30 December 2012
KEY POINTS IN CREATION OF HUF AND FORMAT OF DEED FOR CREATION OF HUF
1. Under the Income Tax Act, an HUF is a separate entity for the purpose of income tax return.
2. The same tax slabs are applicable to HUF as to individual assessee.
3. You can not transfer your own assets/money into HUF.
4. If you have ancestral property and earning some income from this property, then it is better to transfer this asset to HUF and save tax up to exemption limit applicable to individual.
5. You can transfer the money received on sale of ancestral property /assets into your HUF.
6. The income from property of HUF can be further invested in instruments such as shares, mutual funds, etc. and will be assessed under HUF.
7. Existence of property or multiple members is not a pre-requisite to create HUF. A family which does not own any property may still have the character of Hindu joint family. This jointness is understood in terms of faith and food. This is because as a Hindu is born as a member of the joint family.
8. Any gifts received by the members of HUF (birthday, marriage, etc.) can be treated as assets of HUF.
9. The HUF is taxable as separate person under income tax hence one can save tax from basic exemption of Rs. 1.5 lakh. HUF will also gain from the tax slab structure of computing income tax.
10. Apart from basic exemption of Rs. 2 lakh, section 80C deduction up to Rs.1 lakh is also available.
11. For example, if you are in 30% tax bracket, then approx tax saving by creating an HUF will be as follows:
Basic exemption up to Rs. 2,00,000 = nil Rs. 2,00,000-5,00,000 @10% = Rs. 30,000 Rs. 5,00,000-10,00,000 @20% = Rs. 1,00,000 80C deductions Rs. 1,00,000 Therefore total tax payable for HUF on income of Rs. 5,00,000 is only Rs. 30,000. If this income of Rs. 5,00,000 is taxed in individual hand @ 30% tax due is Rs. 1,50,000. Hence, you can save a total of Rs. 1,15,000 by creating an HUF and transferring ancestral property income and other income under HUF.
12. We should also keep in mins the latest amendment vide Finance Bill 2012 by which it proposed to tax all unexplained Income in Return of Income @ 30% without giving basic Exemption limit from A.Y. 2012-13
30 December 2012
DECLARATION I,V.R.Deshmukh Residing at____________________ declare- 1. That I am Karta of V.R.Deshmukh(HUF)
1. That I received _____ bighas of agricultural land as ancestral property from my FATHER Late _______________on dt. ____________ on my father’s demise on dt. _____________ at ______________ District,___________ in the state of Madhya Pradesh ).This formed the corpus of the HUF.
1. That the HUF at present is consisting of the followings members- I) Shri __________________________ , Adult, Residing at ____________________________________ II) Smt. __________________________ , Adult, Residing at ____________________________________ III) Shri __________________________ , Adult, Residing at Peerland,Housten Tx (USA) IV) Smt. __________________________ , Adult, Residing at Peerland,Housten Tx (USA) V) Ku._______D/O ___________,Minor, Residing at Peerland,Housten Tx (USA)
1. That the above statements are true to the best of my knowledge & belief. Declare this on _________________
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