Are gifts of immovable property received by an individual or HUF charged to tax? - Tax India

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Tuesday, February 20, 2018

Are gifts of immovable property received by an individual or HUF charged to tax?

 Are gifts of immovable property received by an individual or HUF charged to tax?

If the following conditions are satisfied then immovable property received by an individual or HUF will be charged to tax (*):
  • Immovable property, being land or building or both, is received by an individual/HUF.
  • The immovable property is received without consideration (i.e., received as a gift) or for a consideration which is less than the stamp duty value of the property by an amount exceeding Rs.50,000.
  • The immovable property is a 'capital asset' within the meaning of section 2(14)​​ for such as individual or HUF.
  • The stamp duty value of such immovable property received without consideration exceeds Rs. 50,000.
(*) Refer next FAQ for situations in which immovable property received without consideration (i.e., received as a gift) by an individual or HUF is not charged to tax.​

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