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Understanding gift tax in India

This guide explains the main points of NRI gift tax rules so you can give and receive gifts with confidence, while staying within the law.

As a non-resident Indian (NRI), you might earn income from various sources in India. While you may know about taxes on salary, business income, or rental income, you might not be aware that gifts can also be taxable.

How the gift tax in India works

The Indian government introduced gift tax in 1958 to tax gifts exchanged in specific situations.

What counts as a gift?

A gift is generally money, an asset or property you receive from someone without needing to pay it back.

Under the Indian tax law, gifts can include:

  • Immovable property, such as land or buildings
  • Money (cash, cheques or bank transfers)
  • Shares and securities
  • Other assets, such as drawings, paintings, sculptures, artefacts, jewellery and bullion
If you're unsure of the NRI gift tax rules, consult a tax expert. Staying informed helps you remain tax compliant and ensures you can take full advantage of any exemptions.

Taxes on gifts by resident Indians to NRIs

For NRIs, any income earned or received in India is generally taxable.

Gift tax in India depends on your relationship with the person giving the gift (relative or non-relative), as well as the item gifted, the value, and the purpose of the gift. 

Money and cash gifts
Gift type Tax rules
Money (cash, cheques or bank transfers) gifts over INR50,000 Taxable for the recipient
Money (cash, cheques or bank transfers) gifts up to INR50,000 Not taxable
Wedding gifts Not taxable
Gifts from relatives Not taxable
Gifts from specific trusts, funds, or educational institutions Not taxable
Money and cash gifts
Gift type Money (cash, cheques or bank transfers) gifts over INR50,000 Money (cash, cheques or bank transfers) gifts over INR50,000
Tax rules Taxable for the recipient Taxable for the recipient
Gift type Money (cash, cheques or bank transfers) gifts up to INR50,000 Money (cash, cheques or bank transfers) gifts up to INR50,000
Tax rules Not taxable Not taxable
Gift type Wedding gifts Wedding gifts
Tax rules Not taxable Not taxable
Gift type Gifts from relatives Gifts from relatives
Tax rules Not taxable Not taxable
Gift type Gifts from specific trusts, funds, or educational institutions Gifts from specific trusts, funds, or educational institutions
Tax rules Not taxable Not taxable
Gifts of property or securities
Gift type Tax rules
Property from non-relatives Taxable if value exceeds INR50,000
Property from relatives Not taxable
Shares or securities from non-relatives Taxable if total yearly value exceeds INR50,000
Shares or securities from relatives Not taxable[@article-tax-securities] 
Income earned from an asset (like interest or rent) Taxable
Gifts of property or securities
Gift type Property from non-relatives Property from non-relatives
Tax rules Taxable if value exceeds INR50,000 Taxable if value exceeds INR50,000
Gift type Property from relatives Property from relatives
Tax rules Not taxable Not taxable
Gift type Shares or securities from non-relatives Shares or securities from non-relatives
Tax rules Taxable if total yearly value exceeds INR50,000 Taxable if total yearly value exceeds INR50,000
Gift type Shares or securities from relatives Shares or securities from relatives
Tax rules Not taxable[@article-tax-securities]  Not taxable[@article-tax-securities] 
Gift type Income earned from an asset (like interest or rent) Income earned from an asset (like interest or rent)
Tax rules Taxable Taxable

See the government of India Income Tax Department Frequently Asked Questions for more information about taxable gifts. 

What is a gift deed, and is it mandatory for NRIs in India?

Yes, in many cases. When you give a gift as an NRI, you need an NRI gift deed. This is a legal document required under Section 17 of the Registration Act, 1908. Both you and the person receiving the gift must sign this document on stamp paper.

Check your state's official portal to find and register a gift deed online. 

Can NRIs gift money to Indian residents?

Yes, NRIs can give money as gifts to people in India. These gifts must follow Indian tax laws and the rules of the Foreign Exchange Management Act (FEMA). 

Gifts to non-relatives
Gift type Tax rules
Gifts up to INR50,000 Not taxable for both parties
Gifts exceeding INR50,000 Taxable for the receiver, at applicable tax rates
Gifts to non-relatives
Gift type Gifts up to INR50,000 Gifts up to INR50,000
Tax rules Not taxable for both parties Not taxable for both parties
Gift type Gifts exceeding INR50,000 Gifts exceeding INR50,000
Tax rules Taxable for the receiver, at applicable tax rates Taxable for the receiver, at applicable tax rates
Gifts to anyone
Gift type Tax rules
Wedding gifts Not taxable for both parties
Gifts given through a will Not taxable for both parties
Gifts to anyone
Gift type Wedding gifts Wedding gifts
Tax rules Not taxable for both parties Not taxable for both parties
Gift type Gifts given through a will Gifts given through a will
Tax rules Not taxable for both parties Not taxable for both parties

How can NRIs prevent tax penalties on cash gifts in India?

Gifts to close family members like your spouse, parents, children, grandparents, or siblings are usually tax-free, with no upper limit.

Gifts to non-relatives worth up to INR50,000 in a financial year are not taxable. Anything over INR50,000 becomes fully taxable for the receiver. Always keep clear records and use bank transfers or cheques to document the gift.

4 important tips to stay compliant

As an NRI, it's important to understand the tax rules when giving or receiving gifts to or from Indian residents. 

  1. Keep necessary documents
    Record details of gifts given or received, including receipts and bank statements. And always use proper channels for transferring large gifts.
  2. Include gifts in tax filings
    If you receive a taxable gift, list it when you file income tax returns in India.
  3. Understand who counts as a 'relative'
    This includes your spouse, parents, children, siblings, their spouses, as well as the siblings of your parents, the siblings of your spouse, and any direct ancestors or descendants of you or your spouse. Remember the INR50,000 exemption rule for non-relatives.
  4. Be mindful of cash limits
    The Income Tax Act imposes a penalty on cash gifts exceeding INR200,000. Therefore, you might want to consider receiving such gifts through cheque or bank transfer.

Need to deposit your cash gifts in India?

Apply for a non-resident ordinary (NRO) rupee account

Open an NRO saving or current account to deposit your income in India, your foreign currency earnings, or any cash gifts in rupees.

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Notes

Disclaimer:

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Whilst every care has been taken in compiling the information, HSBC and the concerned Information Provider(s) do not guarantee, or make any representation or warranty and accept no responsibility or liability as to its accuracy or completeness and shall not be liable for damages arising out of any person's reliance upon this information or any action taken or not taken as a result of any material contained in the publication. All information is subject to the relevant Act, Rules, Regulations, Policy Statements, etc., of the Income Tax Department and subject to change. Expressions of opinion are those of HSBC and the Information Provider(s) only and are subject to change without notice. HSBC has not independently verified any information provided by the Information Provider(s) or that has been derived from the sources believed to be reliable by HSBC. Opinions expressed herein do not have regard to specific investment objectives, financial situation and the particular needs of any specific person who may receive this publication. This document is for circulation in India only. No part of this publication may be reproduced or stored in a retrieval system without the prior written permission of HSBC. Any liability is accordingly expressly disclaimed by HSBC, its officers, directors and employees.