Advice sought on how to reduce tax liability for senior citizen

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Hi, My mother is a senior citizen (71 years old). Her annual income [which is from various FDs in banks] just about exceeds 3 lakhs by a whisker due to which she did not submit the Form 15H. And the bank is now deducting TDS to the tune of approximately Rs 8,000 /= every quarter, which amounts to Rs 32,000 for the year. I have two queries: 1. As per the income tax rule, the rate of tax for senior citizens under the Rs 3 to 5 lakhs slab is given as 10% of the amount by which the taxable income exceeds Rs. 3,00,000/-. Now my mother's annual income exceeds the Rs 3 lakh limit by just Rs 12,000. Does this mean that TDS will be applied ONLY on the Rs 12,000? Why I am asking is because in the TDS certificate [Form 16 A] that the banks are sending every quarter, the tax being deducted is on the principal amounts of the individual FDs. 2. How can my mother avail of the Section 80C to be exempt of all tax liability? For instance, I have a PPF account in my name. Can she deposit the same amount by which her income exceeds the taxable income, in this case Rs 12,000, into my PPF account in March this year? And since the TDS has already been deducted for 2016-17, by when does she have to file a return to get a refund of the tax deducted? Thanks!
Replies (7)

PPF OR LIC PAID FOR DAUGHTER AND SON AND WIFE CONSIDER FOR TAX

DEDUCTION INVESTMENT IN OTHER SOURCES AS PER 80C HERE TAX IS

ONLY 12000/- AND 15H IS APPLICABLE ONLY UPTO BASIC LIMIT OF INCOME

SO BANK IS SUPPOSE TO DEDUCT TDS 

 

 

You have to claim for the refund after the completion of the financial year when you have all the TDS information with you. I am not sure but i think you have to visit the Assessment Officer of your area telling about your income, TDS cut and the refund. Or you can try using tax websites to know if you don't have to visit an AO for this case too. Maybe the website will calculate and will allow you to claim for the refund of the extra TDS deducted and you can pay tax only for the 12,000.

The interest your mother earns is her income, only after it is taxed, you can take from her not before taxed. So, either you take from her before you deposit so that the total income will be below 3 lacs or you take the interest after it is taxed.

Originally posted by : gunturboy26
You have to claim for the refund after the completion of the financial year when you have all the TDS information with you. I am not sure but i think you have to visit the Assessment Officer of your area telling about your income, TDS cut and the refund. Or you can try using tax websites to know if you don't have to visit an AO for this case too. Maybe the website will calculate and will allow you to claim for the refund of the extra TDS deducted and you can pay tax only for the 12,000.

The interest your mother earns is her income, only after it is taxed, you can take from her not before taxed. So, either you take from her before you deposit so that the total income will be below 3 lacs or you take the interest after it is taxed.

Thank you so much for the response. I did some "research" on the Internet and most of the income tax Web sites I checked state that the 10% tax rate is on THAT AMOUNT by which the income EXCEEDS 3 lakhs, which in my mother's case is Rs 12,000. Can you confirm if this is correct?

I presume the bank will anyway deduct a flat 10% TDS on the interest earned from EACH of her fixed deposits as they have no way of knowing her total annual income from all the FDs and by how much it exceeds the 3 lakh limit. So only when she files her tax return in July specifying the income and TDS for ALL the FDs, the excess TDS will be refunded to her. 

 

Banks are instructed to deduct tds on Interest if interest amount for the year exceed Rs.10000.form 15h(senior citizen) is used to intimate them that your total income is not taxable so don't deduct tds on interest income.But as her income is taxable she cannot submit 15H.In your case you have to calculate tax on 12000 @ 10.3%(including edu and sec higher edu cess) and file ITR and as TDS amounting to Rs 32000 has already been deducted so you will be eligible to refund.Only way to get a refund ,for excess TDS deducted, is filling return.
Originally posted by : Debashish



Originally posted by : gunturboy26



You have to claim for the refund after the completion of the financial year when you have all the TDS information with you. I am not sure but i think you have to visit the Assessment Officer of your area telling about your income, TDS cut and the refund. Or you can try using tax websites to know if you don't have to visit an AO for this case too. Maybe the website will calculate and will allow you to claim for the refund of the extra TDS deducted and you can pay tax only for the 12,000.

The interest your mother earns is her income, only after it is taxed, you can take from her not before taxed. So, either you take from her before you deposit so that the total income will be below 3 lacs or you take the interest after it is taxed.





Thank you so much for the response. I did some "research" on the Internet and most of the income tax Web sites I checked state that the 10% tax rate is on THAT AMOUNT by which the income EXCEEDS 3 lakhs, which in my mother's case is Rs 12,000. Can you confirm if this is correct?

I presume the bank will anyway deduct a flat 10% TDS on the interest earned from EACH of her fixed deposits as they have no way of knowing her total annual income from all the FDs and by how much it exceeds the 3 lakh limit. So only when she files her tax return in July specifying the income and TDS for ALL the FDs, the excess TDS will be refunded to her. 

