It isn’t essential to execute reward deed for transferring shares

FILE PHOTO: Shares are considered as “movable property” for the purposes of the Income Tax Act, 1961, and it is not mandatory to execute a gift deed for this purpose (REUTERS)

I need to reward shares worth just some lakhs of rupees to my mom or father, who’s retired and has no earnings, so that the dividend may be utilized as earnings. Will I’ve to make a gift deed and register it? Will my mom or father be taxed? Can my mom or father reward or will as quickly as further the shares to me at a later date?

– S. Arora

Shares are considered “movable property” for the needs of the Income Tax Act, 1961, and it’s not relevant to execute a gift deed for this aim. Nonetheless, executing a gift deed will help create a licensed file evidencing the swap. You might also take into accounts taking a easy receipt out of your mom or father, acknowledging the swap as shortly as full, so your data are moreover full for submitting choices.

Assuming the shares are in demat type, you’ll should fill a gift instruction slip (DIS) and submit it to the depository participant (DP). To fill the DIS, you’ll should ask your dad and mother for his or her DP ID, DP arrange and shopper ID. You could possibly require these particulars along with ISIN (Worldwide Securities Identification Amount).

The reward of shares to your mom or father will probably be tax-exempt on account of it would very successfully be labeled as ‘property obtained from a relative’, which could be very exempt on account of the proviso to Half 56 (2)(x) of the I-T Act. Upon ending the requisite swap formalities, the reward itself is irrevocable. As shortly on account of the shares replicate in your dad and mother’ DP account, your dad and mother will probably be at liberty to take care of it as they need—along with selling or onward gifting. We would advocate that your dad and mother alternate their respective Wills (if already made) to repeat these shares, after which bequeath the equal as quickly as further to you beneath the talked about Will. Updating of the Wills must be completed regardless of any future plans that your dad and mother may need, to keep away from the shares devolving intestate in case of demise.

If the underlying aim is to position extra liquidity/cash in your dad and mother’ arms, then you definitely definately’ll take into accounts leaving the shares in your arrange, and as an alternative gifting the dividend earnings or totally completely completely different cash owned by you, to your dad and mother as an alternative. This avoids any issues with getting the shares transferred as quickly as further to you.

Rishabh Shroff is companion, Cyril Amarchand Mangaldas. Queries and views at mintmoney@livemint.com

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