properties in the year.) (https://www.taxmann.com)
3) Immovable property (land/building)
- Without consideration: If stamp duty value (SDV) > ₹50,000, the SDV is taxable.
- For inadequate consideration: If SDV – price paid exceeds the higher of ₹50,000 or 10% of price, the difference is taxable. (This 10% “safe harbour” mirrors section 50C on the seller side.) (ClearTax, TaxTMI)
Heads-up: These real-estate rules apply per property (not an annual aggregate), unlike money/movable assets which aggregate across the year. (Income Tax Department)
Special situations Indian investors ask about
Gifts within the family & HUFs
- Individual ↔ relative gifts are exempt (no upper limit).
- HUF → member gifts are generally treated as from “relatives”/exempt; courts have also recognized exemption u/s 10(2) on distributions to members in certain cases. Document the gift and purpose. (Income Tax India, PwC)
NRI angle: where is the gift received?
Taxability follows the recipient’s status and place of receipt:
- Resident (ROR): Taxable in India on global gifts (unless exempt as above).
- RNOR/Non-resident: Section 56(2)(x) generally applies if the gift is received in India; a gift received outside India by a non-resident is typically not chargeable in India (no accrual/receipt in India). Plan the mode/place of receipt carefully. (Income Tax Department, Indian Embassy USA)
Practical example: A US-based child (non-resident) receiving money into a US account from a resident parent typically does not trigger Indian gift tax in the child’s hands; the same money received in an Indian account would. Exemption still applies if the donor is a relative. (ICICI Bank)
Gifts from employer (Diwali, anniversaries, vouchers)
Employer gifts are perquisites in salary: gift/voucher/token up to ₹5,000 (aggregate per FY) is exempt; cross ₹5,000 and the value becomes taxable as salary (cash gifts are fully taxable). See Section 17(2)(viii) read with Rule 3(7)(iv). (Income Tax India)
Big cash gifts & penalties
Regardless of gift-tax rules, receiving ₹2,00,000 or more in cash from a person in a day/event violates Section 269ST (penalty equal to the amount under Section 271DA). Use banking channels. (Income Tax India)
Quick reference: Taxability grid
| Scenario | Threshold | What becomes taxable? | Where to show |
|---|---|---|---|
| Money from non-relative (FY aggregate) | > ₹50,000 | Entire aggregate | ITR Schedule OS |
| Shares/jewellery etc. received free (FY aggregate) | > ₹50,000 FMV | Entire FMV | Schedule OS |
| Shares/jewellery etc. for less than FMV | Diff. > ₹50,000 | FMV – price | Schedule OS |
| Immovable property received free | SDV > ₹50,000 | SDV | Schedule OS |
| Immovable property for less than SDV | SDV – price > max(₹50,000, 10% of price) | SDV – price | Schedule OS |
| From “relative” / on marriage / will / inheritance | — | Fully exempt | — |
Sources: ITD FAQs & Section 56(2)(x) explainer; ITR-2 instructions. (Income Tax India, Income Tax Department)
Simple formulas you can use
- Money gifts (non-relatives):
If Σ money gifts in FY > 50,000 → Taxable amount = Σ money gifts. (Income Tax Department) - Movable assets (non-relatives):
If Σ FMV (free) > 50,000 → Taxable = Σ FMV.
If Σ (FMV − price) > 50,000 → Taxable = Σ (FMV − price). (https://www.taxmann.com) - Immovable property:
Free: If SDV > 50,000 → Taxable = SDV.
Inadequate price: If (SDV − price) > max(50,000, 10% × price) → Taxable = SDV − price. (ClearTax)
Documentation & compliance checklist
- Gift deed/letter stating donor, donee, relationship, date, mode, amount/property.
- Banking trail for money gifts; avoid cash (Section 269ST). (Income Tax India)
- Valuation: Keep FMV working papers for movables; SDV for property. (https://www.taxmann.com)
- Report taxable gifts in ITR Schedule OS; maintain PAN/Aadhaar of donor where available. (Income Tax Department)
- Clubbing rules: Although the gift itself may be exempt (e.g., to spouse/minor child), future income from the gifted asset can be clubbed back to the donor under Section 64. Example: Interest/dividends/rent earned on the gifted asset. (Income Tax India)
Worked examples
- ₹70,000 received by Uday from a friend (bank transfer).
Aggregate money gifts from non-relatives > ₹50,000 ⇒ ₹70,000 taxable in Uday’s hands at slab rate. (Income Tax Department) - Neha buys a flat from her cousin for ₹50 lakh; SDV is ₹56 lakh.
Difference = ₹6 lakh. Test = higher of ₹50,000 or 10% of price (=₹5 lakh). Since ₹6 lakh > ₹5 lakh, ₹6 lakh taxable to Neha u/s 56(2)(x). (Cousin is not a covered “relative”.) (ClearTax) - Parent gifts ₹25 lakh to daughter via NEFT.
Parent is a relative ⇒ Fully exempt, no limit. Later interest earned on a FD made from this gift is not clubbed back (clubbing applies when donor gifts to spouse/minor child; here donor ≠ spouse/minor). (Income Tax India) - NRI son receives US$10,000 from resident father into his US bank.
Gift from relative and received outside India by a non-resident ⇒ Not taxable in India. (ICICI Bank, Indian Embassy USA)
FAQs
Is there TDS on gifts?
No general TDS for receiving a gift. If there is consideration (e.g., you buy property), other TDS provisions (e.g., 194-IA) may apply—but a pure gift has no TDS requirement.
Are employer gifts taxed as gifts or salary?
As salary perquisites. Gift/voucher/token up to ₹5,000 per FY is exempt, beyond which it’s taxable as salary (cash fully taxable). (Income Tax India)
Can I accept a ₹3 lakh cash gift at my wedding?
Avoid cash. Section 269ST prohibits receipts of ₹2 lakh or more in cash from a person in a day/event; penalty equals the amount. Use bank transfers/cheques/UPI. (Income Tax India)
Do I aggregate gifts across people?
For money and specified movables, you aggregate across all non-relative donors in the FY. For immovable property, the test is per property. (Income Tax Department)
Key takeaways for Indian investors
- For most family transfers, ensure the donor qualifies as a “relative”—it’s the cleanest exemption. (Income Tax India)
- Exceeding ₹50,000 from non-relatives flips the switch: the full amount becomes taxable. (Income Tax Department)
- Real estate gifts/purchases have SDV and 10% safe-harbour tests—evaluate before executing. (ClearTax)
- Watch clubbing for gifts to spouse/minor child; structure investments accordingly. (Income Tax India)
- Avoid cash; keep papers (gift deed/valuation/bank trail). (Income Tax India)
Related reading on Endovia Wealth
- HUF: Tax Benefits & Formation Guide
- How to Avoid Double Taxation for NRIs
- Current Income Tax Slabs: Old vs New Regime
- TDS on Property Transactions
- Succession Planning & Family Trusts
Compliance note: This is a general guide. For high-value or cross-border gifts (NRE/NRO accounts, property, FEMA), take personalised advice.
Sources: Income Tax Department FAQs & pages on Section 56(2)(x), ITR-2 instructions; clarificatory secondary references for safe-harbour and practice notes. (Income Tax India, Income Tax Department, ClearTax, TaxTMI)