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Within the Family.

Summary: Investing in your relatives' name may not always help you escape the tax net.

Buying an insurance policy in the name of your spouse or opening a fixed deposit in your child's name could be a genuinely emotional act. It could also be an attempt to save tax.

People often invest in relatives' name to save tax. Let's use an example to understand how one can transfer assets to someone within the family and save tax on income from those assets.

Mr Mukherjee, an advertising professional, sells a property owned by him and uses the money to open fixed deposits in his daughter and wife's name.

Mrs Mukherjee is a homemaker while the daughter is a trainee in a communications company Communications Company is a communications unit of the United States Marine Corps. They are part of Combat Logistics Regiment 37 , 3rd Marine Logistics Group (3MLG) and III Marine Expeditionary Force (III MEF). The unit is based out of the Marine Corps Base Camp Smedley D. . The daughter earns less than Rs 2 lakh lakh
Noun

(in India) 100 000, esp. referring to this sum of rupees [Hindi lākh]

Noun 1. lakh - the cardinal number that is the fifth power of ten
100000, hundred thousand
 a year and is out of the tax net. Mr Mukherjee is in the 30% tax slab. Can he escape paying tax on interest from these deposits? Not really.

The interest earned by Mr Mukherjee's wife will be clubbed with his income and taxed according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 his income slab. However, the interest earned by the daughter will not be taxed in his hands.

Tapati Ghose, Partner, Deloitte Haskins & Sells, says, "Such gifts in excess of Rs 50,000 without consideration are generally taxed as income from other sources. However, tax laws make an exception in certain situations such as if the transfer is from a relative, under a will, inheritance or on occasion of marriage etc. While the gift to the daughter will not be taxed, the interest earned will be included in her income."

WAYS & MEANS

Most savings instruments allow investment in the name of spouse, children or parents, but with some restrictions. It is common to open a fixed deposit or buy insurance in the name of spouse or minor children. One can even open a Public Provident Fund Provident Fund may refer to:
  • The Public Provident Fund or Employees Provident Fund Organisation of India, India's retirement plan.
  • The Mandatory Provident Fund, Hong Kong's retirement plan.
  • The Central Provident Fund, Singapore's retirement plan.
 (PPF PPF Plasma protein fraction, see there ) account or buy stocks in the name of spouse or children.

This can be done in two ways. One is joint holding, the first holder being the person in whose name you want to invest, or by transferring the amount/asset to the person who will make the investment. The person in whose name the investment is made (except minors) must comply with the know-your-customer (KYC KYC Know Your Customer
KYC Know Your Client
) norms.

In joint holding, the person whose name appears in the application first must comply with the KYC norms. All correspondence will be addressed to him/her. Even cheques/drafts will be drawn in his/her name.

In case of minors, the person making the investment should comply with the KYC norms. Under KYC norms, a person has to furnish identity/address proofs and the Permanent Account Number issued by the income tax department.

CLUBBING OF INCOME

Any transfer of assets to close relatives (parent, spouse, sibling, lineal That which comes in a line, particularly a direct line, as from parent to child or grandparent to grandchild.


LINEAL. That which comes in a line. Lineal consanguinity is that which subsists between persons, one of whom is descended in a direct line from the other.
 ascendant/descendant) is not taxed.

Many people use this rule to transfer assets to others who are either in a lower tax bracket Tax Bracket

The rate at which an individual is taxed due to a particular income level.

Notes:
Each income class is taxed at a different level. Generally, the more you make the more you are taxed.
 or do not pay tax at all and save tax on income from these assets.

To check this, Section 64 of the Income Tax Act contains clubbing provisions as per which any income from investment made or assets purchased in the name of close relatives (spouse, minor child or daughter-in-law) is clubbed with the income of the person making the investment and taxed accordingly .

This applies to all types of investments such as shares, fixed deposits, land, building, post office savings and mutual funds.