 

 

Of course it is true, for general people the exemption is 2.5 lacs and for senior citizens it is 3 lacs. So you only have to pay tax for the exceeding 12,000. Yes, the banks have no way of knowing what kinds of income a customer has, so unless we submit 15G or 15H in your case, they will deduct TDS. But as the total income 3,12,000 is entirely of the FD interests and if all the FDs are in the same branch, it is obvious that the bank will deduct TDS.

You also make sure, if you can use a tax website for filing the returns and filing the refund. For regular cases where the income is below the exemption limit, the filing is simple and you can claim for the refund if the total income is the interest from FDs, but in your case, i am not sure as it exceeded. Try the websites to know if you don't have to visit AO and can get file the refund online.

Originally posted by : gunturboy26



Originally posted by : Debashish






Originally posted by : gunturboy26



You have to claim for the refund after the completion of the financial year when you have all the TDS information with you. I am not sure but i think you have to visit the Assessment Officer of your area telling about your income, TDS cut and the refund. Or you can try using tax websites to know if you don't have to visit an AO for this case too. Maybe the website will calculate and will allow you to claim for the refund of the extra TDS deducted and you can pay tax only for the 12,000.

The interest your mother earns is her income, only after it is taxed, you can take from her not before taxed. So, either you take from her before you deposit so that the total income will be below 3 lacs or you take the interest after it is taxed.





Thank you so much for the response. I did some "research" on the Internet and most of the income tax Web sites I checked state that the 10% tax rate is on THAT AMOUNT by which the income EXCEEDS 3 lakhs, which in my mother's case is Rs 12,000. Can you confirm if this is correct?

I presume the bank will anyway deduct a flat 10% TDS on the interest earned from EACH of her fixed deposits as they have no way of knowing her total annual income from all the FDs and by how much it exceeds the 3 lakh limit. So only when she files her tax return in July specifying the income and TDS for ALL the FDs, the excess TDS will be refunded to her. 

 





 

Of course it is true, for general people the exemption is 2.5 lacs and for senior citizens it is 3 lacs. So you only have to pay tax for the exceeding 12,000. Yes, the banks have no way of knowing what kinds of income a customer has, so unless we submit 15G or 15H in your case, they will deduct TDS. But as the total income 3,12,000 is entirely of the FD interests and if all the FDs are in the same branch, it is obvious that the bank will deduct TDS.

You also make sure, if you can use a tax website for filing the returns and filing the refund. For regular cases where the income is below the exemption limit, the filing is simple and you can claim for the refund if the total income is the interest from FDs, but in your case, i am not sure as it exceeded. Try the websites to know if you don't have to visit AO and can get file the refund online.

 

That clarifies everything. Thank you so much. :)

One last query. Is it mandatory for a person below 60 to file returns…even if he falls in the no tax bracket and his annual income is way below Rs 2.5 lakhs?

Originally posted by : Debashish



Originally posted by : gunturboy26






Originally posted by : Debashish






Originally posted by : gunturboy26



You have to claim for the refund after the completion of the financial year when you have all the TDS information with you. I am not sure but i think you have to visit the Assessment Officer of your area telling about your income, TDS cut and the refund. Or you can try using tax websites to know if you don't have to visit an AO for this case too. Maybe the website will calculate and will allow you to claim for the refund of the extra TDS deducted and you can pay tax only for the 12,000.

The interest your mother earns is her income, only after it is taxed, you can take from her not before taxed. So, either you take from her before you deposit so that the total income will be below 3 lacs or you take the interest after it is taxed.





Thank you so much for the response. I did some "research" on the Internet and most of the income tax Web sites I checked state that the 10% tax rate is on THAT AMOUNT by which the income EXCEEDS 3 lakhs, which in my mother's case is Rs 12,000. Can you confirm if this is correct?

I presume the bank will anyway deduct a flat 10% TDS on the interest earned from EACH of her fixed deposits as they have no way of knowing her total annual income from all the FDs and by how much it exceeds the 3 lakh limit. So only when she files her tax return in July specifying the income and TDS for ALL the FDs, the excess TDS will be refunded to her. 

 





 

Of course it is true, for general people the exemption is 2.5 lacs and for senior citizens it is 3 lacs. So you only have to pay tax for the exceeding 12,000. Yes, the banks have no way of knowing what kinds of income a customer has, so unless we submit 15G or 15H in your case, they will deduct TDS. But as the total income 3,12,000 is entirely of the FD interests and if all the FDs are in the same branch, it is obvious that the bank will deduct TDS.

You also make sure, if you can use a tax website for filing the returns and filing the refund. For regular cases where the income is below the exemption limit, the filing is simple and you can claim for the refund if the total income is the interest from FDs, but in your case, i am not sure as it exceeded. Try the websites to know if you don't have to visit AO and can get file the refund online.





 

That clarifies everything. Thank you so much. :)

One last query. Is it mandatory for a person below 60 to file returns…even if he falls in the no tax bracket and his annual income is way below Rs 2.5 lakhs?

 

Well, from what i know, it is advisable to file returns even if the income is coming from FD interest, even if it is below the exemption limit because the person might take some loan in the future and the bank might ask for IT returns of a few years. It helps as you have some proof to show to the bank. And it is simple to file returns, if you have all the information, there are many tax websites, you can file online through them if you cannot file by yourself. But if you think your person would not go for any loans, then maybe not but at least keep the bank records, in case you need a loan.


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