Inheritance Tax on Property: Everything You Need to Know
Inheritance tax, often referred to as estate duty or death tax, is a financial obligation imposed on the transfer of property and assets from a deceased individual to their beneficiaries. While many countries levy inheritance tax, India currently does not. However, discussions regarding its reimplementation have resurfaced. This blog explores the inheritance tax concept, its historical background, tax implications on inherited property, and methods to optimize taxation while inheriting assets.
Understanding Inheritance Tax
Inheritance tax is a levy imposed on the assets of a deceased person before they are transferred to legal heirs. In many countries, beneficiaries must pay taxes on inherited wealth. However, in India, no such tax exists, as estate duty was abolished in 1985 due to high tax rates and administrative inefficiencies.
Historical Background of Inheritance Tax in India
Estate duty in India was introduced in 1953 to curb wealth accumulation. However, the tax rates reached as high as 85% for larger estates, making its execution problematic. As a result, the government abolished inheritance tax in 1985, allowing assets to pass on to heirs without direct taxation.
Despite its abolition, the government periodically revisits the idea of reintroducing inheritance tax to ensure equitable wealth distribution. Thus, understanding the tax implications of inheriting and subsequently selling property remains crucial for legal heirs.
Taxation on Inherited Property in India
Although inheritance tax does not exist in India, other tax obligations arise upon inheriting property, such as income tax and capital gains tax when the property is sold.
1. Income Tax on Rent from Inherited Property
If a beneficiary inherits a property that generates rental income, they must declare this income under the head "Income from House Property" in their tax return and pay applicable income tax.
For example, if a deceased parent owned a commercial property generating Rs. 70,000 in rent per month, the legal heir inheriting it must report this rental income and pay income tax per their tax slab.
2. Capital Gains Tax on Sale of Inherited Property
Legal heirs are not liable for taxes at the time of inheritance but must pay capital gains tax if they decide to sell the inherited property. The taxation is determined based on the holding period, including the duration the deceased owned the property.
Short-Term Capital Gains (STCG)
If the inherited property is sold within 24 months from the original acquisition date, the profits are taxed as per the individual's income tax slab under STCG.
Long-Term Capital Gains (LTCG)
If the inherited property is sold after 24 months, it is taxed under LTCG, with a 20% tax rate plus indexation benefits.
Example:
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Mr. Ashish inherited a property in 2019, originally purchased by his father in 1997 for Rs. 40,000.
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If Mr. Ashish sells it in 2023 for Rs. 5,00,000, the LTCG applies since the property was held for more than 24 months.
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He can benefit from indexation, reducing taxable capital gains and lowering tax liability.
How to Save Capital Gains Tax on Inherited Property
1. Section 54EC Bonds
Legal heirs can invest the capital gains from property sales in specified bonds within six months to claim exemption under Section 54EC. Eligible bonds include:
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National Highway Authority of India (NHAI)
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Indian Railways Finance Corporation Limited (IRFC)
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Power Finance Corporation Ltd (PFC)
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Rural Electrification Corporation Ltd (RECL)
The maximum investment limit is Rs. 50 lakh per financial year.
2. Section 54 Exemption (Reinvestment in Residential Property)
Heirs can reinvest sale proceeds into purchasing or constructing a new residential property to claim LTCG exemption under Section 54.
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The new property must be purchased within two years before or three years after the sale of the inherited property.
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Up to two properties can be purchased with a maximum LTCG exemption of Rs. 2 crore.
3. Gifting to Family Members
In India, gifts to specific relatives such as spouses, children, or parents are tax-free. Transferring property before sale to a lower-income family member could reduce tax liability.
4. HUF (Hindu Undivided Family) Tax Benefits
If a property is transferred to an HUF, tax planning can be optimized as HUFs enjoy separate tax exemptions and slabs, reducing tax liabilities.
Calculation of Inheritance Tax (Hypothetical Scenario)
If India were to reintroduce inheritance tax, it would likely be calculated as follows:
Example:
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Mr. Ramesh inherits a property worth Rs. 10 crores.
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Assuming an inheritance tax rate of 10% on wealth exceeding Rs. 5 crores,
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Taxable inheritance = Rs. 10 crores - Rs. 5 crores = Rs. 5 crores
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Inheritance tax payable = 10% of Rs. 5 crores = Rs. 50 lakhs
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Since inheritance tax does not exist in India, no such liability applies, but similar laws exist in countries like the USA, UK, and Japan.
Methods of Inheritance in India
Inheritance of assets occurs through different legal structures, such as:
1. Will of Succession
A legally executed Will ensures a smooth transfer of assets to intended beneficiaries.
2. Inheritance by Nomination
Assets such as bank deposits, insurance policies, and mutual funds pass to the nominated individual upon the owner’s demise.
3. Inheritance by Joint Ownership
Assets jointly owned by individuals automatically transfer to the surviving owner(s).
Conclusion
While inheritance tax does not exist in India, beneficiaries must understand income tax and capital gains tax implications on inherited property. Proper tax planning through Section 54 exemptions, investment in bonds, and legal restructuring can help minimize tax burdens.
If the government reinstates inheritance tax in the future, legal heirs may need to plan their assets efficiently to avoid substantial tax liabilities.
Secure your inheritance today by drafting a well-structured Will! Seek expert legal assistance to ensure a hassle-free property transfer to your loved ones.