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Transfer of money from Australia to India.

Question BankCategory: Income TaxTransfer of money from Australia to India.
Dony asked 3 months ago

How does transferring money from my Australian account to my family in India affect our tax obligations in India, considering I am an Indian resident currently working in Australia? I’m seeking clarity on any tax implications this may have for both me and my family members in India.

1 Answers
Manoj answered 3 months ago

If you are an Indian resident working in Australia and you transfer money from your Australian account to your family in India, here are the key tax implications for both you and your family in India, based on the information previously discussed:

  1. For You (The Sender): As the person transferring money from Australia to India, you will not face any additional tax implications in India for the act of transferring money. This is because Australia and India have a Double Taxation Avoidance Agreement (DTAA), which ensures that income taxed in one country is not taxed again in the other country. The income you earn in Australia is subject to Australian tax laws, and once you transfer your post-tax income to India, it does not attract any further tax in India on the transfer itself​​.
  2. For Your Family in India (The Recipients): Money received by your family from you, assuming you are considered a ‘close relative’ under Indian tax laws, is not taxable in India. The Income Tax Act in India specifies that any sum of money received without consideration by an individual from a relative is not taxable. For this purpose, relatives include parents, siblings, spouse, children, and lineal ascendants and descendants, among others. Therefore, the money you transfer to your family for their personal use or maintenance is considered a gift and is not taxable in India​​.
  3. Reporting Requirements: While there are no taxes on the gifts received by your family from you, it’s important for them to maintain records of these transactions. This is to ensure that if queried by the tax authorities, they can clearly demonstrate the source of the funds as a non-taxable gift from a relative abroad.
  4. Large Amounts and Financial Year Considerations: Even though there is no limit to the amount of money you can send to India, for significant amounts, it may be prudent for your family to ensure that they comply with any reporting requirements set by the Reserve Bank of India (RBI) or the Income Tax Department, especially if the funds are used for investment or are deposited in interest-earning accounts, where the interest income may be taxable.
  5. Tax Collection at Source (TCS): It’s important to note the Tax Collection at Source (TCS) rules under the Liberalized Remittance Scheme (LRS) if the amount being sent exceeds certain thresholds. However, the primary concern for TCS is when money is sent from India to another country, not the other way around. 
  6. For the Receiver in India (non-relative): Money received from a close relative abroad is considered a tax-free gift under Indian tax laws. The definition of a close relative includes lineal ascendants or descendants, which would cover direct family members like parents, children, and siblings. Therefore, remittances received from such relatives in India do not attract any tax liability. However, if the amount is received from a non-relative and exceeds ₹50,000, it is taxable as income for the recipient.
  7. Exhaustive List of Relative under Section 56(2) are – 1. Husband/wife Clause(i) 2. Brother and his wife Clause(ii)with(vii) 3. Sister and her husband Clause(ii)with(vii) 4. Wife’s bro. and his wife Clause(iii)with(vii) 5. Wife’s sister and her husband Clause(iii)with(vii) 6. Kaka – Kaki Clause(iv)with(vii) 7. Fua – Foi Clause(iv)with(vii) 8. Mama – Mami Clause(iv)with(vii) 9. Masa – Masi Clause(iv)with(vii) 10. Father – Mother Clause(v)with(vii) 11. Grandfather – Grandmother Clause(v)with(vii) 12. Son and his wife Clause(v)with(vii) 13. Daughter and her Husband Clause(v)with(vii) 14.  Father in Law and Mother in Law Clause(vi)with(vii) 15.  Grand Father in Law (GFIL) and Grand Mother in Law (GMIL) Clause(vi)with(vii)

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