Tds for deceased spouse

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

12 May 2016 Hello Experts in this forum,

My father passed away (65 years) on 19 December 2015 and my mother is struggling with lots of paperwork and have no idea how it works.I know that he used to fill 15H for himself and my mom and never filed income tax return.

Please answer my questions-
1. Does my mom's income considered increased from the date of death?
2. Does my mom need to pay TDS on the interest income from 19 Dec onwards or from April onwards since my father already submitted form 15 H for the period April 2015 to March 2016.
3. Does my mother need to file income tax return if her income is more than 3 lac before deductions?
4. Can she still fill 15 H, if her income after deductions is 3 lac or less?
5. Since his tax liability was Nil and income below 3 lac, we don't need to file his income tax right?

Many Thanks!

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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12 May 2016 No doubt it is a problem but every problem has some solution. So first checkup if your father has left any will or not if no will then it the interest income of your father and mother both adding together is above taxable limit then by way of family settlement divide the assets in the name of your mother, yourself, if you are married then also in the name of your wife and if you are Hindu governed by Mitakshara law of Hindu Law then in the name of your HUF. Then place the same before the bank. Bank will transfer the FD of your father and then each person shall file their respective form to avoid deduction of TDS. Let your mother file the return of your father if it is taxable as representaive assessee.

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Amol S Joglekar

Amol S Joglekar (Expert)
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12 May 2016 is it INTESTATE succession? The property of the deceased will go to the people as per will. If will is not made, then Indian succession act will come into play. After the distribution of estate, the income on the proportionate estate shall go to its beneficiaries.... First please concentrate on distribution.

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Querist : Anonymous

Querist : Anonymous (Querist)

12 May 2016 Thanks. My father didn't write a will but included my mother as second person in each investment.

We do not want to take anything from our Mom so everything will be considered her income now.

Please answer all questions one by one in details. thanks but I am so blurr blurr.

Amol S Joglekar

Amol S Joglekar (Expert)
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12 May 2016 that is fine. She can then register herself as REPRESENTTIVE assessee of your father for the income till his death...(Mostly there will be refund in his case)
And for the subsequent period, she is the rightful owner of income and depending upon her taxable status either she can give 15H or allow the eTDS.

Querist : Anonymous

Querist : Anonymous (Querist)

12 May 2016 Amol: Right. Does she need to file income tax for my father even if his liability was nil? His income was below 3 lac before deductions. In fact, they never filed income tax and filled 15H, but this year as her income increased, we have to file income tax.

Amol S Joglekar

Amol S Joglekar (Expert)
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12 May 2016 In that case, she does not have to file her husband's return in representative capacity.
Let her file her return considering the interest actually received by her after the death of her husband.

Rupesh Jain

Rupesh Jain (Expert)
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12 May 2016 your mother can file the return of income tax as legal hire of your father date 19.12.15 income under your father, pan
after that period income will taxable under you mother hand. if interest then you can submit 15G/H form to bank with her name.