• Gift of money from one brother to another brother.

My brother wants to gift me about Rs 20 Lac in four installments of 5 Lacs each to help me financially in paying off my house loan and higher education of my kids.

Can he transfer the amount from his bank to my bank in four installments with a gap of 3 to 5 months between each installment ?
Is there any tax liability ?
Is any kind of documentation required to be carried out ?
Asked 8 years ago in Property Law
Religion: Hindu

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10 Answers

As per the Income Tax Act, 1961 if the value of gifts received is more than Rs. 50,000 a year, then such amount is taxed as income in the hands of the receiver. These gifts may be in any form – cash, jewellery, movable and immovable property, shares etc.

However, this rule is not applicable if your relatives present the gifts. Now just to escape gift tax in India you can’t call a person your relative saying he is the son of my uncle’s neighbour’s vendor’s sister! To avoid scenarios like these, the income tax rules specify relatives from whom tax free gifts can be received. These are:

Parents

Spouse

Your and your spouse’s brothers and sisters

Brothers and sisters of your parents

Your lineal descendants (including spouses)

Lineal descendants (including spouses) of your spouse

So you can receive tax free gift from your brother. Kindly make a deed for the purpose as amount is big this will help you if there is any query from income tax department.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your brother can transfer Rs 20 lakhs in your account in 4 instalments

2) gift deed for movable property is not mandatory

3) you should declare receipt of Rs 20 lakhs in your income tax returns

4)you will have to pay tax on income earned from Rs 20 lakhs

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1) you have to declare the amount received in your income tax returns for different financial years

2) it should be mentioned that it is gift received from brother

3) your understanding is correct . You have to pay tax on interest received on balance amount of Rs 5 lakhs

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. He can gift you the entire amount of Rs.20 lakhs at a time or in as many instalments as he feels like.

2. You should take a notarised affidavit executed by him affirming that he has gifted the said amount to you.

3. You shall have to show the said amount as gift received from your brother for claiming exemption from paying Income Tax.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You shall have to declare the amount you received as gift from your brother in a particular year in your I.T return to be filed for that year.

2. It is not your income. you shall have to show it as your bank balance. Collect the notarised affidavit from your brother affirming it as a gift to you as suggested in my earlier post for showing to the I.Tax department if questioned.

3. Any interest earned by you from the said gift amount kept either in whole or in part will be taxable by the I.Tax department.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Yes, there'll be tax implication on the above transfer.

No need of any documentation.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Client,

As per the Income Tax Act, 1961 if the value of gifts received is more than Rs. 50,000 a year, then such amount is taxed as income in the hands of the receiver. These gifts may be in any form – cash, jewellery, movable and immovable property, shares etc.However, this rule is not applicable if your relatives present the gifts.

First question is in affirmative -

In return, it will include as GIFT -

3rd - Affirmative

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Transferring money to your account in a span of four to five months is not a bad idea.

Since you have sources of this income established, you can very well bring it to yor book of accounts as income from other sources and show it as gift and pay the IT accordingly.

There is no tax payable for gifts from close relatives.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. The income received in that particular years of assessment only can be reflected in the ITR of that AY.

2. No doubt gift cannot be taxed as gift from relatives are not taxable, but if it is added to your income as income from other sources and show it as gift from relatives' you can claim exemptions accordingly

3. You may have to pay IT for the income received in that particular AY.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

He can transfer the amount but you need to give explanation in your income tax return about the same. You can also execute gift deed for the same.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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