Huf creation queries

Tax planning 18347 views 17 replies

Hello,

 

I am creating a HUF for saving tax.

 

I am in Maharashtra / Mumbai.

 

I have following queries:

  1. What should be stamp paper value for HUF deed? Rs.10 or 100?
  2. What should be stamp paper value for Gift deed? Rs. 10 or 100?
  3. Does HUF deed need to be notarized or signed by magistrate or just stamp paper is enough?
  4. For PAN card, should Affidavit of HUF need to be notarized or signed by magistrate? It is not mentioned on NSDL website. (They have just mentioned affidavit needed)
  5. Recently Maharashtra government declared no stamp duty needed for Affidavit? Is declaration valid for "Affidavit of HUF"?
  6. Lastly I do not have kids yet, so HUF members are just me and my wife. Can I still claim tax benefit by HUF? I asked my CA and he said I can claim tax benefit but some reports online say that I need atleast son or daughter to claim benefit otherwise income will be treated as my personal income.

 

So please advice. Thanks in advance.

Replies (17)

Anyone who has answers?

Dear Amish,

 

1 &2 . Stampt Paper of Rs. 100/- is required.

3. Just stamp paper is needed and also Seal in the name of Karta is required. It should not be notarised.

4. A HUF need consist of 2 male members. 1 male member is enough. e.g. Husband and wife may form HUF. Yes you can get tax benefits.

Thanks for the answers. I suppose you mean "HUF need NOT consiste of 2 male members"

 

Also I would like to update about my  point no. 4... I called NSDL and they said "Affidavit for HUF" need to be notarised.

 

Anyone know answer to my point no. 5?

Dear Amish,

 

See the attached file for your clarification.

My client got his PAN without notarising.

 

Stamp duty not required.

 

Hope the attached file help you.

Thank you very much for sharing the format.

 

So I can simply file affidavit on A4 size paper without 100Rs stamp and without notarizing.

 

It would be great if one more person confirm this? So I can proceed.

 

Thank you.

Dear Amish,

I hope you must have created HU, obtained PAN Card and opened bank account.

Pl guide how you did it.

Thanks.

 

 

For PAN just fill up PAN application form. Tick HUF in that.

Create affidavit as per format given above.

Send PAN form with affidavit and proof documents to PAN service center

You should get PAN in 10-15 days.

I have not opened bank account yet.

But now a days all banks have sales people who can come to your home and help you.

So opening bank account after u get PAN should not be tough. Bank may ask you for declaration from all members of HUF.

Dear Amish,

1. The affidavit should be on Rs 100 stamp paper or else ?

2. is stamp of karta is required on affidavit ?

3. What should be the format of Karta's stamp ?

Thanks.

Yes I did it on 100Rs stamp paper.

No I did not put stamp of Karta

But bank will need rectangular stamp.

Format of stamp that I have seen is

For example:

Ram Dasrath Raghuvanshi (HUF)

<SPACE FOR SIGNATURE>

Karta of HUF

Is the Original Affidavit supposed to be sent or just a self attested photocopy ?
I am planning to get the Affidavit on 100 rupee stamp paper and also get it notarized (just in case).
I have not made any huf deed / gift deed - just getting the affidavit (which states member name , address , etc) printed on a stamp paper and getting it notarized.
Please guide.
Aditya Parakh

ADITYA , I AM DOING THE SAME. DID YOU GET HUF PAN?

Hi, I am from Bengaluru and even I am creating HUF having 2 members.

I have a few questions - 

  1. Do I need to get HUF Deed? Or just Affidavit is enough?
  2. What amount stamp paper to use for Deed and for Affidavit?
  3. Do I need to get the Deed or Affidavit notarized?

I have a few questions - 

  1. Do I need to get HUF Deed? Or just Affidavit is enough?
  2. What amount stamp paper to use for Deed and for Affidavit?
  3. Do I need to get the Deed or Affidavit notarized?


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