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Immovable property can be gifted to an NRI provided the remittance of sales proceeds does not exceed USD 1,000,000 per year. NRIs can get gifts from relatives in the form of shares and securities provided the gifts do not exceed 5% of the paid-up capital of the company; the sectoral cap is not breached and the NRI is eligible to hold the securities. A gift received from a specified trust, specified fund, or as a scholarship from educational institutions is not taxable. If the gifts are an immovable property outside of India, it is exempt from tax. The value of the gifts cannot be considered as a deduction while calculating income tax. Income received from a gift in India is taxable in India whether the receiver and giver are Resident Indians or NRIs. When you receive gifts, make sure the necessary documentation is in place. Cash gifts that exceed Rs. 2,00,000 can be subject to penalty. Ensure that you get the relevant gift through cheques or bank account transfers.
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