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Can My Gift to Father-in-Law Be Tax-Free?

T S Khurana

T S Khurana   |255 Answers  |Ask -

Tax Expert - Answered on Sep 04, 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 23, 2024Hindi
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Can yoy please confirm..As per the Income Tax definition of relatives Gift from my side to my Father in law ( Wife father) will be treated as GIFT ( under relative) and the transfer will not be taxed .

Ans: Your relation comes under the Lineal Relationship of Spouse, hence you may make a gift to your father-in-law & it will not attract any Income Tax. However, you should adopt proper procedure to make a gift.
Most welcome for any further clarification. Thanks.
Asked on - Sep 10, 2024 | Answered on Sep 11, 2024
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When I transfer money TO my father-in-law (wife's father), as per the Income Tax Act, this qualifies as a transfer to a relative and is not subject to tax ( as clarified in in last message). In this situation, would the clubbing provisions apply (as they do with transfers to a spouse), where the income generated (profits) from the gifted amount is clubbed with the income of the person making the gift?
Ans: No. Clubbing provisions shall not be applicable in this case.
Most welcome for any further clarification. Thanks.
Asked on - Sep 17, 2024 | Answered on Sep 17, 2024
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Thanks . Hope residency status does not impact this . NRI ( Son ) making GIFT ( online transfer ) to father ( resident Indian ) . This will be tax free both for father and son as it comes under relative.
Ans: Sure. It shall be tax free for both of you. Please ensure to create a document for such gift.
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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Mutual Funds, Financial Planning Expert - Answered on Dec 18, 2024

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I am 49 years old working in private sector. Currently, drawing Rs. 1.50 lakhs per month, my investment details. - Lumpsum investment – canara robeco midcap regular – Rs.2 lakhs, union multicap fund –Rs.1 lakh, mahindra Manulife small cap rs.2 lakh; canara robeco multi cap Rs.2.20 lakhs; mahindra Manulife business cycle fund – Rs. 50,000; white oak capital large & mid cap fund – Rs. 100,000; ICICI prudential energy opportunities fund – rs. 100,000 - SIP – HDFC Defence fund – Rs. 10,000; mahindra manulife manufacturing fund – Rs.10000; white oak special opportunities fund 10,000 - FD with HDFC bank – rs. 12,00,000 - LIC – Rs. 10 lakhs My future expenditure, daughters marriage in 3 to 4 years and to purchase house in chennai and to save money for retirement. Please give me advice on how to invest so that I can meet my future demands and have a self-sufficient retirement.
Ans: Assessment of Current Investments
Mutual Funds

Your portfolio has a good mix of midcap, multicap, small-cap, and sectoral funds.
Diversification across different fund categories is appreciable.
However, the allocation to thematic and sectoral funds like defence, manufacturing, and energy is high.
Sectoral funds can be volatile and risky, especially for near-term goals.
Fixed Deposit (FD)

Rs. 12 lakh in FD provides stability and liquidity.
FDs are suitable for short-term needs but offer limited growth potential.
LIC Policy

The LIC policy provides Rs. 10 lakh, likely covering insurance and investment.
Such policies usually yield lower returns than mutual funds.
Future Financial Goals
Daughter’s Marriage (3–4 years)

Allocate funds with a low-risk profile for this goal.
Avoid high exposure to equity for this purpose.
House Purchase in Chennai

Save in instruments that offer both safety and moderate returns.
Flexibility and liquidity are important for this goal.
Retirement Corpus

Focus on long-term equity investments for growth.
Diversify to balance returns and risk.
Proposed Investment Strategy
Short-Term Goals (Daughter’s Marriage and House Purchase)
Utilise Fixed Deposits Wisely

Allocate a portion of your FD for your daughter’s marriage.
Retain some FD for emergency purposes only.
Invest in Debt Mutual Funds

Choose high-quality short-duration or dynamic bond funds.
Debt funds can provide better post-tax returns than FDs.
Keep the money safe and accessible for short-term use.
Avoid Sectoral and Thematic Funds

Shift sectoral fund investments to safer debt-oriented funds.
Sectoral funds are not suitable for short-term goals.
Medium- to Long-Term Goal (Retirement Planning)
Increase SIP in Diversified Equity Funds

Diversify into flexicap, multicap, or large-cap funds.
These funds balance risk and growth for long-term wealth creation.
Reduce Thematic Fund Allocation

Limit exposure to thematic funds to less than 10% of the portfolio.
Reallocate to well-diversified equity funds.
Invest in Hybrid Funds

