Gift by Kata to HUF

Tax planning 1327 views 12 replies

Hi

Pls let me the provisions applicable for FY 20-21 for the following:-

1. If a Karta gives a gift in cash through bank transfer to his HUF, it is liable to tax?
2. Can a Karta give interest free loan to HUF?
3. Is the income so accrued to the HUF after investing the amount received as gift/loan to HUF clubbed in the hands of the karta?

Relevant sections/ case laws from would help.

Best Regards
Rajiv

Replies (12)
If gift transfer to HUF exceeds 50000 rupees in cash then it is taxable otherwise than cash mode will not be taxable.

Yes karta can give interest free loan to HUF

Yes as per clubbing provisions it is taxable under the hands of transferor
HUF is defined to be within the term of relatives and hence Gift is possible by Karta to his HUF. INCOME thereon will remain in the hands of HUF and taxed too in hands of HUF.
1. not taxable since received from relative.

2. yes he give

3. not clubbed

As per Section 56 (vii), "where an individual or a Hindu undivided family receives, in any previous year, from any person or persons on or after the 1st day of October, 2009 but before the 1st day of April, 2017,......."

Again as per Section 56(x), "where any person receives, in any previous year, from any person or persons on or after the 1st day of April, 2017,—............"

Therefore, the act has specifically removed the words HUF. In this light can gift from karta to HUF in excess of 50,000 still be tax free?

HUF members are all qualify as relatives each other and hence HUF itself is termed as relative and well within definition.
In income tax there are no clubbing provision for HUF and karta.
So Karta can gift any amount to HUF.
SINCE KARTA IS RELATIVE SO THE INCOME WILL BE EXEMPT IN THE HANDS OF HUF.

AND FROM H U F POINT OF VIEW ANY INCOME EARNED FROM THE GIFTED INCOME WILL BE TAXABLE IN THE HANDS OF H U F ONLY.

NO CLUBBING PROVISIONS WILL BE APPLICABLE
1. No
2. Yes
3. Yes

Please let me know under which section the clubbing provision will be attracted. Relevant extract of the Income Tax Act will be very helpful.

 

Sec 60 of Income Tax Act,1961

Sec 60 states "Transfer of income where there is no transfer of assets  "

In case of gift by karta to HUF it is transfer of assets and not transfer of income. So, clearly as per section 60, clubbing is not applicable.

No assets has been transferred , you transfer income as gift is also income.
Clubbing section is 64(2)


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