Update Date : 08-Dec-2024

Created Date : 15-Mar-2022

Reference : Taxconcept.net

Experts say that cash gifts up to Rs 50,000 from anyone will not have tax implications in normal circumstances. 

However, in the case of a cash gift from a husband, there is no such limit on how much cash can be gifted without tax implications. In other words, a man can gift any amount to his wife without any tax implication. 

“In normal circumstances, cash gifts up to Rs. 50,000 are not subject to tax in the hands of the recipient. However, such threshold limit is not applicable in case the cash gift is received from a specified relative (which includes spouse) under section 56(2)(x) of the Income Tax Act (‘IT Act’),” Dr. Suresh Surana, Founder, RSM India, told FE Online. 

 “Thus, cash gift by a husband to his wife would be exempt from tax irrespective of the quantum in accordance with Section 56(2)(x) of the IT Act,” he added. 

However, there is a catch! 

As per the tax laws, any person cannot receive more than Rs 2 lakh or above in cash from a person in a day in a single transaction. Therefore tax experts say it would be advisable to restrict your cash gift to Rs 2 lakh. 

“Section 269ST prohibits any person from receiving any amount of Rs. 2 lakhs or more in aggregate from a person in a day or in respect of a single transaction or in respect of transactions relating to one event or occasion from a person etc. Thus, it is advisable that such cash gifts be restricted to less than Rs. 2 lakhs,” said Dr. Surana. 

 

Tax on income from a cash gift

Even as cash gifts will be tax-free in the hands of the wife in our case, any income from such investment of such amount would be taxable in the hands of the husbands. 

“It is pertinent to note that though the cash gift is tax-free in the hands of the wife, any income accrued on such cash gift amount would be subjected to clubbing provisions u/s 64(1)(iv) of the IT Act and accordingly taxed in the hands of the husband,” said Dr. Surana. 

“Thus, the clubbing amount needs to be factored into the tax planning before making such a cash gift to the wife,” he added.

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