Definition:

Movable property refers to any property or asset that can be physically moved from one place to another without causing damage to the property or the land/building it is associated with. Unlike immovable property, movable property does not include land or permanently attached structures.

Why is Movable Property Important?

Movable property plays an important role in taxation, inheritance, gifting, insurance, and business transactions. Under Indian tax laws, the transfer, sale, or gifting of certain movable assets may attract tax depending on the type of asset, its value, and the applicable provisions of the Income-tax Act, 1961.

Examples of Movable Property

  • Cars, motorcycles, and other vehicles

  • Jewellery and precious metals

  • Furniture and home appliances

  • Machinery and equipment

  • Mobile phones, laptops, and electronics

  • Artwork, paintings, and collectibles

  • Shares, bonds, and other securities

  • Cash and bank balances

Tax Implications of Movable Property

1. Tax on Gifts of Movable Property

Under Section 56(2)(x) of the Income-tax Act, certain movable properties received without consideration or for inadequate consideration may be taxable if the aggregate fair market value exceeds ₹50,000 in a financial year.

Specified movable properties include:

  • Shares and securities

  • Jewellery

  • Archaeological collections

  • Drawings

  • Paintings

  • Sculptures

  • Any work of art

  • Bullion

However, gifts received from specified relatives, on marriage, through inheritance, under a will, or in certain other exempt situations are not taxable.

2. Capital Gains Tax

When movable property that qualifies as a capital asset is sold, any profit may be taxable as capital gains.

Common examples include:

  • Jewellery

  • Gold and silver

  • Shares and securities

  • Paintings and artwork

The tax payable depends on:

  • Cost of acquisition

  • Sale consideration

  • Holding period

  • Nature of the asset

  • Applicable capital gains tax provisions

3. Depreciation for Business Assets

Businesses can claim depreciation under the Income-tax Act on eligible movable assets used for business or professional purposes, such as:

  • Machinery

  • Plant and equipment

  • Computers

  • Furniture

  • Motor vehicles

Depreciation reduces the taxable business income by allowing a deduction for the wear and tear of these assets.

4. GST Implications

The sale of movable goods in the course or furtherance of business is generally subject to GST unless specifically exempt. The applicable GST rate depends on the type of goods being supplied.

5. Wealth and Inheritance

India does not currently levy wealth tax or inheritance tax. Therefore, inheriting movable property is generally not taxable in itself. However, any income earned from the inherited asset or gains arising from its subsequent sale may be taxable under the applicable provisions of the Income-tax Act.

Definition:

Movable property refers to any property or asset that can be physically moved from one place to another without causing damage to the property or the land/building it is associated with. Unlike immovable property, movable property does not include land or permanently attached structures.

Why is Movable Property Important?

Movable property plays an important role in taxation, inheritance, gifting, insurance, and business transactions. Under Indian tax laws, the transfer, sale, or gifting of certain movable assets may attract tax depending on the type of asset, its value, and the applicable provisions of the Income-tax Act, 1961.

Examples of Movable Property

  • Cars, motorcycles, and other vehicles

  • Jewellery and precious metals

  • Furniture and home appliances

  • Machinery and equipment

  • Mobile phones, laptops, and electronics

  • Artwork, paintings, and collectibles

  • Shares, bonds, and other securities

  • Cash and bank balances

Tax Implications of Movable Property

1. Tax on Gifts of Movable Property

Under Section 56(2)(x) of the Income-tax Act, certain movable properties received without consideration or for inadequate consideration may be taxable if the aggregate fair market value exceeds ₹50,000 in a financial year.

Specified movable properties include:

  • Shares and securities

  • Jewellery

  • Archaeological collections

  • Drawings

  • Paintings

  • Sculptures

  • Any work of art

  • Bullion

However, gifts received from specified relatives, on marriage, through inheritance, under a will, or in certain other exempt situations are not taxable.

2. Capital Gains Tax

When movable property that qualifies as a capital asset is sold, any profit may be taxable as capital gains.

Common examples include:

  • Jewellery

  • Gold and silver

  • Shares and securities

  • Paintings and artwork

The tax payable depends on:

  • Cost of acquisition

  • Sale consideration

  • Holding period

  • Nature of the asset

  • Applicable capital gains tax provisions

3. Depreciation for Business Assets

Businesses can claim depreciation under the Income-tax Act on eligible movable assets used for business or professional purposes, such as:

  • Machinery

  • Plant and equipment

  • Computers

  • Furniture

  • Motor vehicles

Depreciation reduces the taxable business income by allowing a deduction for the wear and tear of these assets.

4. GST Implications

The sale of movable goods in the course or furtherance of business is generally subject to GST unless specifically exempt. The applicable GST rate depends on the type of goods being supplied.

5. Wealth and Inheritance

India does not currently levy wealth tax or inheritance tax. Therefore, inheriting movable property is generally not taxable in itself. However, any income earned from the inherited asset or gains arising from its subsequent sale may be taxable under the applicable provisions of the Income-tax Act.

© 2023 Goodspeed. All rights reserved.

© 2023 Goodspeed. All rights reserved.