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Income tax on housewife

Tax planning 110 views 1 replies

devang123 456

3 Points Joined April 2024

I have unrealised long term capital gain of 5 crores in equities.if i book profit and pay ltcg tax on 5 crores after which i transfer 50%of the realisation to my wife who is a house wife and invest in fixed deposit with her as the primary holder.is the intrest income on that FD taxable under husband ITR or it will be filed in wifes ITR,

also if husband is liable to pay tax on FD intrest earned is the option that before selling my shares i gift 50% of shares to my wife and then sell from her dmat and trading account, and then invest in FD i her name?is it possible to show FD intrest earned in her ITR

Replies (1)

Rama chary Rachakonda

Master in Accounts & high court Advocate

8756 Points Joined December 2011

To address your questions: Taxation of Interest Income

1. *Initial Scenario*: You book profits, pay LTCG tax, and transfer 50% of the realization to your wife, investing in an FD with her as the primary holder. In this case, the interest income from the FD will be taxable in your wife's hands, as she is the primary holder and beneficiary of the FD.

Gifting Shares to Wife 1. *Gifting Shares*: If you gift 50% of the shares to your wife before selling, and she sells them from her Demat and trading account, the capital gains will be taxable in her hands. Subsequently, if she invests in an FD, the interest income will be taxable in her ITR.

Tax Implications and Benefits Gifting shares to your wife can help distribute income and reduce your tax liability.

However, consider the following: -

*Gift Tax*: There is no gift tax in India, but the recipient (your wife) will need to report the gifted shares in her ITR. -

*Capital Gains*: When your wife sells the gifted shares, she will be liable for capital gains tax. -

*Interest Income*: The interest income from the FD invested in your wife's name will be taxable in her hands.

Important Considerations 1. *Tax Planning*: Consult a tax professional to ensure this strategy aligns with your overall tax planning and goals.

2. *Documentation*: Maintain proper documentation, including the gift deed, share transfer documents, and FD investment records.

3. *ITR Filing*: Ensure your wife files her ITR accurately, reporting the gifted shares, capital gains, and interest income. By gifting shares to your wife and investing in an FD in her name, you can distribute income and reduce your tax liability.

However, it's essential to consider the tax implications and maintain proper documentation. Consult a tax professional to ensure compliance with tax regulations.

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