
Any property gift above ₹45 lakh to your spouse is now automatically flagged to the Income Tax department, meaning rental or capital gains income from that property will be taxed in your hands — not your spouse's.
Gifting Property to Your Spouse? Read This First
🤯 Many Indians gift property to a spouse thinking it reduces the family's tax bill — but...
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If you gift a property worth more than ₹45 lakh to your spouse, the tax department will now automatically know about it. Sub-registrars must report such gift deeds to the Income Tax department. This means the income earned from that property will be added to YOUR tax return — not your spouse's — under a rule called 'clubbing of income'.
Gifting a house or flat to your spouse has been a popular — but legally shaky — tax-saving strategy for years.
Sub-registrars across India are now required to report property gift deeds valued above ₹45 lakh to the Income Tax department.
Here's what clubbing actually means: if you gift an asset to your spouse (without adequate consideration, i.
Check your Annual Information Statement (AIS) on the Income Tax portal — any property gift above ₹45 lakh will now appear there, and you must account for any rental or sale income from it in YOUR ITR, not your spouse's.
If you've already gifted property to your spouse and the rental income is being filed under their name, consult a CA immediately — you may need to revise past returns to avoid penalties and interest under Section 64 of the Income Tax Act.
Avoid gifting income-generating assets (property, FDs, stocks) to a spouse purely to split tax liability — the clubbing rules neutralise the benefit and the new reporting makes non-compliance much riskier.
If you're planning to buy a second property for investment purposes, consider taking joint <a...
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