Capital gain implications HUF > Gift to a Son

Tax queries 1278 views 2 replies

Hi everybody,

What is the Capital gain implications when a father who acquired the immovable property from his HUF as his share during partition before 1/4/1981.

Further, father will gift the property to his only son during 2003.

Son will sell the immovable property in 2005 and will adjust the proceeds towards the property purchased by him during the 2004-2005.

What is the tax implications on the above transaction and for whom ?

with regards,

 

GM

Replies (2)

there is no capital gain on the partition of HUF or in case of gift as they are not transfers as per section 2(47).....at the time of sale of property capital gain will arise in the hands of son and it will be long term capital gain...as in case of gift the period of holding of previous owner is also considered in order to find whether its long term or short term gain

regards,

Sneha

Gift Tax is not prevailing as on date.

Section 56(2) (v) is not applicable in case of gift to son.

Section 47(iii) gift not regarded as transfer.

Section 49(1) (ii) transfer under gift, then cost of previous owner will be the cost for donee.

Exemption cab be availed by son.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
26 May 2026
Senior Accountant cum purchase Manager

Vardhaman Group of India

Pimpri Chinchwad

CA Inter

View Details
Company
ARTICLESHIP 28 May 2026
Accounts, Audit & Compliance Executive

Shyam Joshi & Associates

Pune

B.Com

View Details
Company
24 May 2026
Accounts & Tax Executive

PARAS KHURANA AND CO

New Delhi

B.Com

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details
Company
19 May 2026
Article, CA & Paid Assistant Positions

Aggarwal Sarawagi and Co

New Delhi

CA

View Details
Company
22 May 2026
Sr. Financial Analyst - Consolidation

Search Synergy

Mumbai

CA

View Details