January 16, 2023
Riddhi Thakrar

Basics of Section 56 of the Income-tax Act

In Section 56(2) of something like the Income Tax Act, a different provision (x) was added either by Finance Act of 2017 to specify that paycheck stub of a monetary amount or assets that a person receives without receiving any payment in exchange for it or after crossing a certain criterion would just be subject to tax in the corner of the end zone under the heading "Income from other sources." The rules of section (x) in Section 56(2) of the Income Tax Act regulate how gifts obtained by an individual or HUF are taxed.

The Income-tax Act of 1961 (ITA) divides sources of income into five basic categories: wages, lease payments, company and professional earnings and assets, investment income, and other kinds of revenue.

A guide on incomes that are taxable under the Act

The act has provisions made for each of the income based on the slabs and types of income. The following can be considered regarding the taxable incomes under the act.

1. Dividends are subject to taxation per Section 56(2)(i) of the ITA and are recorded under the heading "Income from Other Sources." Depending on the originating firm's residential status, which determined the dividend's citation,

2. winnings from lottery, crosswords, and racing, especially horse racing, casino games, betting, or staking, are one-time sums of money. These earnings are subject to a flat income tax of 30% and a 4% cess.

3. the sum that a business receives from his staff as a payment towards the employees' state insurance (ESI), provident fund (PF), and mutual fund, among many things. If the business doesn't really transfer the money received from the worker toward the appropriate funds' account, then quite a lot of money will be taxed.

4. Income from securities obtained as interest (Section 56(2)(id))

5. Advance payments or payments made during negotiations for the transfer of a financial instrument (so as the cash is relinquished and the asset isn't transferred)

6. Revenue from renting out a taxpayer's equipment, technology, or other items (Section 56(2)(ii))

7. Income from indivisible rentals of equipment or apparatus with structures (Section 56(2)(iii))

8. Any payment made in accordance with the Keyman insurer, including bonuses (Section 56 (2)(iv))

9. According to Section 56(2)(viib) of the ITA, tax is due on the money received above Fair Market Value (FMV) when a privately owned company issues shares at quite a specific price that is more than FMV.

Taxes on the gifts under the Act

Gifts that are accepted in a financial calendar year in the type of cash (cash, check, online bank transfer, investment deposits, direct debit, or any other form), monetary instrument equivalents, assets (movable or immovable), or in-kind are all taxed. If the present value exceeds Rs 50,000, you are obligated to pay taxes under Section 56(2)(x) of the Income-tax Act, 1961 (ITA). Although gifts up to Rs 50,000 are entirely tax-free, once this threshold is exceeded, the total cost of presents received turns into taxable income in the recipient's hands.

For tax purposes, the total amount of gifts received over the course of the fiscal year must be taken into consideration; individual donations are not taken into account. If the total amount of gifts obtained throughout the year exceeds Rs 50,000, the total amount of those gifts will be subject to tax. For instance, on April 1, 2021, and March 31, 2022, a person got gifts totaling Rs 15,000 and Rs 40,000, respectively. Since the total value of the presents exceeds Rs 50,000 even during the budget year with the heading "income from other sources," the full amount of Rs 55,000 in just this instance is taxed under Section 56(2)(x).

In a similar manner, the ITA states that a monetary present from a company is completely taxable by the owner of the individual under the heading of remuneration. Nevertheless, if the amount of a present obtained in kind exceeds Rs 50,000, the entire sum is taxable income.

The exceptions under the Act

According to Section 56(2), gifts from relatives are free from taxes (x). The ITA states that these individuals are regarded as relatives: the spouses, the brother or sister, the brother or sister of the partner, the brother or sister of either parents, any related by blood or offspring, the spouse of the people mentioned above. any member of a Hindu Undivided Family (HUF).

However, friends are not considered to be family, therefore any gifts they give you are subject to taxes. Additionally, presents that a person receives while they are married are tax-free. Gifts that a person receives on special occasions like their birthday or anniversary, however, are still taxable.

On the contrary, donations received as part of a succession, under a will, or in anticipation of the donor's passing (such as from a terminally sick person predicting death soon) are likewise exempt from taxes.

1. If any cash or property is obtained from any of the following sources, the corporate tax regulation on the payment of presents will not be applied.

2. Any local authority, as defined under Section 10(20) of the ITA Fund/foundation, college or educational institution, hospital based institution, trust/institution defined in section 10 (which specifies what types of revenue are free from tax) (23)

3. Accredited trust or organization by Section 12A, Section 12AA, or Article 12AB.

4. According to Section 10, a fund, trust, or institution, a recognized educational institution or other educational institution, and a hospital or other medical institution (23C)

5. The transaction, which is not considered a transfer under Section 47, or the taking of property from a person by a trust that was set up with the express purpose of helping that person's relative.

The effect of COVID-19 on the Act

To help taxpayers weather the Covid-19 medical problem during the fiscal years 2019–20 and thereafter, the Finance Act of 2022 amended Section 56(2)(x). According to the modification, any money received for COVID-19 therapy from the company or a well-wisher is tax-free.

Additionally, in the event that a family earner passes away, any money gained by members of the family from the business or another individual is tax-exempt. If the money comes from the employer, there isn't an exclusion cap. However, there is a Rs. 10 lakh exemption cap on money proceeds from any additional source.


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