Gift Tax in India: Are Your Diwali and New Year Gifts Tax-Free?

Festive seasons like Diwali and New Year bring joy, celebrations, and gifts. But did you know that not all gifts are tax-free? As a taxpayer, it’s important to know when a gift becomes taxable, how much tax you may owe, and how to stay compliant.

 

What is a “Gift” under Income Tax Law?

A “gift” means receiving money or property—immovable (land, building) or movable (jewellery, shares, artwork)—without paying full value.

Examples include:

  • Cash or cheque from a friend, employer, or acquaintance 
  • Jewellery, paintings, shares, or valuables received free 
  • Property (land or house) given without adequate payment 

 

When Are Gifts Taxable?

From Non-Relatives

If the total value from non-relatives in a financial year exceeds ₹50,000, the entire amount becomes taxable as “Income from Other Sources.” This is cumulative—small gifts add up.

For property gifts, if the stamp duty/market value exceeds ₹50,000, the entire amount or difference (if given at a discounted price) is taxable.

From Relatives

Gifts from specified relatives—parents, spouse, siblings, children, and lineal ascendants/descendants—are fully exempt, regardless of value.

From Employer

If your employer gives you Diwali or New Year gifts:

  • Up to ₹5,000 in a year is exempt 
  • If value exceeds ₹5,000, the entire amount is taxable as salary perquisite 
  • Assets like cars or bikes are taxed under salary income, not gift rules 

What does it mean for you?

  1. Watch the ₹50,000 limit
    Individually small gifts may seem harmless, but once combined, crossing the limit makes the entire value taxable. 
  2. Differentiate between relatives and non-relatives
    Gifts from relatives are always safe. But gifts from friends, colleagues, or neighbours add up toward the ₹50,000 threshold. 
  3. Employer gifts aren’t always free
    That Diwali hamper, voucher, or gadget worth over ₹5,000 will be added to your salary and taxed. 
  4. High-value or property gifts attract scrutiny
    For land, jewellery, or shares, valuation matters. Even discounted sales can trigger tax on the difference. 
  5. Keep documentation
    Gift deeds, valuation reports, or employer statements help in case of tax queries. 
  6. No separate gift tax
    India doesn’t levy a stand-alone “gift tax.” Gifts are taxed under the Income Tax Act (section 56) and reported in your normal ITR. Both old and new regimes apply. 

 

A Quick Scenario

Suppose you receive:

  • ₹30,000 from a friend 
  • ₹25,000 from a neighbour 
  • Sweets worth ₹3,000 

Total = ₹58,000. Since it crosses ₹50,000, the full ₹58,000 is taxable.

If the ₹30,000 came from your brother (a relative), only ₹25,000 counts. As it’s below ₹50,000, no tax applies.

 

The Final Word

Diwali and New Year gifts bring happiness, but some can carry hidden tax obligations. Remember: ₹50,000 is the key limit for non-relatives, gifts from relatives are always exempt, and employer gifts above ₹5,000 are taxable. Awareness now will save you stress during filing.