Tax on diwali gift: The festival of lights, Diwali, is a time for happiness, festivity, and gift-giving. Giving and receiving gifts, whether in the form of cash, jewellery, or other valuables, is a fundamental aspect of Indian culture, particularly around Diwali. From a taxation standpoint, many people are still unsure of the tax ramifications of giving presents, though. Are presents given during Diwali subject to taxes, and if so, the rules apply?
Basics of Gift Tax in India
According to Income Tax Act, 1961. gifts received by an individual or Hindu Undivided Family (HUF) exceeding a specific value are considered as income and are subject to taxation. The Income Tax Act’s Section 56(2)(x) specifies the guidelines for gift taxes. Gifts of any sort, including those given during holidays like Diwali, are covered under the laws. Financial instruments, cash, and both immovable and mobile property are examples of different types of gifts. To avoid any possible tax burden, each taxpayer should be aware of the following exemptions and conditions.
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Exemptions to Gift Tax
While the law mandates that gifts exceeding Rs 50,000 are taxable, several exemptions can help recipients avoid taxation. The key exemptions are as follows:
- Gifts from Relatives: Irrespective of the value, any present given by a “relative” is tax-exempt. According to the Income Tax Act, family members consist of Spouse of the individual, Siblings (brother or sister),Parents and grandparents, Children (son or daughter), Siblings and parents of the spouse, In-laws (son’s wife or daughter’s husband)
- Gifts Received on Special Occasions: Regardless of the donor, gifts given at marriages are similarly tax-exempt. However, other special occasions like birthdays, anniversaries, and holidays like Diwali are not covered by this exemption; it is only applicable to weddings.
- Gifts from Friends or Non-Relatives: Gifts received from friends or non-relatives are subject to tax if their total value exceeds Rs 50,000 in a financial year. If the value of such gifts remains below the Rs 50,000 threshold, they are not taxable.
- Gifts to charitable Institutions: Depending on the kind of nonprofit organization, you may be entitled to receive tax deductions under Section 80G if you make gifts to a charitable institution or trust that are not subject to taxes.
- Inheritances: Any property or money received through inheritance or a will is not treated as taxable income. This includes ancestral properties passed down through generations
What Kinds of Gifts are Taxable?
Under Section 56(2)(x), the following types of gifts are taxable if their aggregate value exceeds Rs 50,000 in a financial year:
- Immovable Property: Land, buildings, or any real estate
- Movable Property: Jewellery, shares, and securities, bullion, artworks, etc.
- Monetary Gifts: Cash, cheques, or bank transfers.
The entirely sum is taxable as “Income from Other Sources” and added to the recipient’s taxable income if the total value of gifts in these categories exceeds Rs 50,000 during a fiscal year.
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Employer Gift Taxation during Diwali
Employers often give their staff members presents during Diwali, such as coupons, electronics, or bonuses. The value and form of these contributions determine whether they are taxable
Cash gifts provided by an employer are fully taxable as part of the employee’s salary. Non-cash gifts, such as vouchers, gadgets, or appliances, are tax-exempt up to a value of Rs 5,000. If the value exceeds Rs 5,000, the excess amount is added to the employee’s taxable salary and taxed according to the applicable income tax slab. Any Diwali bonus paid by the employer is also considered part of the employee’s salary and is fully taxable.
Maintaining records of received gifts is essential, particularly for those of substantial value. If the total value of gifts exceeds Rs 50,000, taxpayers are responsible for reporting these under “Income from Other Sources” when filing their income tax return (ITR).
For high-value gifts, such as property or luxury items, it is advisable to keep thorough documentation of the transaction, including details of the donor, to avoid potential scrutiny from tax authorities.
Diwali brings joy and generosity, but it’s important to be aware of the tax implications of gifts during this festive season. In India, gifts exceeding Rs 50,000 in a financial year are taxable unless they come from exempt sources, such as close relatives or are received on occasions like weddings. As a responsible taxpayer, understanding these exemptions and thresholds can help you avoid unexpected tax liabilities. This Diwali, celebrate with a clear understanding of your tax obligations.
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