Maneka Gandhi seeks tax clarity on assets gifted to wives

Maneka Gandhi has asked finance minister Piyush Goyal to amend the Income Tax Act so that income arising out of assets gifted to wives and daughters-in-law are not taxed in the hands of the man

Photo: iStock
Photo: iStock

New Delhi: Husbands and fathers-in-law are apprehensive of transferring assets to women in their families because they fear that income accruing from the assets will ultimately become a tax burden on them, women and child development minister Maneka Gandhi has said. She has flagged a clause in Section 64 of the Income Tax Act in which income is clubbed in the name of the person who transfers the income.

Maneka Gandhi has asked Finance Minister Piyush Goyal to suitably amend the Income Tax Act so that assets gifted to wives and daughters-in-law are not taxed.

According to provisions of Section 64 of the I-T Act, if a husband gifts an asset to his wife and the asset results in some income to the wife, the income is added to the taxable income of the man.

The provision to tax the gifted assets was originally formulated in the 1960s under the assumption that wives and daughters-in-law would normally not have any independent taxable income. “However, today with women leaving an indelible mark in every field, the Act seems to have an adverse effect,” Maneka Gandhi added.

She said she had urged the finance ministry to consider amending the Income Tax Act so that the income accruing from the gifted asset was taxed in the hands of wives or daughters-in law and not in the hands of the transferor.