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Tax saving help needed.

Tax queries 469 views 16 replies

A father (45) wants to give 30 lakhs for his son's(23) business as capital. What is the best way to avoid tax legally? In whose hands will the amount be taxed if given as gift? If given as loan?

Replies (16)

Gift from Relative is Exempt from Tax.  If its white money then Father can just gift it to son. No tax is payable and there is no clubbing of income as well. 

1st- Capital receipt by co is not taxable.
2nd- Gift is exempt from tax.
Father giving his money to his son as gift from his taxable income. That means father has already been paid tax on such amount.

How can the father save tax?

Originally posted by : katraj

How can the father save tax?

Both father and son is not taxed. 

Originally posted by : katraj

How can the father save tax?

Income tax is levied on income.

There is no income generation when you gift someone. 

Gift received from father is covered under gift from relative, if gift received from relative even more then Rs 50,000 is not taxable in both the hands. hance tax question not arrise. 

SIR WHAT IS THE PROOF OF THAT ....THAT THE AAMOUNT PAID IS GIFT.....???   IS THERE ANYTHING LIKE GIFT DEED??

yes you have to make a gift deed.

and what about the income from such asset?
transfer of assets w/o consideration..income from such asset shall not be clubbed?

Treatment of money transfer by father:-

if the son do some activity and earn some profit from his own practice then it will be taxable in son's hand.

Eample.

1. if son use the capital in the business then it will be taxable in son's hand.

2. if son deposit in FD then the interest will be clube in the father Hand.

Treatment of money transfer by father:-

if the son do some activity and earn some profit from his own practice then it will be taxable in son's hand.

Eample.

1. if son use the capital in the business then it will be taxable in son's hand.

2. if son deposit in FD then the interest will be clube in the father Hand.

and in case of spouse & son's wife ?

same provision coz both came in definitation of relative.

No provision of clubbing of income shall not apply here and the income from the above asset now will be deemed to be income of the son.


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