Owing to the diversified nature of the country with different culture, customs and religions - numerous festivals, birth, birthdays, anniversaries, achievements are celebrated by exchanging the Gifts. Exchange of gifts on various occasions is symbol of love and affection besides forming symbol of status. A law was enacted by way of Gift Tax Act in 1958 with an objective of taxing, receiving and giving gifts under certain circumstances. Later on in 1998, Gift Tax Act was abolished making all gifts tax free. However, Gift tax was reintroduced in 2004, under the provisions of Income Tax Act.
While gifts could also be a part of tax planning when permissible within framework of act, but tax evasion is prohibited and punishable under the IT Act. The gifts are exempted or subject to tax depending on the circumstances enumerated:-
* Gifts received by individual from designated relatives namely spouse, brother, sister, father, mother, brother or sister of parents or in-laws, any lineal ascendant or descendant of self or spouse and spouse of any aforementioned relatives.
* Gifts received from any other person up to Rs 50,000/- in a Financial Year is exempt from tax. However, if Gift amount exceeds Rs 50,000/- in any Financial Year then entire amount becomes taxable.
* When Gifts are received in the form of movable or immovable property without adequate consideration then the differential between ready reckoner value or Fair Market Value and the amount paid would be considered as taxable.
* Gifts given on the occasion of the solemnization of marriage ceremony.
* Gifts received under a will or inheritance or in case of death of the donor.
* Property received from a Trust, Institution, Local Authority, Foundation, Hospital, University, Educational Institution and any fund are exempt under various sections of Income Tax Act, 1961.
* All types of gift received in kind such as Gold, Ornaments, Paintings, Stamps, Coins etc. where Fair Market Value exceeds Rs 50,000/- would be taxable.
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