Clubbing of spouse's income

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NB (Querist)
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08 March 2025 Refer to the below article on clubbing of spouse's income

https://economictimes.indiatimes.com/wealth/tax/income-from-asset-transferred-to-even-your-daughter-in-law-will-be-clubbed-to-your-income-and-will-be-taxable-in-your-hand-in-this-case-says-income-tax-dept/articleshow/118685554.cms

Can colleagues help explain that if gift to spouse (monetary or otherwise) is not taxable, then how can return from such gift in the form of income be clubbed with the giver's income.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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08 March 2025 https://www.financialexpress.com/money/income-tax-bill-2025-what-is-clubbing-of-income-and-how-will-family-income-be-taxed-now-3757170/

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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08 March 2025 https://bcom.institute/income-tax-law-and-practice/clubbing-of-incomes-taxation/

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Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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08 March 2025 https://www.taxmann.com/post/blog/provisions-of-clubbing-of-income-under-income-tax-act-1961/

NB (Querist)
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08 March 2025 Sir, my query is not addressed by the three articles. Understand there is no gift tax on gift to spouse. I gift cash to spouse. She uses those funds to invest in shares, mutual funds and earns income. Will this income be clubbed? If yes, that is the benefit of tax free cash gift.

Dhirajlal Rambhia

Dhirajlal Rambhia (Expert)
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08 March 2025 You have not properly understood clubbing, that is why these articles. The money given to spouse is tax free......... no tax over it.
But to misuse the income distribution by donor, ANY INCOME earned over the capital (GIFT) is taxes in the donor's file. If no income income earned by gift receiver over the gifted capital no tax liability.