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Will I have to pay gift tax on the Rs.49 lakhs my sister is gifting me to buy land?

Ramalingam Kalirajan |8365 Answers |Ask -Follow

Mutual Funds, Financial Planning Expert - Answered on Feb 05, 2025

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more

Asked by Anonymous - Jan 24, 2025Hindi

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My sister wants give Rs.49lakhs to purchase a land in 2024-25 to construct house later transaction will be through bank only whether gift tax is to be paid? is so who has to pay

Ans: There is no gift tax in India, but the amount received as a gift is taxed under the Income Tax Act, 1961 as "Income from Other Sources" unless exempted.

Tax Implications on Gift from Sister
Gifts from specified relatives (including a sibling) are fully exempt from tax under Section 56(2)(x) of the Income Tax Act.
Since your sister is a specified relative, the Rs. 49 lakhs gift will be tax-free in your hands.
Your sister will also not have to pay any tax on the gifted amount, as India does not have a separate gift tax.
Important Points to Ensure Tax Compliance
The transaction should be done through a bank transfer to maintain a proper record.
A gift deed is recommended (on stamp paper) to legally document the transaction.
There are no tax deductions for the giver, meaning your sister cannot claim this gift as an expense.
Final Answer
No gift tax is applicable since the amount is received from a sister.
You do not have to pay income tax on the received gift.
Your sister will also not have any tax liability on gifting the amount.
Let me know if you need more clarification!

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in

https://www.youtube.com/@HolisticInvestment

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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I sold my father's house for Rs 2.30 crores and bought another house for 1 crore 40 lakhs Out of the amount I received for my sold property I transferred 28 lakhs to my sister's account as a gift from my side Pls note i just transferred the money didn't give it like a gift deed How much tax would I need to pay

Ans: I understand that you got flat in inheritance as legal hair as sole owner of property for income tax purpose. In case entire capital gain amount is invested in another property as per specified conditions, no tax on gain amount of property.

Further with reference gift deed, tax will not depend on execution of deed, however, it is advisable to execute gift deed.

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Hello sir My mother selling a plot (residential land) and going to get amount of 40 laks, she wish to give that money to me (son) . She is a housewife mean not a income tax payer. 1.Did she need to pay tax. If so how much? 2. And if she given to me after paying tax should i also need to pay income tax.

Ans: Your Mother may have to pay short term or long term capital gain tax on the land sale transaction.

The tax will depend on period for which land property was held in her name and cost of (indexed cost if long term)acquisition.

Mother giving cash gift to her son is not taxed but the income you may derive from this lumpsum cash gift is taxable.

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I gifted a land to my wife in May 2022. She sold it at Rs 100000 on 10 th July 2024 after 2 years. Then who will pay LTGC tax me or wife?

Ans: The owner of the property has the responsibility of fulfilling tax obligations arising out of capital gain due to asset sale.

Hence in this case LTCG liability will be with your wife

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Suppose my mother sells a land inherited from her father for say 1 crore and wants to give me 20 or 30 lakhs as a gift, will that sum be taxable? And do my mother need to take the amount in her account before transfering to me or can the buyer directly send that amount in my account. Plus, can the amount received by mother (1 crore) be transfered to capital gains account from saving or shall she receive it by opening the capital gain bank account first.

Ans: Hello;

The proceeds of land sale should be received in your Mother's account first.

She may fulfill any LTCG tax liability arising out of this transaction.

The balance amount she may gift you and you will not have to pay any tax on it since you are blood relatives.

Do seek concurrence with a CA to ascertain the LTCG liability and measures to save it, if any. Also the modality of gift(gift deed) to offspring. NOC from other legal heirs etc.

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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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