Taxpayers, especially those in higher income brackets, are always searching for legitimate ways to reduce their tax burden. Beyond the usual investments in tax-saving instruments, many people now consider another approach: transferring money to family members so the investment income gets taxed at a lower slab.
This often involves giving money to a spouse, supporting parents, or transferring funds to an adult child with little or no income. At first glance, it appears to be an easy and legal way to save tax. But experts caution that while gifting money within the family is allowed, using it strictly as a tax-saving strategy can be complicated and may attract scrutiny if done incorrectly.
Is Gifting Money a Valid Tax-Saving Tool?
Dr Suresh Surana, Founder of RSM India, makes it clear that transferring money solely to reduce tax is usually ineffective. According to him, “Transferring money to family members with the sole intent of reducing one’s own income-tax liability is generally not a permissible tax-planning mechanism under Indian tax law.”
He explains that clubbing provisions often remove the benefit. If you transfer money without adequate consideration, any income generated from that amount can still be taxed in your hands, not in the hands of the person who receives it.
Abhishek Kumar, Sebi-registered investment adviser and Founder of Sahaj Money, agrees. He notes that the strategy works only in specific cases. “This strategy reduces tax burden only if the person receiving the money invests that money in lower tax brackets or tax-exempt instruments. Otherwise, clubbing provisions may apply, making the approach effective only when properly structured.”
Who Qualifies as a Relative Under Tax Law?
Dr Surana clarifies that there is no upper limit on how much money you can gift a relative, as long as the transaction is genuine and not part of an artificial arrangement.
Relatives under Indian tax laws include:
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Spouse
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Parents
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Children
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Siblings
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Grandparents
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Grandchildren and their spouses
Gifts to non-relatives above Rs 50,000 in a year become taxable.
Abhishek adds that this Rs 50,000 limit applies strictly to non-relatives. Once the amount crosses that threshold, the entire gift becomes taxable in the hands of the receiver.
When Transfers Can Actually Save Tax
Abhishek gives a simple example to show where tax savings are possible.
If someone earning Rs 50 lakh annually gifts Rs 20 lakh to his adult son who has no income, and the son invests it in a fixed deposit earning 6 percent, the interest earned (Rs 1.2 lakh) can fall within the basic exemption limit. In such a case, the son pays no tax.
Had the father invested the same amount, he would have been taxed at 30 percent. This method works because the recipient is an adult and clubbing rules do not apply.
Who Pays the Tax on Investment Returns?
Abhishek explains that an adult child receiving money is responsible for paying tax on the investment income, based on their own tax slab. But the rules differ for minors. If the recipient is a minor, the income is clubbed with the parent’s income unless the gift comes from a grandparent or eligible relative.
Clubbing rules also affect married couples. If a spouse invests gifted money and earns returns, the income may still be taxed in the hands of the spouse who made the gift.
He warns that problems arise when people use money transfers to hide income or convert unaccounted money into legitimate funds. Such practices immediately trigger scrutiny from the tax department, especially for large cash transfers.
Essential Documents You Must Keep
Dr Surana emphasises the need for clear documentation. He advises maintaining proof of the relationship, a written gift deed, bank transfer receipts, PAN details, and statements showing how the money was used. For cash gifts, supporting documents showing the source of funds are crucial to avoid issues under Sections 68–69D.
Abhishek echoes the same advice. He recommends avoiding cash gifts and using only bank transfers for a clean audit trail. For property gifts, he suggests a properly registered gift deed with stamp duty and witnesses.
Final Verdict: Safe but Needs Caution
Both experts agree on one point: transferring money to family is completely legal in India. But using it as a tax-saving tool requires clarity, documentation, and awareness of clubbing rules. Without proper structure, what seems like a simple tax hack can lead to confusion and even tax notices.
