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Issue ID: 5333
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amont received from USA

Date 19 Feb 2013
Replies 1 Reply
Views 1314 Views
Gift characterisation of cross border remittance depends on evidence of genuineness and intermediary's lack of beneficial receipt.
Tax treatment of a remittance routed through a third party depends on factual characterisation and proof; if the daughter's transfer to her father routed via a friend's account is genuinely a gift and documentary evidence shows the friend merely intermediated without beneficial receipt, it should be treated as a gift rather than taxable income, whereas inadequate proof may invite challenge by tax authorities. (AI Summary)

Amount received from USA

Dear Sir,

My friend's daughter has been working at USA. She has send 2000 USD to his father in India.

But said amount has been remitted in India through her freind saving bank account.

In such case what would be implications / Tax liabialities , If ann ore would be trated gift by daugher to father.

Kindly provide your  opinion.

Regards

Pradeep Jain

1 answers
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Replied on Feb 22, 2013
1.

I think all depends on the facts and circumstances in which she has used friend,s account. If it is a genuine transaction and can be proved, no addition as gift to my minde.

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