What is implication of gift need from father to NRI son for purchase of property.
Ans: When a father in India gives a gift to his son who is an NRI (Non-Resident Indian), there are important financial and tax implications. Let me explain in simple words to help you understand.
No Tax on Gift for the Son in India
If the father gives a gift to his son, it is not taxable in the son’s hands in India.
Gifts from “specified relatives” like father, mother, spouse, children, etc., are fully exempt under Indian tax law.
There is no gift tax for the son in India.
The son must keep records of the gift for future reference, like bank transfer details and gift deed if needed.
Father’s Tax Responsibility
For the father, giving a gift is not taxable.
But if the father sells assets to give the money, any gain on that sale will be taxed as capital gains for the father.
For example, if father sells a property to gift money, he will pay tax on the capital gain.
After paying capital gains tax, the balance money given to son is not taxed again.
Repatriation and RBI Compliance
The NRI son must ensure that money received from the father follows RBI (Reserve Bank of India) guidelines.
The money can be sent to the son’s NRE or NRO account.
If the son wants to repatriate the money abroad (send it outside India), he must follow RBI’s repatriation rules.
It is good to use formal banking channels (like wire transfer or cheque) for the gift.
Property Purchase Implications for NRI Son
Once the son gets the money as a gift, he can use it to buy property in India.
There is no restriction on buying residential or commercial property by an NRI in India.
But an NRI cannot buy agricultural land, plantation land, or farmhouses in India.
Property Registration and Gift Records
When the son uses the gift money to buy property, the property must be registered in his name.
It is important to show the source of money used for property purchase to avoid future tax issues.
The father can make a simple “Gift Deed” on stamp paper and register it for extra clarity.
This is not mandatory, but it helps show that the money is a gift and not a loan.
Reporting in India for NRI Son
The son must file his Indian tax return if he has income in India above the basic exemption limit.
The gift itself is not taxable, but any rental income from the property will be taxable in India.
If the son sells the property later, capital gains tax applies on the sale.
Reporting in Foreign Country (for the Son)
The son should check the tax rules in his country of residence.
Some countries tax global income, including gifts received from abroad.
For example, in the USA, the son must report foreign gifts if they cross a threshold.
The son must file the appropriate forms in his resident country to avoid penalties.
Best Practices for Smooth Process
Keep a proper paper trail for the gift: bank statements, gift deed, father’s PAN, and son’s PAN.
Use the banking system (like NEFT, RTGS, wire transfer) for a clear record of the money movement.
If the amount is large, take help from a Chartered Accountant for proper compliance.
Maintain these records for at least 6-8 years for future audits or clarifications.
Impact on Future Wealth Planning
After receiving the gift, the son should consider how the property fits into his overall wealth goals.
If he plans to sell it later, understand the tax implications in both India and his country of residence.
Think about rental income if he wants to rent it out. Rental income in India is taxable.
If the son wants to transfer the property to children in future, plan it carefully to avoid extra taxes.
Alternative Approach to Gift
Instead of giving a lump sum gift, the father could consider gifting part of it now and part later.
This can help manage tax implications and make things easier for father and son.
Some families prefer giving part of the gift as a loan with a clear agreement, especially if it’s a large amount.
If the son plans to stay abroad long term, he can consider holding the money in an NRE account.
Caution for Father’s Future
Father should ensure that gifting large sums does not affect his financial stability.
Father’s future living expenses, healthcare needs, and emergencies must be kept in mind.
It is good to keep an emergency fund and not give away all savings as a gift.
Discuss this with a Certified Financial Planner to balance the gift and father’s security.
Additional Points for the NRI Son
The son should register the property carefully and ensure no legal issues.
Check that the property has clear title, no disputes, and proper registration.
Keep a separate file for the property: sale deed, registration papers, property tax receipts, etc.
If the son rents out the property, he should take help from a local agent or lawyer to manage tenants.
Final Insights
In your case, Mr. Narasimhan, since you are not an NRI, this is for your son’s understanding if he is an NRI.
The gift from father to son is tax-free in India.
The son can use it to buy property in India without any gift tax.
However, it is important to do proper paperwork and follow RBI rules.
Both father and son must ensure that their own financial security is not affected by the gift.
It is wise to take help from a Certified Financial Planner and a tax expert for full compliance.
Keeping clear records will avoid future disputes with tax authorities.
This will also ensure peace of mind for both father and son.
Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment