Majority status
This query is : Open
04 June 2012
An individual becomes a major on 9.1.2013 (i.e. in F.Y.2012-13). Till F.Y.2011-12,the minor's income was clubbed with her father's income.
The queries :
1) Just as an individual is considered to be a senior citizen for a F.Y. if she completes 60 years of age anytime during the F.Y.,would the minor also be considered as an independent resident assessee for F.Y. 2012-13? If so,does it mean that a separate I.T.Return will have to be filed for her during F.Y.2012-13 incorporating the ENTIRE income earned by her during the year(including the period from 1.4.2012 to 8.1.2013 when she was a minor)?
2) Or is it that the minor will be considered a major only from 9.1.2013 and hence all her incomes from 1.4.2012 to 8.1.2013 will have to be clubbed with that of her father for F.Y.2012-13?
Thanks for your help.
The queries :
1) Just as an individual is considered to be a senior citizen for a F.Y. if she completes 60 years of age anytime during the F.Y.,would the minor also be considered as an independent resident assessee for F.Y. 2012-13? If so,does it mean that a separate I.T.Return will have to be filed for her during F.Y.2012-13 incorporating the ENTIRE income earned by her during the year(including the period from 1.4.2012 to 8.1.2013 when she was a minor)?
2) Or is it that the minor will be considered a major only from 9.1.2013 and hence all her incomes from 1.4.2012 to 8.1.2013 will have to be clubbed with that of her father for F.Y.2012-13?
Thanks for your help.
05 June 2012
The income upto the date the minor becomes major shall be clubbed in the hands of the parents and the income shall be taxable in the hands of the child when he attains majority.
05 June 2012
Thank you,Siddhartha,for the response.So does it mean that the treatment for the change from a)Minor to Major and b)General Citizen to Senior citizen are different?(In case of the latter if a person becomes a senior citizen anytime during a F.Y.,he is considered to be a senior Citizen for that year). Could you please clarify my doubt?
05 June 2012
Yes the treatment is different.
1. The tax rates prescribed use the word "at any time during the previous year". That is why benefits to senior citizen & super citizen are applicable for the whole year and not for part of the year.
2. In case of minor, the income of such minor upto the date of his attaining majority is to be clubbed with the income of his parents and shall be taxable in his own hands thereafter.
1. The tax rates prescribed use the word "at any time during the previous year". That is why benefits to senior citizen & super citizen are applicable for the whole year and not for part of the year.
2. In case of minor, the income of such minor upto the date of his attaining majority is to be clubbed with the income of his parents and shall be taxable in his own hands thereafter.
05 June 2012
Thank you so much for the quick response and the clarification.
05 June 2012
You are welcome. you should use the thanks button to convey your thanks.
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