Gift tax

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Dear Sir

I require clarification on gift tax applicability in the below mentioned cases.

1.My friend who is in the US wants to know whether he has to pay gift tax in US if he plans to give a gift deed of a property which is located in Bangalore to his younger brother.

2.Secondly he wants to know whether his younger brother who stays in Bangalore and who is in receipt of a gift deed from him has to pay gift tax.If so what is the rate of gift tax which is payable.

Replies (12)
Kindly elaborate your query.
Hope you dont want every visitor to write essay on the Posted topic.
extremely sorry abt the above comment..
Any Gift , in cash or in kind from Relatives is exempted from Tax .
Since "brother" falls within the defination of relative, this gift is exempt from tax in the hands of younger brother.
Moreover Tax is not levied on the person who gifts ie the giver.
so neither the younger brother nor the elder brother pay any gift tax.

Thanks for the update.

 

The views posted by Mr Hitesh is valid in India as per prevailing rules.

 

Dear Anil,

Thanks. i would like to seek further clarifications on the below points :

1. Please let me know under which Section number of the Income tax Act-which mentions that the gift is exempted from tax for my reference.

2.In the above  case has the Donor who resides in U.S.A , being the donor of the gift deed  please let me know whether he has to pay gift tax to income tax office in India.

read whole Section 56(2)  generally, clause vii and fourth proviso to clause vii of this section specially.

read whole Section 56(2)  generally, clause vii and fourth proviso to clause vii of this section specially.

agree with above

 

Please refer this article which contains both Indian & US tax laws

https://articles.economictimes.indiatimes.com/2012-11-29/news/35433130_1_gift-tax-value-of-such-property-raju-maniar-cpa

Thanks for the inputs.

 

Thanks for the feedback.


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