Know the Applicable Stamp Duty when Gifting an Asset

by

26 April 2019

Finance

Gifting an Asset

Ravi Krishnan was retiring from central government service. At this time, he decided to gift his three-bedroom flat in Navi Mumbai to his son Akaash. Krishnan is now 60 years old and would relocate to his native Bengaluru from Mumbai. Widower Krishnan has planned for his golden years well. He can easily manage with a pension of Rs.2.5 lakh a year in Bengaluru where he owns a house. While Krishnan was formally transferring the rights of his Mumbai flat to his son, he came to know that there are certain tax implications. He got down to assess what needs to be taken care of with regard to stamp duty gift deed. It turns out that the transfer of any immovable property, even from father to son, is considered as a gift as per the existing laws.

Stamp Duty on Gifts

Stamp duty is the tax levied on a property which is being sold or transferred. Stamp duty varies from state to state. It is in the range of 3–7% of the value of the property. The Transfer of Property Act mandates that the gifted property be registered as a ‘gift deed’. This should be duly signed by the person who is gifting it. It also needs to be signed in front of two witnesses.

A gift deed is a legal document that endorses the transfer of property from the donor to the receiver. There is no exchange of money in this case. The rate of stamp duty, however, is the same as in the regular sale of the property. However, some states are lenient in terms of stamp duty gift deed when it involves gifting of property between close relatives. You can make use of a free stamp duty calculator available on various real estate aggregator websites. Then you will know the exact rate applicable in the case of your gift deed property.

Components of a Gift Deed

  • Details of the property that is being given as a gift
  • Details of the donor such as name, father’s name, Aadhaar number, address, etc.
  • Details of the receiver such as name, father’s name, Aadhaar number, address, etc.
  • The date and place where the gift deed is being signed
  • Signature and details of two witnesses who were present when the gift deed was executed
  • Relationship between the donor and the receiver

Income Tax on Property Gifts

According to the Income Tax Act, 1961, you are not liable to pay tax on gifts received of up to Rs.50,000 in a year. What if the value of the gifts exceeds Rs.50,000? Then a gift tax is imposed on the receiver.

The Income Tax Department has taken into consideration that movable and immovable assets change hands between close relatives. So, it has exempted the receiver from paying any tax for a property received as a gift.

What is heartening is that there is no cap on the price of the property. However, the donor of such a gift has to be from a list prepared by the Income Tax Department. Which donors are exempt from taxes? That includes parents, spouse, siblings, siblings of the spouse, and direct ascendants and descendants of the donor and their spouse.

As a receiver of the property as a gift, you would only need to pay income tax when you decide to sell it. The Income Tax Department will treat the proceeds from the sale of the property as an income. You are liable to pay taxes on such an income. The rate of the taxes, however, will be decided on your period of holding. Short-term capital gains will apply to holdings below 36 months. If the holding period is beyond 36 months, you will have to pay long-term capital gains tax of 20%. But in this case, you will also be entitled to indexation benefits.

Conclusion

The gifting of immovable assets attracts taxes. One has to pay stamp duty and registration charges when the transfer of rights of a property takes place. Stamp duty varies from state to state but is essential in formalizing the gift you have received. For property received as a gift, you will not be required to pay any taxes unless you decide to sell it.

Read Also:

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

MBA in global finance

What should you know about an MBA in global finance?

