Gift received by HUF

Others 7991 views 15 replies
Sir,
I have a query relating to Gift received by HUF.

The query is whether an HUF can received gift from its members. Please do mention the ways in which an HUF can receive gift.

Thanks



Replies (15)
IF HUF RECEIVES GIFT, IT IS TREATED AS INCOME. NON-TAXABLE GIFT CAN BE RECEIVED ONLY FROM RELATIVES. AS HUF IS NOT A NATURAL PERSON, MEMBERS OF HUF ARE NOT ITS RELATIVES.
HUF can receive gifts.It is a different issue that the gift received is taxable in the hands of the HUF . Care should be taken while drafting the gift deed. The gift deed should clearly mention the fact that the gift is to the HUF and to the karta in his individual capacity.Further if the donor is member of the HUF it may amount to throwing into the common hotch potch of the HUF , attracting clubbing provisions.
If an Individual recevies gift from any of the realtive on his/her birthday. then what are the provisions in Income tax act which will attract that gift. and is that gift will be tax free for both of thje person or not
It is wise ,not to take gifts in name of HUF as the same will be added in income.
What if the donor is father of Karta. In that case he is relative of all the members (coparceners)? Is the gift taxable in the hands of HUF even in this case.

Is gift received by HUF from its karta taxable?

 

hi,

I am sorry for putting a question instead of replying .

my question what is the legal procedure for distributing huf funds like bank balance to its member.

no 2 if huf give gifts to its member is this right or wroung as  per income tax.

Thanks with regard for all of u guys.

 

Please let me know, how can i increase the capital of my HUF without doing business, i.e. can i take gifts from members of my HUF (if yes whether it is taxable), also can i take gifts from my non blood uncle (if yes whether it is taxable). Please relpy me on jineshwar @ rediffmail.com

Please let me know, how can i increase the capital of my HUF without doing business, i.e. can i take gifts from members of my HUF (if yes whether it is taxable), also can i take gifts from my non blood uncle (if yes whether it is taxable). Please relpy me on jineshwar @ rediffmail.com

Please let me know, how can i increase the capital of my HUF without doing business, i.e. can i take gifts from members of my HUF (if yes whether it is taxable), also can i take gifts from my non blood uncle (if yes whether it is taxable). Please relpy me on jineshwar @ rediffmail.com

If u want to increase the capital of huf you can takeloan from some person or loan from the relative. you can also opt for gift from person(exempt upto Rs.50,000).

In my opinion instead of taking a gift (upto Rs 50000 is permitted from relatives) you could take a loan from a bank. In circustances where loan is not offerred by the bank to a huf you could lien Fixed deposits to a bank in individual names and take an OD facility in the name of the HUF upto 95% of the FD amount. The intt charges on the OD could be deducted from taxable income considering the OD funds are being used to generate the income.

Originally posted by :bishan singh negi
"

 

hi,

I am sorry for putting a question instead of replying .

my question what is the legal procedure for distributing huf funds like bank balance to its member.

no 2 if huf give gifts to its member is this right or wroung as  per income tax.

Thanks with regard for all of u guys.

 

As for distributing HUF funds..... Are ur dissolving HUF??? in case ur closing HUF then there are Legalities in it... if the HUF is on going then funds given by HUF to any will be treated as Loan given...

 

"

I my opinion HUF is a seperate identity and is not related to any of its co-parcenors in their individual capacity hence gifts either ways must be limited to Rs 50000 per year and if more than Rs 50000 is gifted in a  financial year,  then the entire amount must be shown as a loan which must have a reasonable rate of interest attached to it and the interest payout can be considered as a legitimate expense for the Lendee and is a legitimate income for the lender.

To your query regarding distribution of HUF funds, I feel all co parcenors including Karta have an equal share in the asset base of a HUF since funds that flow into a HUF at formation (in the form of  gifts/propert from lineal ancestors)  are for the benefit of a family unit in its entirety and all co parcenors have an equal claim. HUF can be dissolved in case the assets dry up however it serves as a great tax saving tool and one must continue to utilize it to save taxes. 


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