I have invested in 10 equity funds more than five years ago in my name, costing above Rs 10 lakhs in total from my taxed salary earnings.

I want to gift these MFs to my two adult sons. Please advise about tax liability for me and my sons, both of whom are in 30 per cent tax bracket. I am in the 20 per cent tax range.

Ans: Hello,

Your mother's intention to distribute her investments among her children is a thoughtful gesture. Here's a simple explanation of the process and its tax implications in India.

1. Gifting Process: Your mother can gift her shares and mutual funds to her children. This can be done through a gift deed or even a simple letter stating her intention to gift the shares. The letter should mention the details of the shares/mutual funds, the name of the recipient, and the relationship between the donor (your mother) and the donee (her children).

2. Tax Implications for the Donor (Your Mother): In India, any gift given by a parent to their child does not attract any tax, irrespective of the value. So, your mother will not have to pay any tax when she gifts these shares and mutual funds to her children.

3. Tax Implications for the Donee (Her Children): The children will not have to pay any tax upon receiving the gift. However, if they decide to sell these shares or mutual funds in the future, they will be liable to pay tax under the head 'Income from Capital Gains'. The tax rate will depend on whether it's a short-term or long-term capital gain.

4. Gift Deed: Although it's not mandatory, it's advisable to execute a gift deed for each child. This will serve as a legal document and can be useful in case of any disputes in the future.

I hope this helps!

Ans: Redemption of mutual funds is taxable at prescribed rate depending on the holding period and type of scheme (debt/equity). However, gift to relative is not an Income.

Thus, in your case you will be liable to pay tax on redemption of mutual fund and sons are not required to pay any tax on amount received from you.

Ans: Mutual fund units cannot be gifted or transferred as per the Securities and Exchange Board of India’s (SEBI) regulations, 1996.
This means you cannot gift the mutual fund units to your son. If you have written a gift deed for the gifting mutual funds, it is null and void in the eyes of law as the transfer is not allowed.

The only situation in which a transfer is allowed from one person to another is upon the death of the primary holder of the mutual fund. In such a situation, required person must be registered as a Second holder or nominee in the investment. You can also write a will with the necessary details for gifting the mutual funds to your son after your death.

If you wish to gift some mutual funds to your son at present, you have to first redeem your mutual fund investment and then provide the amount to your son for the investment.

Ans: The tax has to be paid by them on sale of any asset, there will be capital gains on all assets
The amount of taxes will depend on multiple things like value of the asset, purchase price, date of sale, date of purchase, etc.