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Minor

Tax queries 779 views 5 replies

Kajal is 16 years old. But she is married to Vijay who is 21 years old. Vijay is businessmen. According to incometax rule, minor's income is taxable to father or mother who ever has got higher income. But kajal is married. So who is taxable to kajal's income?  Kajal herself?  Vijay? Kajal's father or mother whoever has got higher income?

Replies (5)

Dear Nirav,

Language of Sec 64 is clear that Income of a minor child shall be clubbed with the income of the father or mother who hasgot higher income before clubbing...Law has not provided any exception in case of minor married daughter....

yes. income will be clubbed in the hands of parents.

sec 64 clearly states that Income of a minor child shall be clubbed with the income of the father or mother who has higher income before clubbing of any income.No exception for minor married daughter. Therefore, income will be clubbed with the income of either of parents having higher income before clubbing.

Agree with the above views however, Please note further that it also depends on the nature of income. If income earned is from some act of specific knowledge or art then income is taxable in the hands of Minor. Tax return shall be filed by representive assesee which could be her Husband.

Thanks.

Thanks for Reply to you all

 

But supose that if Minor has no parents means  minor in orphan then where will calculate his/her taxable income???????


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