Clubbing of income

806 views 12 replies

Mr. X is a retired person. He receives pension of Rs.2,50,0000 p.a. On retirement he has received Rs. 20,00,000 (Rs. 20 lacs) from his employer, out of which he transfers Rs.  10,00,000 (Rs. 10 lacs) to his spouse by executing gift deed and she invests the same in Fixed Deposit, and earns interest on the same. His spouse does not have any other income other than interest on this FD.

Now my question is, whom this interest on FD will be chargeable to tax ?

1. Taxable to the spouse of Mr. X or

2. Taxable to Mr. X (vide clubbing provision)

 

Replies (12)
this is taxable in hands of spouse of x bcz this income earn by mrs x so not clubbing of interest income to mr. x
Yes it attracts clubbing provisions coz gift by mr.x to mrs.x is only for the purpose of avoiding tax on interest on 10,00,000 by covering that interest in spouse basic exemption limit...
So it should be taxable in the hands of mr.x and not to his wife...

Interest earned on FD shall be taxable in the hands of Mr. X. Make sure he writes a declaration to the bank that TDS deduction to be done on his own PAN number and not on his wifes', so that he may claim tax credit.

it should be taxable in the hands of mr.x and not to his wife...

 

It will be taxable in the hand of Mr. X by clubbing provision.

n I agree with Mihir

Yes it will be Clubbed in the hands of Mr.X

Refer section analysis of section 64 clearly given on this link:https://www.exploreincometax.com/Indian-Income-tax-Act-1961/Section-64

If Mr.x shows that he has given a loan to Mrs.x , then clubbing will not apply and interest on FD will be taxable in hands of Mrs.x .Correct me experts if I am wrong.
The income will be taxable in the hand of mr. X under the clubbing provision. Intention of mr. X is to reduce his tax liability since his wife has no income.
Int on fd will be taxed for mr x.make sure tds is made to mr x only.if mrx spouse invst the interest amt somewhere else than such further invstmnt inc will be taxed for mr x spouse.
This income would be taxable in hand of Mr.x

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