Property gift to HUF

Page no : 2

Seetharaman (doctor) (87 Points)
Replied 16 September 2024

Sir.., Following this situation.., can you kindly give clarity on the following 3 points , please

1. Whether capital gains would be applicable for huf for gift given that huf to non-member since gifting is exempt from capital gains under 47(iii) from capital gains?

 


Seetharaman (doctor) (87 Points)
Replied 16 September 2024

2. Whether gifts received by non-members from huf are taxable for the non-members since they are not "relatives" of the huf under section 56(2)(x)?


Seetharaman (doctor) (87 Points)
Replied 16 September 2024

3. Whether gifts received by members from the huf are exempt for the members since they are "relatives" of the huf under section 56(2)(x)?

All Questions pertaining to the Specific situation that we are discussing only.

Thanks in advance. I am learning a lot from you. Appreciated 


Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (177824 Points)
Replied 16 September 2024

Gift from HUF to any other than its members id taxable to the receiver. (u/s. 56(2)(x) IT act.

Gift from HUF to any of its member is tax exempt u/s. 10(2), provided it its the self earning of the HUF. Not otherwise.

Sec. 47(iii) is not applicable in both the cases.


Seetharaman (doctor) (87 Points)
Replied 17 September 2024

Hello sir. In this current scenario , on the provisio that the HUF is going to Gift the Gifted shares to a Non Member , Ie my Mom, wont the Tax man argue question this and levy any GIFT tax either to my Mom or HUF? 

I understand Ofcourse Capital Gains  tax needs to be paid upon sale of the shares, which is a different situation, which ofcourse it will be paid.

Only doubt that we need want be 100% absolutly clear is that there wont be ANY GIFT TAX on the Gifted shares, as it is going to a Non member and the value is more than Rs 50000.



Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (177824 Points)
Replied 17 September 2024

I think you have not properly understood the replies given earlier.

I have already stated earlier that tax liability will arise as she is not relative to HUF........

In other words your mom will be liable  to pay tax for  gift received from HUF.


Seetharaman (doctor) (87 Points)
Replied 17 September 2024

Pardon My Mis understanding...Apologies..

So there is No meaning Gifting it to the Non member- My Mom. 

In that case can it be Gifted back to my wife, the member , without being  levied any Gift Tax, please.  You have stated in your previous response "Gift from HUF to any of its member is tax exempt u/s. 10(2), provided it its the self earning of the HUF. Not otherwise."   

What exactly do you mean by  " Gift from HUF to any of its member is tax exempt u/s. 10(2), provided it its the self earning of the HUF. Not otherwise."  please.

Sorry for being naive on this Jargons


Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (177824 Points)
Replied 22 September 2024

In Nutshell. Self medication is injurious to health.



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