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Can NRI receive gifts

jtreddy (articled student) (61 Points)

29 December 2007

Can NRI receive gifts, if so there is any limit?

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Late CA Sampat Jain (Chartered Accountant) (4772 Points)
Replied 30 December 2007

Following gift received is taxable: [(vi) where any sum of money, the aggregate value of which exceeds fifty thousand rupees, is received without consideration, by an individual or a Hindu undivided family, in any previous year from any person or persons on or after the 1st day of April, 2006, the whole of the aggregate value of such sum: Provided that this clause shall not apply to any sum of money received— (a) from any relative; or (b) on the occasion of the marriage of the individual; or (c) under a will or by way of inheritance; or (d) in contemplation of death of the payer; or (e) from any local authority as defined in the Explanation to clause (20) of section 10; or (f) from any fund or foundation or university or other educational institution or hospital or other medical institution or any trust or institution referred to in clause (23C) of section 10; or (g) from any trust or institution registered under section 12AA. Explanation.—For the purposes of this clause, “relative” means— (i) spouse of the individual; (ii) brother or sister of the individual; (iii) brother or sister of the spouse of the individual; (iv) brother or sister of either of the parents of the individual; (v) any lineal ascendant or descendant of the individual; (vi) any lineal ascendant or descendant of the spouse of the individual; (vii) spouse of the person referred to in clauses (ii) to (vi).] HOWEVER IF GIFT TO A NRI TAKES PLACE OUTSIDE INDIA , IT IS INCOME ARISING OR ACCRUING OUTSIDE INDIA.........WHICH IS NOT TAXABLE IN HIS/HER HANDS IN INDIA.......WATCH OUT FOR LAWS IN THAT COUNTRY FOR SUCH GIFTS