Are you good at financial figures and strategies? Are you on the lookout for jobs that has the right amount of challenges to be exciting? Do you want to travel across the world and have a global career? If yes, pursuing an MBA in global finance can be the right choice for you. If you are curious about an MBA program specializing in global finance, this blog can be an informative read. Apart from learning about what the course involves, you can also know the benefits of pursuing this course and its career prospects in the future. What does a global finance MBA entail? The global finance MBA involves learning about managing the finances of multi-national corporations following local and international regulations, business laws, and other guidelines. Though the curriculums may differ for different universities offering this MBA specialization, most of them consist of subjects like managerial marketing, international financial regulations, accounting principles, international strategic management, and international relations. Why should you pursue an MBA in global finance? A finance-focused MBA program can be a versatile option that can open up a plethora of career options in the finance industry. A global finance MBA adds a global perspective to the mix and offers you lucrative opportunities in foreign countries as well. Here are some benefits of pursuing an MBA in global finance. Specially customized curriculum: The course structure of a global finance MBA is specially customized to focus on the financial aspects of global business settings. This can help you in developing skills that are required for a deep understanding of international business Wide networking opportunities: Since this course has a global perspective, you might find your classmates from diverse backgrounds. Also, You can get a chance to build an extensive network across the world and become a truly global management professional. Flexibility to switch jobs in the future: Since global finance operations have wide applications across all the major industries, this course provides a broad perspective on wide range subjects. It can also give the flexibility of switching career domains in the future if you wish. Bright future scope: This course teaches you to analyze financial situations from a global perspective. With this course, you can widen your career prospects and build an impressive skill set. What is the future scope of an MBA in global finance? An MBA with global finance can help you explore key management concepts and be up-to-date with the latest financial trends across the world. According to payscale.com, international finance graduates earn an average annual salary of $ 100,990. With this qualification, you can be eligible for financial management positions across various industries. Here are some exciting career options that can interest you. Global management consultants International finance managers International trade policy advisors Business development managers Global management consultants Global relations manager Investment banking consultants As a global finance MBA graduate, you can comprehend the complexities of the dynamic nature of the international business environment and apply your knowledge to handle different financial issues in your organization. Enroll in a global finance course today to become a part of the international business circle. Read Also: Doing business in the UAE: pros and cons Tips for Breaking Into Finance and Banking Building Your Business Profile Is Easier Than You Think

READ MOREDetails
Sales Tax Compliant

6 Ways to Stay Sales Tax Compliant

The United States is a country made up of many states, and each state has its own sales tax policies. It can be difficult to keep track of the various rules and regulations that apply to your business. This article will show you six ways to make sure you follow sales tax compliance so that you don't end up owing money to the government or getting into legal trouble. 1. Keep Track of Sales Tax Rates and Changes The first step to staying sales tax compliant is to keep track of the sales tax rates in your state and any changes that may occur. You can find this information on your state's department of revenue website. If you have a sales tax permit from your state, they will send out quarterly reports with the latest changes to sales taxes. It's important to be aware of any rate changes, especially if you have a business with multiple locations in different states. 2. Collect Sales Tax from Customers In most cases, you are required to collect sales tax from your customers and turn it over to the government. If you don't, this is a form of tax evasion and can result in legal penalties. However, it's important to note that not all states require sales tax to be collected. The rules for this vary by state, so it's important to check with your state revenue department. There are a few exceptions, such as for certain items like food and clothing, but in general, you should be collecting sales tax on all taxable goods and services. 3. File Sales Tax Returns on Time One of the most important aspects of staying compliant with sales taxes is to file your returns on time. Most states require sales tax returns to be filed monthly, quarterly, or annually, depending on the size of your business. You can face significant penalties if you miss the deadline, including fines and interest charges. Failing to file a return on time can result in penalties and interest charges, so adhering to systematic guide on making tax digital for your retail business, for instance, is essential. This way, you'd skip the hassles of paperwork, and you won't miss the due date for filing your sales tax. 4. Maintain Accurate Records It's important to keep accurate records of all your sales transactions so that you can accurately report them on your sales tax return. It's not enough to report your total sales. You will need to list the amount of taxable and non-taxable transactions separately to figure out your sales tax liability accurately. You may also need to keep records of certain transactions that are exempt from sales taxes, including purchases made for resale and items that are traded in. This includes recording the date of sale, the amount of tax collected, and the type of good or service sold. Taking help from experts like an accountant, and a Tax Law expert in Edmond, OK. Since they will be able to get the records much more efficiently. 5. Pay Sales Taxes on Time One of the biggest problems businesses have with sales taxes is paying them late. Not only can this lead to penalties and interest charges from the government, but it can also damage your credit score. It's important to set up a system to pay your sales taxes on time automatically. This will help ensure that you don't miss the deadline and don't have to worry about paying late fees. Make sure you have a plan in place to pay your sales taxes on time every month. 6. Educate Yourself and Your Employees about Sales Tax Compliance The final step to staying sales tax compliant is educating yourself and your employees about the rules and regulations. This includes knowing which items are taxable and understanding how to collect and report sales taxes. It's also important to understand the consequences of not complying with sales tax laws. You can find a lot of this information on your state department of revenue's website, but it's also a good idea to attend seminars and webinars offered by your state. This will help ensure that everyone in your business is aware of the latest changes to sales tax laws and that they are acting in compliance with the law. Your business must understand and follows the sales tax laws. If you feel like this blog post has been too long, we can summarize it for you in one sentence: be aware of how to stay compliant with sales tax law by following these six steps. Read Also: Benefits of a Sales Tax Consultant Things to Know Before Applying for a Vermont Mortgage Loan 2 Reasons to Invest in GoldBullion Even If You’ve Never Invested in an Asset Before What You Need to Know Before Buying Property with a Tax Lien

