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Can my wife or I be liable for capital gains tax on gifted shares?

T S Khurana

T S Khurana   | Answer  |Ask -

Tax Expert - Answered on Aug 14, 2024

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more
Asked by Anonymous - Aug 10, 2024Hindi
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If i gift shares to my wife and when my wife sells these shares who is liable to pay tax. There is an mixed opition reading online articles one point is that the person receiving the shares is liable to pay capital gain tax second view is that the capital gain tax will be clubbed to the income of person gifting shares to wife ..Please clarify

Ans: This is a case of Gift of Shares to Spouse, without Consideration & without an agreement to live apart.
In this case any Income/Capital Gain from sale of such shares, shall be clubbed together with the income of the transferor.
To me, your second option on opinion taken earlier seems more relevant & logical (as mentioned in your question).
Most Welcome for any further clarifications. Thanks.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ans: Hi Nandu,

Greetings!

Could you please let me know which year you completed your course and whether you are currently doing an internship or apprenticeship? An internship is part of the curriculum, where students gain practical training, sometimes with a stipend and sometimes without. After completing your course, you can opt for an apprenticeship, which typically lasts one to one and a half years and includes a stipend, usually split 50%-50% between the industry and government.

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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