Gift

Following methods or devices may prove useful in reducing the tax incidence in the case of HUF :

(i) By increasing the number of assessable units through the device of partition of the HUF;

(ii) By creation of separate taxable units of HUF through will in favour of HUF or gift to HUF;

(iii) Through family settlement / arrangement;

(iv) By payment of remuneration to the Karta and other members of the HUF;

(v) By use of loan from HUF to the members of the HUF;

(vi) Through gift by HUF to its members specially to the female members;

(vii) Through other methods / devices;

By gift of movable assets of the HUF to its female members:

The Karta of an HUF cannot gift or alienate HUF property but for legal necessity, for pious purposes or in favour of female members

of the family. Gift of immovable property within reasonable limits, can be made by a Karta to his wife, daughter, daughter-in-law or even to a son out of natural love and affection. Gift of immovable property within reasonable limits can be made only for pious purpose e.g. marriage of a daughter.

Therefore, if the HUF has excess funds or property, then, the Karta can make gift of movable assets to his wife, daughter or daughter-in-law at one go or over a period of time. However, it may be noted that with effect from 1.10.98, the applicability of Gift Tax is no more in force. Therefore, no Gift Tax will be payable by a person making the gift from on or after 1.10.98. However, w.e.f. 1.10.2004 Gift received from other than relatives exceeds

Rs.25,000/- then that amount is liable to Income Tax u/s. 57 of Income Tax Act, 1961. It may be remembered that gift for marriage or maintenance of daughter(s) is not liable to Gift Tax. Further clubbing provisions of sec. 64 would not be applicable if the gift in validly made in accordance with the rules of Hindu Law. Besides, if a gift made to the minor daughter of the Karta is valid then the provisions of sec. 60 of the Income Tax Act would not be attracted. CIT v. G. N. Rao, 173 ITR 593 (AP). Whereby, section 60 relates to transfer of income where there is no transfer of assets.

regards,

ratan