Retired individuals looking to sell inherited gold jewellery should be aware of the latest tax rules under the Income-tax Act, 1961. According to a Moneycontrol report, gold—even if inherited—is treated
as a capital asset, and any profits from its sale are taxed as capital gains.
Inheritance Timeline Matters
A retired taxpayer recently approached experts, stating she had received gold jewellery from her late mother on three occasions: during her wedding in 1981, and at birth ceremonies of her children in 2001 and 2005. The jewellery had originally been inherited by her mother from her own parents.
As per provisions highlighted in the Moneycontrol article, in cases of inheritance, both the date and cost of acquisition are considered from the original owner. For gold inherited in 1981, the seller can take either the actual cost to the mother or the fair market value (FMV) as of 1st April 2001, whichever is higher. For jewellery received in 2001 and 2005, the cost will trace back to the mother—or grandmother, if she was the original owner.
The Income Tax Act allows sellers of capital assets (like gold) to substitute the original purchase cost with the Fair Market Value (FMV) as of April 1, 2001, only if the asset was acquired before that date (either by you or the person you inherited it from).
If no cost documents are available, Moneycontrol suggests relying on historic gold prices supported by a valuer’s certificate or jeweller association data.
New LTCG Rule Effective July 2024
As per the Finance Act (No. 2) of 2024, effective 23rd July 2024, the holding period for gold to qualify as long-term capital asset is reduced from 36 to 24 months. Gains from gold sold after this period will now be taxed at a flat 12.5% without indexation, according to Moneycontrol.
Since the jewellery in this case has been held for decades, the entire gain will qualify as long-term capital gains (LTCG), subject to the new 12.5% tax.
