18 July 2024
Yes, the Karta of a Hindu Undivided Family (HUF) can give his personal car on hire to the HUF business. Here's how it typically works:
1. **Business Use:** If the HUF business requires a vehicle for its operations, the Karta can provide his personal car for business purposes. This arrangement is treated as a commercial transaction between the Karta (individual) and the HUF (business entity).
2. **Rental Agreement:** It's advisable to have a formal rental agreement in place between the Karta and the HUF. This agreement should outline the terms of the rental, including the duration, rental amount, conditions of use, maintenance responsibilities, etc.
3. **Tax Implications:** - **Rental Income:** The Karta will earn rental income from the HUF for using the car. This rental income is taxable in the hands of the Karta under the Income Tax Act. - **Expense for HUF:** The rental payments made by the HUF to the Karta are considered an expense for the HUF and can be claimed as a deduction against its business income.
4. **Documentation:** It's important to maintain proper documentation to substantiate the rental arrangement: - Rental agreement between the Karta and the HUF. - Receipts or invoices for rental payments made by the HUF to the Karta. - Records of usage, maintenance, and any other related expenses.
5. **Compliance:** Ensure compliance with all applicable tax laws and regulations regarding rental income and deductions. Any rental income received by the Karta should be disclosed in the Karta's personal income tax return, and the rental expenses claimed by the HUF should be appropriately recorded in its books of accounts.
By following these guidelines and maintaining proper documentation, the Karta of an HUF can effectively use his personal car for the benefit of the HUF business while complying with tax regulations.