What is the inheritance tax ? All you need to know

By Ashish Bajpai Apr 26, 2024
India Had Its Own Inheritance Tax Till 1985.India Had Its Own Inheritance Tax Till 1985.

Inheritance tax, a topic that often sparks heated debates, has significant implications for families and their financial legacies. Let’s delve into the intricacies of this tax, its historical context, and its current status in India.

What Is Inheritance Tax?

Inheritance tax, also known as estate duty, is a levy imposed on assets inherited from a deceased person. When beneficiaries receive an inheritance, they are liable to pay this tax based on the value of the assets. Unlike estate tax, which is deducted from the estate itself, inheritance tax is directly borne by the beneficiary.

India had an 'inheritance' tax 40 years ago.
India had an ‘inheritance’ tax 40 years ago.

India’s Historical Perspective

India implemented an inheritance tax (estate duty) in 1953. For several decades, it played a role in wealth redistribution and revenue generation. However, in 1985, the Rajiv Gandhi government abolished this tax, marking a significant shift in India’s tax landscape. The decision was met with both support and criticism, with proponents emphasizing economic growth and opponents highlighting potential inequality.

Current Scenario in India

As of now, India does not levy any specific tax on inheritance. When an individual passes away, their properties and assets—whether ancestral or acquired—transfer to legal heirs (children, grandchildren, or wards). Unlike many other countries, India does not impose an inheritance tax on these transfers. However, certain income tax implications arise from inherited property:

  1. Income from Inherited Property: If the inherited property generates income (such as rent or interest), the new owner (the legal heir) must declare this income and pay taxes accordingly. For instance, if Mr. Ram inherits a commercial complex that yields monthly rent, he becomes liable for reporting and paying taxes on that rental income.
  2. Subsequent Sale of Inherited Property: Legal heirs who choose to sell inherited property become its owners. Capital gains or losses resulting from the sale accrue to them. The holding period (the duration the property was held by both the deceased and the heir) determines whether the gains fall under long-term or short-term capital gains tax.

The Ongoing Debate

Despite its abolition, the inheritance tax debate resurfaces periodically. Some argue that reintroducing it could address wealth inequality and fund social welfare programs. Others contend that it might discourage investment and hinder economic growth. As politicians spar over its merits, the legacy of the inheritance tax continues to shape India’s fiscal policies.

In conclusion

In conclusion, while India currently lacks an inheritance tax, the conversation surrounding it remains relevant. As families plan their financial futures, understanding the historical context and potential implications is crucial. Whether inheritance tax will re-enter the Indian tax code remains uncertain, but its impact on wealth distribution and economic progress remains a topic of interest for policymakers and citizens alike.

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