Expert's Advice: After the abolition of the gift tax, where the donor was taxed now the taxation of gifts is recipient recipient-based. In case the aggregate value of gifts received from all the sources exceeds Rs 50,000, the same is treated as income of the recipient and the same gets taxed at the slab rate applicable to him. There is no tax liability for the donor in respect of the gifts made by him, irrespective of the amount of gifts made by him.
Gifts received are fully tax-free as long as the aggregate value of all the gifts received by a recipient from all sources during the financial year does not exceed Rs 50,000. Once the aggregate value of the gifts exceeds the threshold of Rs 50,000, the full value of all the gifts becomes taxable in the hands of the recipient.
The above general rules of taxing the recipient for gifts received by him have certain exceptions. One of the exceptions is gifts received from certain specified relatives, which are tax-free without any upper limit. Maternal and paternal uncles and aunts are covered within the definition of specified relatives. The exemption for gifts received from specified relatives does not work two ways in this relationship.
Though the gifts received from maternal and paternal uncles and aunts are not to be treated as income of the niece and nephew but gifts received from the niece and nephew by the uncles and aunts are treated like any other gifts, as niece and nephew are not covered within the definition of specified relatives.
As the aggregate value of gifts received by you from your nephew exceeds the threshold of Rs. 50,000 in the financial year full amount of gifts received by you during the year from your nephew will be treated as your income and become taxable in your hands. In case your taxable income, including these gifts, does not exceed 12 lakhs, you will not have to pay any tax due to the rebate available under Section 87A under the new tax regime.
Disclaimer: The views expressed by experts on Moneycontrol are their own and not those of the website or its management. Moneycontrol advises users to check with certified experts before taking any investment decisions.
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