Further, income from assets transferred directly or indirectly other than for adequate consideration to a person or association of persons who may benefit the individual's spouse or son's wife is also clubbed with the transferer's earnings.

So, if a person opens a fixed deposit in his wife or minor child's name, the interest earned will be clubbed with his income. Also, if a person buys a property in the name of his wife, who has not contributed any money, the rental income will be clubbed with his income.

However, if the spouse/relative has a source of income and has bought the asset through his/her own funds, the income will be taxed in his/her hands.

If the property is bought from funds contributed equally by both husband and wife, and is held jointly, the rental income will be split and taxed separately.

Even in case of minor child, "if the income is from the child's own skills, manual work, etc, such income will be directly taxed in the hands of the child. All other income will be clubbed in the parent's hands. The parent may claim an exemption of Rs 1,500 per minor child if the clubbing provisions come into play," says Ghose.

ALTERNATIVE WAYS

Despite the clubbing provisions, one can save tax legally by transferring assets to his/her spouse, parents or other relatives.

If a person is in the higher tax bracket than his wife, he can transfer a certain sum to his wife in exchange for her jewellery. She can open a fixed deposit so that the interest is taxed in her hands at a lower rate.

Similarly, if you transfer a house in your wife's name in exchange for her jewellery, the rental income will not be taxed in your hands.

Further, earnings from gift/transfer of an amount to a child who is not a minor will be taxed in the hands of the transferee. This is because the clubbing provisions will not be applicable in such cases.

Since the clubbing provisions do not apply to transfer of assets to parents or siblings, income from gratuitous payments to/investments in the name of parents for their maintenance can have an added advantage if the latter are in a lower tax slab.

THIRD-PARTY INVESTMENTS & I-T DEDUCTIONS

Under Section 80 C and Section 80 D of the Income Tax Act, investments in approved savings tools are eligible for income tax deduction Tax deduction

An expense that a taxpayer is allowed to deduct from taxable income.


tax deduction

See deduction.
.

While not all instruments allow tax deduction on investment in other's name, your contributions towards PPF, life insurance in your spouse/child's name and health insurance in your parents' name are eligible for income tax deduction.

"Investments made by an individual for his/her spouse or children are eligible for deduction if they are into life insurance and PPF," says Sreenivasulu Reddy, senior tax professional, Ernst & Young.

One can put money in PPF or Senior Citizens Savings Scheme (SCSS SCSS Senior Citizen Savings Scheme (India)
SCSS Star Cruises Ship Simulator
SCSS Submarine Communications Support System
SCSS Swiss Cottage Secondary School
SCSS Service Center Support System
SCSS Story Classic Surveillance System
) in the name of spouse/parents and earn tax-free returns. If you have exhausted the Rs 1 lakh limit under PPF, you can gift money to spouse, parents, adult children or siblings, who can invest it in PPF. Though you won't be eligible for deduction in such cases, your money will earn a tax-free return of over 8% a year.

You can transfer surplus to your parents (above 60 years), who can in turn invest the same in SCSS, which is at present giving 9.3% annual return. Again, you cannot claim income tax deduction as this investment it is not in your name. But you can earn over 9% tax-free interest.

TREAD WITH CAUTION

If you are resorting to roundabout ways to save tax, be careful not to rub law the wrong way. The government has upped the ante against transactions intended at avoiding tax.

Nitin Baijal, director, BMR BMR basal metabolic rate.

BMR
abbr.
basal metabolic rate


BMR,
n See basal metabolic rate.


BMR

basal metabolic rate.
 Advisor, says, "When you transfer money to someone in the lower tax bracket, you are essentially trying to avoid tax, and with all the talk on anti-avoidance, one should be careful while resorting to unlawful methods."

Reproduced From Money Today. Copyright July 2012. LMIL LMIL London Market Information Link . All rights reserved.

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Publication:Money Today (New Delhi, India)
Date:Jul 1, 2012
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