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Gifting to Father's HUF: NRI Tax Rules and Refiling Explained

Gifting to Father's HUF: NRI Tax Rules and Refiling Explained
Does an NRI get taxed for gifting savings to his father's HUF? Does this fall under Income from Other Sources? Explained · livemint.com

A man from India who lives in the UK asked if he has to pay tax when he gives money to his father's family fund, called a HUF.

The good news is that people who give gifts do not have to pay tax on the gift itself.

Normally, if a HUF receives money without giving anything back, that money could be treated as taxable income.

But there is a special rule: gifts from relatives are not taxed, and members of the HUF count as relatives.

So the father's HUF does not have to pay tax on the gift from the NRI member.

However, if the HUF invests the gifted money and earns income from it, that income is added to the member's own tax return.

The article also answers a question from an NRI in Singapore who filed a tax form called Form 41 with the wrong certificate.

Once Form 41 is submitted it cannot be changed directly, but the taxpayer can file it again online and the new filing becomes valid.

The article also explains that NRIs are people who do not meet the residency rules, like staying in India for 182 days or more.

Special exceptions in the rules may change how long certain visitors can stay before being treated as residents.

Key facts

Gift tax for the giver
Not taxable — gifts made by a person do not create tax liability for the giver.
HUF taxation of gift
Gifts from relatives, including HUF members, are exempt; otherwise treated as Income from Other Sources under the Income Tax Act 2025.
Income from gifted funds
Investment income earned by the HUF must be clubbed with the member's income.
Foreign exchange rules
Receiving gifts from NRIs is not currently restricted.
Form 41 correction
Cannot be directly revised; resubmission via the e-filing portal makes the original filing non-actionable.
Residential status threshold
Resident if 182 days in India, or 60 days plus 365 days across four preceding years.
High-earner exception
60-day period extended to 120 days for those earning over ₹15 lakh excluding foreign income (from 2021-22).

Sources

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