Moment guide · FY 2026-27
I am gifting assets to family members
Is there capital gains tax on gifts to family?
Gifting an asset is not a taxable transfer for capital gains under section 47(iii), and the recipient takes over your cost and holding period under section 49(1). But a non-relative receiving more than ₹50,000 aggregate in a year pays tax on the WHOLE amount under section 56(2)(x), and income from assets gifted to a spouse or minor child clubs back to you under section 64.
Your legitimate options
Every route the statute actually gives you — with its condition, cap and deadline.
| Route | Condition | Cap / deadline |
|---|---|---|
| No capital gains on the gift itself | Gifting an asset is not a transfer for capital gains u/s 47(iii) — no tax on the giftor at the time of gifting | The recipient inherits your cost and holding period u/s 49(1) |
| Recipient's gift tax | A non-relative receiving assets above ₹50,000 aggregate in a year is taxed on the WHOLE amount u/s 56(2)(x) | Gifts from relatives, or on the occasion of marriage, are exempt |
| Clubbing risk | Assets gifted to a spouse or minor child — income from them clubs back to you u/s 64 | The income is taxed in your hands, defeating the purpose |
The #1 trap
Gifting to a spouse to shift rental or investment income — section 64(1)(iv) clubs the income back to the transferor, so the gift changes ownership but not the tax payer. Also, a non-relative gift above ₹50,000 aggregate is taxed on the WHOLE amount in the recipient's hands, not just the excess.
The decision path
Follow it top to bottom — the first condition that matches is your answer.
Worked example
Rajesh, businessman gifting a flat and shares to family
Rajesh gifts a flat he bought in 2015 for ₹30,00,000 to his son, and ₹5,00,000 worth of shares to his daughter. Under section 47(iii), a gift is not a transfer, so no capital gains tax arises on Rajesh at the time of the gift, and under section 49(1) the son inherits the original cost of ₹30,00,000 and the 2015 holding period. If the son later sells the flat for ₹60,00,000, the long-term capital gain is ₹30,00,000, taxed at 12.5% with no indexation. Rajesh also transfers a rental apartment to his wife, believing the rent will be taxed in her lower slab. Under section 64(1)(iv), the rental income from the property gifted to his spouse clubs back to Rajesh and is taxed in his hands, so the gift changes the title but not the taxpayer — the same applies to dividend or interest income from assets gifted to a minor child, with a small ₹1,500-per-child exemption. Separately, Rajesh gifts ₹80,000 in cash to a friend's son who is not a relative, and because non-relative gifts above ₹50,000 aggregate in a year are taxable on the WHOLE amount, the recipient must add the entire ₹80,000 to his income under section 56(2)(x), not just the ₹30,000 excess. A gift made on the occasion of marriage to any person, or to any relative, is exempt from this provision. Rajesh keeps the gift deeds, the share transfer forms and the bank records for the cash gift. A quick call with us dials in the final figure. Rajesh also checks the gift deed and the stamp duty position, because immovable property gifts are registered in most states and the stamp duty is computed on the guideline value, which is a cost of the gift itself. If the flat is later sold by his son within two years, the gain is computed from Rajesh's original cost and the holding period from 2015, so the son's short holding does not make the gain short-term. The ₹5,00,000 of shares gifted to his daughter take her as the owner of record, and the dividends are her income; because she is a minor, they club to Rajesh under section 64(1A) with the ₹1,500 exemption. If the gift is made to a major child who is a relative, the receipt is exempt and no clubbing applies. A quick call with us dials in the final figure.
Claims influencers make about this moment
- Trap“Gift money to your spouse and invest in their name”
- Trap“Put property in your wife's name to save tax on rental income”
- Legit“Gifts up to Rs 50,000 from non-relatives in a year are completely tax-free.”
- Trap“Property received from parents on inheritance is completely tax-free, and when I sell it there is almost no tax because I got it free.”
Questions people actually ask
Sections: 47(iii), 56(2)(x), 49(1), 64 · Last verified 2026-08-11 · Reviewed by Harun Raaj & Associates, Chartered Accountants. Every figure cites the Income-tax Act, 1961 (with ITA 2025 mapping via our section index).