Gold is considered as a capital asset in India, and its sale is considered for capital gains taxation purposes. Though the Income Tax Act does not mention gold holding limits anywhere, it was prescribed in a search guideline issued by the CBDT that there are recommended limits of gold holding by a normal taxpayer. For unmarried woman, the prescribed gold holding limit is 250 grams, whereas it is 500 grams for married woman and 100 grams for children respectively.
If the gold holding crosses the prescribed limits, it is recommended to keep an accurate record of source of income using which gold is purchased.
This article explains in detail, the gold holding limits, and tax implications on sale of gold along with exemption options available.
However, there is a prescribed limit on the quantity of gold jewellery and ornaments that different persons can hold without requiring to explain the source of such gold:
Particulars | Limit per person |
Married woman | Up to 500 gms |
Unmarried woman | Up to 250 gms |
Men | Up to 100 gms |
Hindu Undivided Family (HUF) | As per household income |
The above restrictions apply exclusively to family members of the person against whom search procedures have been commenced. If any jewellery belonging to another person (not a family member) is discovered, tax officers may take it.
The CBDT issued a circular on May 11, 1994, further clarified in a press release, stating that no proof of investment is necessary for gold within the prescribed limits.
The above circular also states that gold jewellery and accessories are exempt from seizure if:
If found during a search, gold that does not meet any of the above criteria would be liable to confiscation by the tax authorities.
When such gold jewellery and ornaments are seized, the assessee must explain the legitimacy and source of income for making such investments along with the proof of making such investment, such as:
If the assessee fails to offer an explanation or the reason provided is not satisfactory, the amount of such gold is taxable at the stipulated rate of 60% + 25% surcharge plus a 4% cess, making the tax rate 78%.
Additionally, a 10% penalty is also payable over and above such tax.
Sale of gold jewellery/bullion/Gold ETFs/ Gold MFs is taxable under the head ‘Capital gains’ as under;
Particulars | Short Term | Long Term |
Period of Holding | 24 months or less | More than 24 months |
Tax Rate | Slab Rate | 12.50% |
Is indexation Available? | No | No |
Computation of Capital Gains | Sales Price (-) Cost of Acquisition (-) Transaction cost | Sales Price (-) Cost of Acquisition (-) Transaction cost |
If gold is acquired before January 1, 2001, the Cost of Acquisition of such gold will be higher of:
(i) the Actual Cost of acquisition of gold or
(ii) the Fair market value of gold as of January 1, 2001.
If you receive gold jewellery / bullion/Gold ETFs/Gold MFs as a gift, the entire market value of gold received is taxable if it exceeds Rs 50,000 in a year. Based on your income bracket, it is taxed at slab rates under the heading 'Income from other sources'.
Nonetheless, the Act grants tax exemptions in the following circumstances where the gift will not be taxable:
Further requirements for receiving the exemption include:
Exempt Capital Gain = Amount of Capital Gain x Amount utilized for purchase of new residential property / Sale proceeds from sale of gold
Also, exemption can be claimed under Section 54EC which requires the taxpayer to invest the capital gains in government bonds such as NHAI, REC and PFC bonds. The maximum limit is Rs. 50 lakhs.
The quantity mentioned above is applicable to individual taxpayers. When it comes to a single locker having jewels from multiple families, the limit will be an aggregate of each individual taxpayer. In this case, it is recommended to open joint locker accounts with the names of the taxpayers from each family.
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Understanding gold ownership-related income tax rules is important in order to stay in compliance and open about your financial dealings. You should maintain updates on changes to regulations and discuss the situation with financial specialists in order to find the best accurate and timely information on gold ownership and the related income tax aspects. Additionally, you can shield your gold investment by recording information clearly, having secure storage options, and reviewing various forms of gold like online platforms and government bonds.