How to transfer fund as a gift

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Querist : Anonymous

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Querist : Anonymous (Querist)
30 December 2011 i want to give gift to my sisiter of rs 200000
how can i transfer that amt?
how much value of franking is required?
what is the next procedure?
when i transferring rs more than 50000, pan no is asked in deposit slip?
how this will used by bank or other sources?

31 December 2011 use proper banking channels, make payment by cheque/Demand draft, avoid cash transactions.

no franking required,

01 January 2012 Agreed with Sharma Ji


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Querist : Anonymous

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Querist : Anonymous (Querist)
01 January 2012 is gift deed require?
if yes when?
why?
is franking or stamp duty require?

28 July 2024 Transferring a fund as a gift involves several legal and procedural steps. Here's a comprehensive guide to transferring ₹200,000 as a gift:

### 1. **Transferring Funds**

#### **Modes of Transfer:**
- **Bank Transfer:** You can transfer the amount directly from your bank account to your sister's bank account using methods such as NEFT (National Electronic Funds Transfer), RTGS (Real-Time Gross Settlement), or IMPS (Immediate Payment Service).
- **Cheque:** Issue a cheque for ₹200,000 in favor of your sister.
- **Online Transfer:** Use online banking facilities or apps to transfer the amount.

### 2. **Documentation and Compliance**

#### **PAN Number Requirement:**
- **For Amounts Exceeding ₹50,000:** Banks often ask for the PAN (Permanent Account Number) of both the sender and the recipient for transactions exceeding ₹50,000. This helps in tracking the transaction for compliance with tax regulations.

#### **Gift Deed:**
- **When Required:** A gift deed is a legal document that formalizes the gift transaction. While it is not always mandatory, having a gift deed is advisable for large amounts to avoid any future disputes or for legal clarity.
- **Contents of the Gift Deed:** The deed should include the details of the donor (you), the recipient (your sister), the amount being gifted, and a declaration that the gift is being made voluntarily.
- **When to Execute:** Prepare and execute the gift deed before or at the time of transferring the funds. This ensures that the gift is legally recognized.

#### **Franking or Stamp Duty:**
- **Stamp Duty:** In India, stamp duty on gift deeds is required in some states but not all. The stamp duty on a gift deed varies by state. It is often a small percentage of the gift amount.
- **Franking:** Franking is a process where a stamp duty is paid and the document is stamped with a franking seal. This can be done at designated franking centers or with stamp papers.
- **How Much Stamp Duty:** For example, in states like Maharashtra, the stamp duty for a gift deed could be 0.5% to 1% of the gift amount. It is best to check the specific rates applicable in your state.

#### **Procedure for Gift Deed:**
1. **Prepare the Gift Deed:** Draft the gift deed including all required details.
2. **Get the Deed Stamped:** Visit a franking center or use stamp paper (if applicable in your state) to pay the stamp duty.
3. **Sign the Deed:** Both the donor and the recipient need to sign the deed.
4. **Register the Deed:** In some states, it might be necessary to register the gift deed with the local sub-registrar. This is especially required for immovable property gifts but might not be mandatory for cash gifts.

### 3. **Tax Implications**

#### **For the Donor:**
- **Gift Tax:** There is no gift tax in India, but the donor should ensure the gift is within permissible limits to avoid any tax implications.

#### **For the Recipient:**
- **Income Tax:** Under Section 56(2)(x) of the Income Tax Act, any gift received by an individual is taxable if it exceeds ₹50,000. However, gifts from relatives (including siblings) are exempt from tax.
- **PAN Requirement:** The recipient will need to provide their PAN if the bank requires it for tax compliance purposes.

### Summary

1. **Transfer the funds** via bank transfer, cheque, or online methods.
2. **Prepare a gift deed** for documentation and legal clarity.
3. **Check for stamp duty requirements** and get the deed stamped.
4. **Ensure tax compliance** by considering gift tax rules and PAN requirements.

Always consult a tax advisor or legal expert to ensure compliance with specific regulations in your state or country.



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