Include balanced advantage or hybrid equity funds.
These funds reduce volatility while offering equity-like returns.
Consider Equity-Linked Savings Scheme (ELSS)

Invest in ELSS for tax-saving benefits under Section 80C.
ELSS funds also offer long-term growth.
General Recommendations
Review Insurance Policy

Assess if the LIC policy offers adequate life coverage.
If it is a traditional endowment or ULIP, consider surrendering.
Reallocate proceeds to mutual funds for better returns.
Maintain Emergency Fund

Keep 6–12 months’ expenses in a savings account or liquid funds.
This ensures you have liquidity for unforeseen expenses.
Monitor and Rebalance Portfolio

Review your portfolio quarterly or semi-annually.
Rebalance to maintain alignment with your goals.
Focus on Tax Efficiency

Use tax-efficient instruments like ELSS, debt funds, and retirement-focused funds.
Plan withdrawals strategically to reduce tax impact on capital gains.
Retirement Planning Recommendations
Systematic Withdrawal Plan (SWP)

In the future, use SWP from mutual funds for retirement income.
It provides tax efficiency compared to traditional annuities.
Healthcare Planning

Ensure your health insurance coverage is adequate for post-retirement needs.
Increase coverage if necessary to avoid financial strain later.
Invest in Equity for Growth

Continue investing in equities for long-term wealth appreciation.
Equity helps combat inflation effectively over the years.
Final Insights
Your investment portfolio is commendable and diversified. However, some adjustments can improve alignment with your goals. Reduce sectoral exposure and shift towards safer instruments for short-term needs. For retirement, continue SIPs in diversified equity and hybrid funds. Regular monitoring and rebalancing will keep your financial plan on track. With these changes, you can achieve your goals while ensuring a comfortable and self-sufficient retirement.

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Mutual Funds, Financial Planning Expert - Answered on Dec 18, 2024

Asked by Anonymous - Dec 12, 2024Hindi
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Can I utilise my money received by cancelling aggreement of one flat to repay the loan amount for the flat where I am residing?
Ans: Yes, you can use the money received from cancelling the agreement of one flat to repay the loan for the flat where you are residing. This can be a financially prudent decision, especially if the loan carries a high-interest rate. Here’s a detailed analysis to help you decide:

Benefits of Using the Money to Repay Your Loan
Interest Savings

Paying off your home loan early can save significant interest.
The earlier you repay, the more you save on interest due to the reducing balance method.
Debt-Free Living

Being debt-free reduces financial stress.
You free up cash flow that can be allocated to other financial goals.
Guaranteed Returns

Loan repayment offers guaranteed returns equivalent to the interest rate on your loan.
This is often better than the post-tax returns from other investments.
Enhanced Creditworthiness

Paying off a loan improves your credit score.
This is beneficial if you plan to borrow in the future for any purpose.
Factors to Consider Before Repaying the Loan
Prepayment Penalty

Check if your lender imposes a penalty for early repayment.
Most lenders, however, do not charge penalties on floating-rate loans.
Emergency Fund

Ensure you have an adequate emergency fund before using the money to repay the loan.
Ideally, keep 6-12 months of expenses in a savings account or liquid funds.
Opportunity Cost

Compare the potential returns from investing the money against the savings from loan repayment.
If your loan interest rate is lower than potential investment returns, consider investing instead.
Tax Benefits

Home loan interest payments qualify for tax benefits under Section 24(b) of the Income Tax Act.
Principal repayments are eligible under Section 80C.
If you repay the loan, you forgo these benefits, so weigh the impact on your tax planning.
Alternative Approaches
Partial Repayment

Consider making a partial repayment instead of fully paying off the loan.
This reduces the principal while keeping some funds liquid for other opportunities.
Invest for Higher Returns

If your loan interest rate is low, explore investing in mutual funds or other instruments.
Over time, these investments could potentially offer better post-tax returns.
Settle High-Cost Loans First

If you have any other high-interest loans, prioritise repaying those.
Examples include personal loans or credit card debts.
Final Insights
Repaying your home loan with the money from the cancelled flat agreement is a sound decision if your goal is to reduce debt and save on interest. However, consider your overall financial situation, including tax benefits, liquidity needs, and potential investment opportunities. A balanced approach—partly repaying the loan and investing the remaining amount—could offer the best of both worlds. Consulting a Certified Financial Planner can help you tailor the decision to your specific goals and circumstances.

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K. Ramalingam, MBA, CFP,

Chief Financial Planner,

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

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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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