READ MOREDetails
Rumors About Trading

Rumors About Trading – True or False?

Trading has become a popular discipline for all those, who´d like to make money by buying and selling exchange values. Before digitization share trading was a rather inert process, but today you can trade whenever you feel like it with just a few clicks – even from your phone. But where there is a lot of money, there´s also a risk for loss or scam. It´s not surprising that there are so many rumors about the exchange, about specific types of assets or financial instruments. In this article, we´ll find out which rumors are true and which aren´t. “Binary Options Are Illegal” Among all assets and financial instruments binary options are possibly the most ill-famed for being the riskiest ones when it comes to potential loss or even fraud. It is true that due to many fraudulent activities within the liquid and popular market some governments have decided to prohibit binary options trading for private citizens. Other governments have decided to prohibit or strictly regulate the binary options exchange because they put it on a level with gambling. The rumor of binary options being illegal may not be completely false, but it´s definitely not true either: Traders can still make a lot of money by investing in binary options without having to be afraid of legal consequences. They should make sure, though, to trade on a regulated market and with a regulated online broker like Pocket Option. For more information visit https://www.binaryoptions.cim/broker/pocket-option/. “As a Trader, You Can Become Rich Over Night” Most rumors do have a true core to them – just like this one. It is possible to buy a stock, cryptocurrency, or another type of asset, which all of a sudden goes through the roof. It´s rather unlikely, though. It´s rare that people become rich within a day. But that doesn´t mean that the exchange market doesn´t yield rich traders. Investors, who stay on the ball and who follow a clear strategy, can reduce their risk of loss and spot good opportunities to enter a trade. In the middle- and long-term, that can lead to a growing number of successes and therefore of profits. Some traders don´t even plan on becoming rich. They try to generate a second source of income instead and then find themselves to be on the wealthier side. Consider Reading: Reasons Behind Crypto Investors Need to Diversify “Cryptocurrencies Are the Future” A few years back, many skeptics would have played down this statement. Today, most people, who´ve actually informed themselves about cryptocurrencies, know that it´s the truth. Cryptocurrencies are based on blockchain technology – an open-source decentralized databank solution. IT-expert is tirelessly working on finding new fields of applications for blockchains and crypto. The price development of Bitcoin has shown us how successful cryptocurrencies can be. Today, many traders, who´d used to focus on stocks or commodities, have crypto coins or tokens in their portfolios, too. They use them for internet payments or as an investment. Active traders should therefore at least think about buying some coins. Investing in a financial derivative like a cryptocurrency binary option is an alternative method to profit from the crypto success. “Traders Are Gamblers” It is true that active traders are usually pretty venturesome. And they can be – as long as they´re aware of the possible risk and have a lot of expertise as well as a good strategy, their lust for appetite isn´t a problem. Most active traders know pretty well what they´re doing – even if it might seem different for others sometimes: Traders are not daredevils, but usually very strategically thinking people. Most of them set themselves a budget for trading and reinvesting their winnings so as to spare their private funds. On another note: Trading is not gambling. While casino games are based on numeric RNGs, which cannot be manipulated, the exchange market depends on various factors that can be followed in the media. That makes it a lot easier to make predictions about price lines and to make a buying decision. Read Also: Why Entrepreneurs Should Pay Attention To Cryptocurrencies In 2021 The Profit Revolution: The Best Bitcoin Trading And Investing Platform Exciting Facts About Cryptocurrency And Crypto Wallets 5 New Assets To Diversify Your Investments In 2021

READ MOREDetails