Harun Raaj & AssociatesHarun Raaj & Associates

Claim audit · FY 2026-27

Gift money to your spouse and invest in their name

TrapAudited: 2026-08-09

The condition that decides it

The gift itself is exempt (relative, s.56), but all income the gifted money earns is clubbed straight back into YOUR hands u/s 64(1)(iv). The only clean route is a genuine documented loan at market interest — and the interest you receive is taxable.

What the department sees

Both spouses' AIS, bank transfer trail

Data the Income-tax Department already receives automatically — the reel doesn't mention this part.

The real math

The reel implies that gifting ₹10,00,000 to a spouse removes future investment income from the donor’s tax return. The gift itself can be exempt as a relative under section 56(2)(x), so the transfer tax is ₹0. But if the spouse invests the ₹10,00,000 and earns 8%, the income is ₹10,00,000 × 8% = ₹80,000. Section 64(1)(iv) clubs that ₹80,000 back into the donor’s hands, so the claimed donor reduction is ₹80,000 − ₹80,000 = ₹0. The spouse’s investment may still be legally held in the spouse’s name, but clubbing controls the income attribution. A genuine documented loan at market interest is a different route; the interest received by the donor is taxable. The statute produces an exempt transfer with clubbed income, not a simple income-shifting deduction.

Questions people actually ask

Is a gift to a spouse taxable?

Section 56(2)(x) can exempt a gift to a relative such as a spouse. The future income from the gifted asset is separately tested under section 64(1)(iv).

Who pays tax on spouse investment income?

Section 64(1)(iv) clubs income from gifted money back into the donor’s hands. On ₹10 lakh at 8%, the clubbed income is ₹80,000.

Is a loan better than a gift to a spouse?

Section 64(1)(iv) does not apply identically to a genuine documented loan at market interest, but interest received by the donor is taxable. Do not relabel a gift as a loan.

Sections: 56(2)(x), 64(1)(iv) · We audit claims, not creators. Reviewed by Harun Raaj & Associates, Chartered Accountants · All audited claims