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Chapter 8Retirement & estate planning in India

Estate-tax watch and gift planning

In this chapter: Current absence of estate duty · Cross-generational gifting and clubbing rules

~3 min readLayer 3 · Industry Domain MasteryFree
Foundation

India abolished estate duty in 1985. Inheritances are tax-free at receipt; capital gains on later sale are taxed (cost basis = deceased's original cost). Gifts to relatives are tax-free; gifts to non-relatives above ₹50K aggregated per year are taxed. Cross-generational planning uses gifts within family, HUF structures, and trusts.

Deep Dive

Gift planning: father can gift ₹X to adult son (tax-free; son's income from it is taxed in son's hands at potentially lower slab). Same gift to minor son — income clubbed back to father. Gift to spouse: tax-free but income clubbed back. Gift to HUF: not clubbed if from outside HUF; clubbed if from member. Cross-generational example: grandfather gifts ₹50L to grandson (adult). Grandson invests; income taxed at grandson's slab (potentially lower than grandfather's). Over decades, this saves substantial tax. Other tools: education funding via 80E education loan in beneficiary's name; lifestyle costs via HUF distributions.

Advanced

A nuanced angle: estate duty repeal is politically reversible. Many practitioners plan as if estate duty might return — using trust structures to insulate against potential future estate duty. Also: cross-border families (NRI children, parents in India) have specific issues. Indian-domiciled person's worldwide assets could attract estate duty if reintroduced; foreign-domiciled person's Indian assets could attract duty. Sophisticated estate planning involves dual jurisdictions, currency considerations, and timing of relocations. Most middle-class Indians don't need this complexity; HNW with cross-border exposure do.

Educational purposes only. The numbers, returns, and examples used in this lesson are illustrative. Past performance does not guarantee future results. Mutual fund and securities investments are subject to market risks. This lesson is not investment advice; for advice tailored to your circumstances, consult a SEBI-registered Investment Adviser. Read our full disclaimer.