The transfer of shares or mutual fund units as a gift between specified relatives (as defined for gift tax purposes) is generally not taxable as a 'gift' in the hands of the recipient, since gifts from relatives are exempt regardless of value. This part of the story is covered in detail in our general guide to gift tax rules and exemptions. What this article focuses on is what happens later, when the recipient sells these gifted shares.
The core rule: When a capital asset (such as shares or mutual fund units) is acquired by a taxpayer through a mode of acquisition that does not involve a 'cost' to them, such as a gift, inheritance, or certain other modes specified under the relevant provisions, the cost of acquisition for the recipient, for the purpose of computing capital gains on a future sale, is deemed to be the cost for which the previous owner acquired the asset, not nil, and not the market value on the date of the gift.
The Holding Period Also Carries Over
In addition to the cost of acquisition, the period for which the asset was held by the previous owner (the person who gifted it) is also included in computing the recipient's holding period. This means that if the original owner held the shares for, say, three years before gifting them, and the recipient sells them six months after receiving the gift, the recipient's total holding period (for determining short-term versus long-term) is treated as three years and six months, the original owner's holding period plus the recipient's own holding period.
Worked Example
A father's shares, gifted to his daughter, sold two years laterMr Agarwal bought 500 shares of a listed company eight years ago for Rs 200 per share (a total cost of Rs 1,00,000). Two years ago, he gifted all 500 shares to his daughter, Ms Agarwal, when the market price was Rs 800 per share (a value of Rs 4,00,000 at the time of the gift, which was tax-free to her as a gift from a relative). Ms Agarwal now sells these shares for Rs 1,200 per share (Rs 6,00,000 total). For her capital gains computation, her cost of acquisition is deemed to be her father's original cost of Rs 1,00,000 (not the Rs 4,00,000 value at the time of the gift), and her holding period includes her father's eight years of holding plus her own two years, for a total of ten years, making this a long-term capital gain of Rs 5,00,000 (Rs 6,00,000 minus Rs 1,00,000), computed under the LTCG provisions applicable to listed equity shares, with any applicable indexation or grandfathering rules applied based on the original 2018-era cost where relevant.
Why This Matters for Tax Planning
Because the cost basis and holding period carry over from the original owner, gifting appreciated shares does not 'reset' the embedded capital gain, it simply shifts the eventual tax liability on that gain to the recipient when they sell. This is an important consideration in family tax planning involving transfers of appreciated securities, since the gain is deferred (to the point of the recipient's eventual sale) but not eliminated.
Documentation Is Important
Since the recipient's capital gains computation depends entirely on the original owner's purchase records (date and price of acquisition), it is important for the original owner to pass on these records (purchase statements, demat transaction history, etc.) along with the gift, since the recipient will need this information, potentially years later, to correctly compute their capital gains on sale.
Frequently Asked Questions
What if I don't have any record of the original owner's purchase price for shares gifted to me decades ago? ▼
Where the original cost of acquisition genuinely cannot be ascertained, there are fallback provisions and historical fair market value concepts (similar to those used for other long-held assets without clear cost records) that may apply, though the specifics can be complex and fact-dependent. It is always preferable to obtain whatever historical statements, broker records, or company records are available from the original owner or the company/registrar at the time of the gift, rather than relying on fallback provisions later.
Does the same 'previous owner's cost' rule apply if I inherit shares after someone's death, not just if they are gifted during their lifetime? ▼
Yes, the principle is similar: assets acquired by inheritance also take the cost of acquisition and holding period of the previous owner (the deceased), for the purposes of the heir's capital gains computation on a future sale, in the same way as a lifetime gift. This is the same underlying provision covering acquisition by modes that do not involve a purchase cost to the recipient, which includes both gifts and inheritance.
If the shares were gifted to me by a friend (not a relative) and I paid gift tax on the value at that time, does my cost of acquisition become that higher value instead? ▼
Where a gift from a non-relative exceeding the exemption threshold is itself taxed as income in the recipient's hands at the time of receipt (under the gift taxation provisions for non-relatives), this taxed value can be relevant to the recipient's cost of acquisition for the asset in some contexts. However, the general 'previous owner's cost' rule and its interaction with amounts already taxed as a gift can be technical; this scenario should be reviewed with a tax professional based on the specific facts and how the gift was reported at the time.