Money taken from spouse

Dear sir or madam
kindly help me to clear the confusion

previous year my wife teansfered Rs. 80000 to my minor children account for fd creation & it's created (minor children bank account with me not with wife)
this year I want to transfer (return) the same amount to my wife bank account from my children bank account

what would be best to show as a gift or loan or any other
Replies (8)
Quick Summary
This discussion addresses returning Rs. 80,000 to a spouse after it was transferred to minor children's accounts for an FD. The key issue is how to account for this return – as a gift or loan – and its tax implications. The consensus is that returning the principal is not taxable as it's a loan repayment. However, interest earned on the FD by the minor children is taxable and 'clubbed' with the higher-earning parent's income. If the spouse invests the returned money in stocks, any profits will be considered her income.

If shown as gift, it is exempt as not taxable as given to relative. Even if given on loan it is not taxable as it is not 'income'. 

I want to return to spouse from my children account which was taken previous year
it's mandatory to show in itr
previous year interest earned from given amount
who will show interest income

Since the children are minor, clubbing provisions are applicable. As per explanation to Section 64(1A) of the Income Tax Act, if the marriage of the child's parents subsists, the FD Interest income will be included in the income of that parent whose total income (excluding the FD interest of the minor) is greater.

If the marriage of the child's parents does not subsist, then the FD interest income will be included in the income of that parent who maintains the minor child in the previous year.

and once it is included in the total income of either parent, for further years also the FD interest will be included in the income of that parent only.

Ok, means I have to show in my itr because my income is greater
now I want to return her 80000 which was taken previous year in my children account
what my spouse will show of 80000 this year
and she wants to invest in stock market this amount
profit of the above amount if any earned by her who's income will be counted
it's me or spouse

The Rs. 80000/- which you will return to your wife will not be considered as income as it is just a loan which is returned to her.

The profits from the above amount that she invests in the stock market will be included in her income.

 

Ok thanks sir
just 1 small point
if I m returning her 80000, for this amount I have to pay interest to her or not
can any relative give loan without interest as per income tax

No compulsion to pay interest as it is for personal use and from your savings account.

Ok thanks sir

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