Taxation of NRIs on gifts and inheritances from India

The income that India provides typically incurs taxes. Non-resident Indians may send presents to their residing Indian family members, close companions, etc. In accordance with the Liberalised Remittance Scheme, Non-resident Indians may get a maximum of USD 250,000 per year in remittances.

Humans, by nature, enjoy making and receiving presents. If you are a Non-Resident Indian (NRI), giving or getting presents comes with particular tax regulations. In accordance with the Income Tax Department of the country, the majority of gifts given to foreigners are subject to tax. Rules might vary among relatives, close companions, etc. Continue scrolling to find out more about gift taxes in India for non-resident Indians.

Regulations Regarding Taxes Concerning Indian Gift Money. The guidelines that are applicable to NRI gifts include the following:

  • In your capacity as a RI, you may donate real estate to an NRI in exchange for the transfer of profits from sales that do not exceed USD 1 million per year.
  • As a non-resident Indian, you’re able to get presents in the form of stocks and bonds from family members. The amount they represent shouldn’t exceed five percent of the business’s capital that has been invested.
  • You are responsible for paying a penalty for cash gifts in excess of 2 lakh Indian rupees. These financial presents ought to be obtained by means of bank transfers, such as payments or cheques.
  • Gift taxes in India won’t be necessary if the present is an engagement donation or a bequest, no matter if the recipient has a familial connection.
  • Residents of India (RI) are able to pay non-resident Indians (NRIs) using their NRO accounts.

Presents Given by An NRI to Someone Who is an Indian Resident

Gifts From A Resident Indian To An NRI

  • The presents given to foreigners by their Indian relatives or close companions are not subject to tax if they are not worth more than 50,000 rupees in India.
  • Gifts made by RIs to Non-resident Indian close friends or acquaintances are subject to tax if their value exceeds INR 50,000. The sum is applied to the recipient’s overall revenue, which is taxable and assessed according to their bracket of taxation. According to the Liberalized Remittance Scheme, such donations are limited to 250 thousand dollars annually.

According to Section 17 of the Registration Act of 1908, gifting to an NRI requires signing a gift deed. The NRI gift deed comprises two parties, the person who makes the donation (also known as the giver) as well as the person who receives the present. The legal document must be written on paper that is stamped, and the parties have to sign every single page of it.

Every dollar you get from India is taxed to a certain extent. You might be responsible for paying taxes if you obtain money from a non-resident Indian, with the exception of inheritance or marriage-related taxes. Double-check the tax regulations prior to sending or receiving gifts from Non-resident Indians.

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