Tax implications if a minor turns 18 years in feb. 2014

Tax queries 1015 views 4 replies

A relative turns 18 years on February 3, 2014. Can he file IT Returns for the AY 2014-2015 (FY 2013-2014) as a major for the full financial year 2013-14 or only for the period 3/2/2014 to 31/3/2014?

Kindly advise if the income of the financial year 2013-2014 has to be split into two categories:

  1. the income that arises during the period upto 2/2/2014 when he was a minor and this income has to be clubbed with the income of the parent;
  2. the income that arises from 3/2/2014 to 31/3/2014 which will be his income as a resident individual (not to be clubbed with the income of the parent).

In the case of a person turning 60 even in February 2014, he will be considered a senior citizen for the full financial year 2013-2014. So, if a child becomes a “major” in February 2014, will he not be a “major” for the full financial year 2013-2014? In this case, there will be significant tax saving as clubbing provisions will not be applicable and the total income will be split into two – that of the parent and that of the son. I will appreciate your opinion alongwith a reference to the applicable section of the Income Tax Act. Thanks.

 

Replies (4)

Hi Kapil,

 

Logic of senior citizen will not be applicable here. If you read Sec 64 of I Tax Act entirely, you will not find any provision relating to your query.

 

So, answers to your questions are as follows :-

1) YES, income of FY 2013-14 has to be split in two categories. Clubbing will be done of income upto 02.02.14. 

2) Thereafter, income will be considered as income of assessee (minor who turned major now).

 

Other views are welcome.

Originally posted by : Yogesh Shah
Hi Kapil,

 

Logic of senior citizen will not be applicable here. If you read Sec 64 of I Tax Act entirely, you will not find any provision relating to your query.

 

So, answers to your questions are as follows :-

1) YES, income of FY 2013-14 has to be split in two categories. Clubbing will be done of income upto 02.02.14. 

2) Thereafter, income will be considered as income of assessee (minor who turned major now).

 

Other views are welcome.

Dear Yogesh Shah,  I need your advice. Since my relative turns 18 years on February 3, 2014, it will be almost impossible to segregate the income that he will earn in 2 months - from February 3 to March 31, 2014! Isn't it prudent/ practical that for AY 2014-15 (Financial Year 2013-14), his income for the entire financial year is clubbed with his parent's income and hence he does not file IT Return for AY 2014-15. In AY 2015-16 (Financial Year 2014-15), he will be a "major" for the entire 12 months from 1st April 2014 to 31st March 2015 and he can file IT Return then....it will be simpler as then there will be zero clubbing. What's your opinion? Thanks.

 

Hi Kapil,

 

Sorry for late reply (was offline since a lonnnng while). Yes, your thinking / (say) planning is practical. If its not possible to segregate the income between above two parts, then its OK to club entire income for AY 14-15 (provided its indeed impossible and not just as per your thinking).

And then for AY 15-16, you can file his normal ITR by treating him 'major'.

 

Hi Yogesh, well noted. Many thanks!


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