โFamily โ Relative in tax law. One mistake can cost you penalties.โ
Finin2min | Income Tax โข Personal Finance โข Compliance
Key principle:
The Income-tax Act does not use the word family.
Tax exemption depends entirely on whether the donor qualifies as a โRelativeโ under Section 56(2)(x).
1๏ธโฃ Who is a โRelativeโ under Section 56(2)(x)?
Gifts received from a relative are fully exempt, irrespective of:
- Amount
- Mode (cash / property / securities)
โ Statutory Definition (Exhaustive)
| Category | Covered Persons |
|---|---|
| Self & Spouse | Spouse of the individual |
| Siblings | Brother / Sister |
| Spouseโs Siblings | Brother / Sister of spouse |
| Parentsโ Siblings | Maternal / Paternal uncle & aunt |
| Lineal Ascendants | Parents, Grandparents |
| Lineal Descendants | Children, Grandchildren |
| Spouseโs Lineal Family | Parents-in-law, Grandparents-in-law |
| Spouses of above | e.g., Sister-in-law, Brother-in-law |
๐ Only these persons qualify. Definition is restrictive.
2๏ธโฃ Common Relationship Clarifications (High-Risk Area)
| Relationship | Tax Treatment |
|---|---|
| Parents / Children | โ Exempt |
| Parents-in-law | โ Exempt |
| Brother-in-law / Sister-in-law | โ Exempt |
| Cousins | โ Taxable |
| Friends / Distant relatives | โ Taxable |
| Spouse | โ Exempt (but clubbing applies later) |
3๏ธโฃ Cash / Monetary Gifts โ Tax Rules
๐ Section 56(2)(x)
| Scenario | Tax Impact |
|---|---|
| โค โน50,000 (aggregate in FY) | โ Fully exempt |
| > โน50,000 | โ Entire amount taxable |
| From a Relative (any amount) | โ Fully exempt |
โ ๏ธ Section 269ST Alert:
Cash receipts โฅ โน2,00,000 in a single day / transaction / from one person may attract penalty u/s 271DA, even if gift is otherwise exempt.
4๏ธโฃ Gift of Movable Property (Shares, Jewellery, VDA etc.)
๐ฆ Covered Assets (Specified Movable Property)
- Shares & securities
- Jewellery
- Bullion
- Art, paintings, sculptures
- Archaeological collections
- Virtual Digital Assets (crypto, NFTs)
Tax Treatment for Recipient
| Mode | Condition | Tax Impact |
|---|---|---|
| Without consideration | FMV > โน50,000 | FMV taxable |
| Inadequate consideration | (FMV โ price) > โน50,000 | Difference taxable |
| From Relative | Any value | โ Exempt |
๐ Other movable items (cars, furniture, gadgets) โ Not taxable under this section.
5๏ธโฃ Gift of Immovable Property (Land / Building)
๐ Recipient-side Taxation
| Mode | Condition | Taxable Value |
|---|---|---|
| Without consideration | Stamp duty value > โน50,000 | Entire stamp value |
| Inadequate consideration | SDV exceeds consideration by >10% AND >โน50,000 | Difference taxable |
| From Relative | Any value | โ Exempt |
๐ Stamp Duty Value (SDV) governs valuation, not market estimates.
6๏ธโฃ Donor-Side Treatment (Often Misunderstood)
Section 47 โ Capital Gains Exemption
| Donor | Capital Gains |
|---|---|
| Gifts to relative | โ No capital gains |
| Gifts to non-relative | โ No capital gains |
๐ Capital gains arise only when recipient sells the asset
โ Cost & holding period of donor get carried forward.
7๏ธโฃ Gifts from Spouse & Clubbing Provisions โ ๏ธ
Section 64(1)(iv)
| Scenario | Tax Impact |
|---|---|
| Gift from spouse | Gift itself exempt |
| Income from gifted asset | Clubbed with spouseโs income |
| Capital gains on sale | Clubbed |
๐ Exception:
If spouse invests independently (not from gifted funds), clubbing does not apply.
8๏ธโฃ High-Impact Examples
Example 1 โ Parent to Child
Father gifts โน10 lakh โ Fully exempt
Example 2 โ Cousin gift
Cousin gifts โน1 lakh โ โน1 lakh fully taxable
Example 3 โ Spouse gift
Husband gifts โน5 lakh โ Wife earns โน50,000 interest
โ โน50,000 taxed in husbandโs hands
Example 4 โ Property from brother
Brother gifts flat worth โน80 lakh โ Fully exempt
9๏ธโฃ Common Mistakes Taxpayers Make ๐ซ
| Error | Risk |
|---|---|
| Treating cousins as relatives | Additions & penalties |
| Ignoring clubbing rules | Income re-taxed |
| Cash gifts โฅ โน2 lakh | Penalty u/s 271DA |
| No documentation | Scrutiny exposure |
| Not reconciling AIS/TIS | Notices |
๐ Documentation Checklist (Best Practice)
โ Gift deed (relationship, amount, no consideration)
โ Bank trail (NEFT / RTGS / cheque)
โ PAN & relationship proof
โ Asset valuation / SDV proof
โ Investment & income tracking (for clubbing)
โ Source proof for cash gifts
โ ITR + AIS/TIS reconciliation
๐ฏ Finin2min Takeaway
Gift taxation is relationship-driven, not emotion-driven.
Exempt today โ tax-free tomorrow (clubbing matters).
Documentation converts family transfers into defensible compliance.
This content is forย general information and educational purposes only. It does not constitute legal, tax, accounting, or professional advice. Views expressed are based on prevailing laws and interpretations at the time of publication. Readers should consult their professional advisors before taking any action.
Article related to โ
Income Tax on Gifts
Section 56(2)(x)
Gift Tax India
Gifts from Family Taxation
Relative Definition Income Tax
Cash Gift Tax
Property Gift Tax
Clubbing of Income
