I seek your expert guidance on a specific income-tax issue relating to a proposed Demat and Trading Account for my son, who is a Person with Disability (PwD) suffering from Autism Spectrum Disorder (ASD).
Background: My son Shounak Ghosh is an adult (major) and is on the autism spectrum. Owing to his condition, he is considered of unsound mind and cannot independently operate a trading account. I am his legal guardian and intend to open a Demat and Trading Account in his name, to be operated by me as guardian, in accordance with SEBI guidelines.
I have referred to SEBI’s “FAQ on Account Opening by Persons with Disabilities”, which permits account opening in the name of a PwD with operation by a guardian, subject to KYC and guardianship requirements.
I have also received the following clarification from Zerodha, the broker with whom I am exploring account opening:
“The child is considered an individual taxpayer, and the income from the account will be assessed in his name, subject to standard income tax slabs.”
My specific queries are:
1. In such a case, who will be legally liable for income-tax obligations arising from trading activities:
> the PwD account holder, or
> the legal guardian who operates the account on his behalf?
2. Will the income (capital gains, dividend, interest, etc.) be:
> assessed entirely in the name of the PwD, or
> clubbed with the guardian’s income under any provision of the Income-tax Act?
3. Are there any special provisions, exemptions, or reporting requirements applicable when:
> the account holder is a PwD (autism), and
> the account is operated by a guardian under SEBI-compliant arrangements?
4. From a compliance and future-dispute perspective, is it advisable to:
> file a separate ITR in the PwD’s name, or
> adopt any additional safeguards or declarations?
Your guidance will help me proceed correctly and compliantly before opening the account.