Key points in
creation of HUF and format of deed for creation of HUF
1. Under the Income Tax Act, an HUF is a
separate entity for the purpose of income tax return.
2. The same tax slabs are applicable to HUF
as to individual assessee.
3. You can not transfer your own
assets/money into HUF.
4. If you have ancestral property and
earning some income from this property, then it is better to transfer this
asset to HUF and save tax up to exemption limit applicable to individual.
5. You can transfer the money received on
sale of ancestral property /assets into your HUF.
6. The income from property of HUF can be
further invested in instruments such as shares, mutual funds, etc. and will be
assessed under HUF.
7. Existence of property or multiple
members is not a pre-requisite to create HUF. A family which does not own any
property may still have the character of Hindu joint family. This jointness is
understood in terms of faith and food. This is because as a Hindu is born as a
member of the joint family.
8. Any gifts received by the members of HUF
(birthday, marriage, etc.) can be treated as assets of HUF.
9. The HUF is taxable as separate person
under income tax hence one can save tax from basic exemption of Rs. 2.5 lakh.
HUF will also gain from the tax slab structure of computing income tax.
10. Apart from basic exemption of Rs.
2.50 lakh, section 80C deduction up to Rs. 1.50 lakh is also available.
11.
For example, if you are in 30% tax bracket, then approx tax saving by creating
an HUF will be as follows:
·
Basic exemption up to Rs.
2,50,000 = nil
·
Rs. 2,50,000-5,00,000 @5% =
Rs. 25,000
·
Rs. 5,00,000-10,00,000 @20%
= Rs. 1,00,000
·
80C deductions Rs. 1,50,000
·
Therefore total tax payable
for HUF on income of Rs. 6,50,000 is only Rs. 12,500.
·
If this income of Rs.
6,50,000 is taxed in individual hand @ 30% tax due is Rs. 1,95,000.
·
Hence, you can save a total
of Rs. 1,82,500 by creating an HUF and transferring ancestral property income
and other income under HUF.
Note:
An HUF is liable to pay Alternate Minimum Tax if the tax payable is less than 18.5
per cent (including cess and surcharge) of “Adjusted Total Income” subject to
prescribed conditions.
12. The following
incomes are not taxed as income of HUF:-
·
If a member has converted or transferred without adequate
considerationhis self-acquired property into join family property, income from
such property is not taxable in hands of the family.
·
Income of impartible estate (though it belongs to family) is
taxable in the hands of holder of estate and not in hands of HUF.
·
Personal income of the members cannot be treated as income of
HUF.
·
“Stridhan” is absolute property of a woman, hence income arising
therefrom is not taxable as income of HUF.
·
Income from individual property of daughter is not taxable in
hands of HUF even if such property is vested into HUF by daughter.
13. An HUF is recognized
as a separate assessable entity under the Act. Its income may be assessed if
following two conditions are satisfied:
·
There should be a coparcenership. In this connection, it is
worthwhile to mention that once a joint family income is assessed as that of
HUF, it continues to be assessed as such in subsequent assessment years till
partition is claimed by coparceners.
·
There should be a joint family property which consists of
ancestral property, property acquired with the aid of ancestral property and
property transferred by its members.
Please note that
Property obtained by daughter from joint family property would be her absolute
property. Any income there from is chargeable to tax in her hands in the
individual status only. This will also apply to any legal heir obtaining
property in the capacity of a descendent.
FORMAT OF HUF CREATION DEEDS
FORMAT-I
DECLARATION
I,
____________________________ son Of ___________________________________
Residing at ____________________________________________ aged ___Adult do
hereby declare-
- That I am Karta of
____________________________________________
- That I received on behalf of the
H U F gift of Rs. ___________ by way of CASH/CHEAUE from my FATHER
________________________________(name of relative of karta of HUF)
on dt. _______________ this formed the corpus of the
HUF.
- That
the HUF at present is consisting of the followings members-
I)
Shri _____________________, Adult, Residing at _________________
II) Smt.
_____________________, Adult, Residing at _________________
III) Kumari
_________________-Minor, Residing at ___________________
- That
the above statements are true to the best of my knowledge & belief.
Declare this on
_________________
WITNESS:
Signature
- —————————- ————————————
- —————————-
———————————–
FORMAT- II
[To be executed on Rs. 200 Stamp Paper
in Maharashtra]
DECLARATION OF GIFT MADE BY ________________________
TO THE HINDU UNDIVIDED FAMILY OF ___________________
I, _____________________________, residing at _______________________
____________________________________________________________, do hereby declare
and affirm as under:
1. That out of natural love and affection borne by
me towards the Hindu Undivided Family of ______________________________, I
have made a gift of Rs.______ (Rupees _________________ only) as per the
following details:
By Cheque No.________, dated __________, drawn on Bank ____________________, ________________
Branch, in favour of ________________________ HUF.
2. The above Gift has been duly accepted by
________________________, as Karta of his Hindu Undivided Family and has
been duly acknowledged hereunder.
3. This Declaration of Gift is made to record the
fact that I have made this Gift in favour of the Donee as above, who now has
the absolute right, title and interest in the gifted amount.
Date: _____, 200 _____
(Signature of the Donor)
ACKNOWLEDGEMENT OF GIFT
I, ________________________, hereby acknowledge having received the above gift
made to my Hindu Undivided Family by _________________________.
Date: ___________, 200__
___________________
(Signature of the Donee
as Karta of his HUF)