ITR Filing 2026: Who pays tax on property, gifts and asset transfers in India? Key rules explained

Asset transfers in India, including sales, exchanges, or gifts, are generally treated as capital gains and are taxable in the year of transfer. Reporting is mandatory in ITR-2 or ITR-3, depending on whether the income from the asset transfer is classified under capital gains or business income.

It refers to the legal transfer of ownership or control of assets, such as property and securities, from one person to another. It can be done within the family or with a non-family member, but separate rules exist in both cases.

Specific exemptions exist under Section 47 of the Income Tax Act. Under this provision, certain transactions are not treated as "transfers" for capital gains purposes and are exempt from capital gains tax. For individual taxpayers, such a benefit is available only if the transfer occurred within the family.

Who is required to file income tax for such a transaction?

For asset transfers in India, tax is paid by the recipient who has earned the income, not the former owner. A report must be filed by a qualified accountant appointed by the taxpayer.

The report, which is prepared by the accountant, must properly explain the calculation of income arising from the transfer of assets located in India. This report is then filed along with the taxpayer’s income tax return (ITR).

Taxpayers should note that filing an income tax return becomes mandatory if any income from asset transfer is chargeable to tax in the country. Not doing so may lead to legal consequences and penalties.

How is the report filed?

The dedicated accountant must first register and generate a Unique Document Identification Number (UDIN), following which the report is submitted electronically on the income tax portal using a valid digital signature.

Such income must be properly reported to ensure compliance. It also helps the income tax department verify the correctness of income calculations from asset transfers and ensure smoother processing of income tax refunds. Taxpayers can conveniently file through the income tax e-filing portal.

What documents are required?

To report earnings from asset transfers, the taxpayer must provide certain documents, including financial statements, asset valuation reports, transaction-related documents, and taxpayer contact details.

The reporting of asset transfers is governed by Section 9(10) of the Income-tax Act, 2025, and corresponds to Section 9(1) of the Income-tax Act, 1961. These provisions read together with Rule 11 of the Income-tax Rules, 2026 and Rule 11UC of the Income-tax Rules, 1962.

Once your report is submitted and acknowledged by the tax department, it cannot be edited. Post that, any correction in the report would require filing a revised return of income by the applicable due date.

Filing an ITR requires taxpayers to have a valid Permanent Account Number (PAN), as it serves as the primary identifier for all tax-related transactions in India. Meanwhile, Aadhaar is not mandatory in this case, but providing an active mobile number is strongly recommended, as it enables seamless communication with the I-T Department, including the receipt of one-time passwords (OTPs), alerts, and other updates.