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Transfers that aren't taxed — Section 47 (gifts, inheritance, partition)

In short

Some ways of passing on an asset are not treated as a transfer under Section 47 — so no capital-gains tax arises: gifts, inheritance/will, HUF partition, and certain company reorganisations.

Not a transfer → no tax now

  • Gift, will or inheritance of a capital asset.
  • Distribution of assets on total or partial HUF partition.
  • Transfer between a wholly-owned subsidiary and its holding company; qualifying amalgamation / demerger.

Deferred, not waived

When the receiver eventually sells, they use the previous owner's cost and holding period (Sec 49(1) & 2(42A)) — so the asset is usually already long-term. This makes a family gift a clean way to move an asset with no immediate tax, and to shift the future gain to a lower-slab member (watch the clubbing rules for spouse/minor).

Note

Gifts from non-relatives above ₹50,000 can be taxable in the receiver's hands under Section 56(2) — gifts within the family are exempt.

The law behind it
Section 47 Section 49(1) Section 56(2)
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General information for FY 2025-26 (AY 2026-27), not advice on your specific case. Limits, rates and conditions change with each Finance Act and depend on your facts — confirm before acting. © EaseValue Advisors LLP.
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