18 March 2013
Sir, I had withdrawn permanent GPF advance for purchase of land six months back but I could not purchase the land till date.I withdrawn the amount of 6 lakhs from my account and gave it to my wife who submitted the amount in her own bank account.My question is, whether the interest earned will be my income or it will be my wife"s income.I am govt servant and my wife is house wife.
01 August 2024
In the scenario where you have withdrawn a Permanent GPF (General Provident Fund) advance for purchasing land but have not yet used it for the intended purpose, and the amount was transferred to your wife’s bank account, here’s how the interest income should be treated:
### **Taxation of Interest Earned**
1. **Interest Income Attribution**: - **Your Account**: Since the GPF advance was withdrawn by you and was intended for your personal use (even though it was not used as planned), the interest income from the deposit should generally be attributed to you. - **Wife's Account**: If the money was transferred to your wife's account, the interest earned on this deposit would typically be considered as income in her hands. However, this is subject to specific rules.
2. **Tax Implications**: - **Interest Earned in Your Wife’s Account**: Even though the money was originally withdrawn by you, if the money was transferred to your wife’s account and she is earning interest on it, that interest income is taxable in her hands. This is because the income is earned on an account held in her name. - **Taxability**: Your wife should report the interest income in her income tax return since it is earned in her bank account. However, if you are providing evidence that the funds belong to you and were merely deposited in your wife’s account, the tax authorities might consider your case for appropriate attribution.
3. **Documentation**: - **Maintain Proof**: Keep records of the transaction details, including the withdrawal of the GPF advance, the transfer of funds to your wife’s account, and any correspondence regarding the intended use of the funds. This can help in case of any tax queries or disputes.
4. **Income Tax Filing**: - **Your Income**: If the interest income is reported under your wife’s name, but you believe it should be attributed to you, you should ensure that you have a clear record of why the interest should be considered as your income. - **Consult a Tax Professional**: It is advisable to consult a tax professional or financial advisor to ensure proper reporting and to understand the best course of action for your specific situation.
### **Summary**
- **Interest Income**: The interest earned on the amount deposited in your wife's bank account is generally considered her income. - **Your Income**: If you believe the interest should be treated as your income, ensure you maintain adequate documentation and consider discussing the matter with a tax professional.
This approach ensures compliance with income tax laws and proper handling of the interest income for tax purposes.