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Vivek

Vivek Lala  | Answer  |Ask -

Tax, MF Expert - Answered on Mar 16, 2023

Vivek Lala has been working as a tax planner since 2018. His expertise lies in making personalised tax budgets and tax forecasts for individuals. As a tax advisor, he takes pride in simplifying tax complications for his clients using simple, easy-to-understand language.
Lala cleared his chartered accountancy exam in 2018 and completed his articleship with Chaturvedi and Shah. ... more
Mr Question by Mr on Mar 15, 2023Hindi
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Can my wife gift me Equity shares in her demat account, & is there any tax implication for this transfere

Ans: She can gift you the equity shares, when you make the sale of shares , the cost value of shares will be the value at which your wife has bought the shares and not on the transfer value while gifting the shares.
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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Ramalingam

Ramalingam Kalirajan  |8086 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Feb 04, 2025

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If I transfer shares Rs 10L worth from my demat to my wife, will there be any tax implications on me. Also once my wife receive the shares in her demat, if she sells what would be the tax implications on her for Rs 10L shares sold
Ans: Tax Implications on Transfer of Shares to Your Wife
No tax on the transfer:
Transferring shares to your wife is treated as a gift.
Under Indian tax laws, gifts between spouses are tax-free.
There is no gift tax for you or your wife on this transfer.

No capital gains tax at the time of transfer:
Since you are not selling the shares, there is no capital gain.
Hence, no capital gains tax applies to you.

Tax Implications When Your Wife Sells the Shares
Clubbing of Income Rules Apply:
Even though the shares are in your wife’s name, the capital gains will be taxed in your hands.
This is due to the clubbing provisions under Section 64 of the Income Tax Act.
The income from the gifted asset is added to the income of the person who gifted it.

Capital Gains Calculation:
The original cost of acquisition and the holding period will be based on when you bought the shares.
This means:

Short-term or long-term capital gain will depend on your holding period.
Indexed cost (for long-term gains) will be based on your purchase date.
Tax Rate:

Short-term capital gains (STCG): Taxed at 15% if held for less than 1 year.
Long-term capital gains (LTCG): Gains above Rs 1 lakh taxed at 10% (without indexation) if held for more than 1 year.
Key Points to Remember
The capital gain will be added to your taxable income, not your wife’s.
If your wife reinvests the proceeds, income from that reinvestment will be taxed in her name.
This clubbing rule applies only to the first level of income (capital gains in this case).
How to Reduce Tax Liability (Legally)
If your wife invests the sale proceeds into new assets, the future income from those assets will be taxed in her name.
This helps in tax planning for future earnings.
Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

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

..Read more

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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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