I want to gift my wife stocks worth ₹4 lakh. Who will bear the capital gains tax in that case? —Akash Jain Any gift of shares to a specified relative does not attract tax in the hands of recipient. As spouse of an individual falls under the defined ‘relative’, there will not be any tax implications in your wife’s hands on account of receipt of shares as gift from you.
However, since the shares are entirely funded by you, if your wife subsequently sells the gifted shares (resulting in capital gains or loss) or earns any dividend from the shares, clubbing provisions under the income tax law shall be attracted. Accordingly, any capital gains/ losses arising to your spouse from sale of the gifted shares will be clubbed in your income and taxable in your hands. The tax implications in your hands would continue to depend on factors such as period of holding, whether these are listed or unlisted shares, etc.
I bought a DDA flat in 1989. In the event of my death, my son will inherit it. If he decides to sell it, what will be the tax liabilities, including capital gain, on the proceeds received by way of a cheque. What are the options to save tax? —Gurcharan Any gain/ loss arising from sale of such inherited property by your son, shall be chargeable to tax as ‘capital gain/loss’ in his hands in the year of sale.
Where the property has been held for more than 24 months prior to sale, the same will be considered as a long-term capital asset and any gain / loss arising from its sale shall be considered as long-term capital gain/loss (LTCG/ LTCL). For calculating the period of holding of such inherited property, the tenure for which the property was held by you shall also be included. LTCG will be calculated as the difference
. Read more on livemint.com