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Can huf have foreign members?

Tax planning 1320 views 3 replies

The minor children of Hindu couple are foreign born and hold foreign passport. Both the parents are Indian citizens. If the parents form HUF, can the minor children with foreign passport be members of the HUF? If yes, any special procedure to be followed while forming the HUF? Any other relevant fact or consequences in this situation? In another case, one child is Indian and one is foreign born.

Replies (3)

to my mind a minor who live in foreign can be a member of HUF 

the basic test is a

  • family where all the members follow the karta and
  • family is undivided 
  • income is undivided
  • property is undivided

 

but others view are also desirable

The minors are foreign citizens but they live in India with parents.

i think it does not make any difference.


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