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Huf property transfer

amol bramhankar (artical tranee) (275 Points)

09 March 2025

Good Morning Sir,

Abhishek Malpure here.

I have a query about agricultural income to HUF?

Can karta and members of HUF transfer/gift deed their agri land to HUF? And can HUF earn agricultural income on that land?

OR

As a karta and HUF members can we keep land on our individual name and take agri income to HUF account?

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Rama chary Rachakonda (Master in Accounts & Lawyer email ID:ramachary64@gmail.com voice no:9989324294) (6710 Points)
Replied 09 March 2025

Agricultural income and its taxation can be complex, especially when involving a Hindu Undivided Family (HUF). Transfer of Agricultural Land to HUF: 1. *Gift Deed*: Members of the HUF, including the Karta, can transfer their agricultural land to the HUF through a gift deed. This transfer is exempt from stamp duty and registration charges in many states. 2. *Sale Deed*: Alternatively, members can sell the land to the HUF through a sale deed. However, this may attract stamp duty and capital gains tax implications. Agricultural Income Earned by HUF: 1. *HUF as Separate Entity*: Once the land is transferred to the HUF, it becomes the HUF's property, and the HUF can earn agricultural income from it. 2. *Taxation*: The agricultural income earned by the HUF is exempt from income tax under Section 10(1) of the Income-tax Act, 1961. Individual Ownership and Agricultural Income: 1. *Individual Ownership*: Members of the HUF, including the Karta, can retain individual ownership of the agricultural land. 2. *Agricultural Income*: The agricultural income earned from the individually owned land can be offered to tax in the individual's hands or can be transferred to the HUF's account, but this may have tax implications. Tax Implications: 1. *Clubbing Provisions*: If the agricultural income is transferred to the HUF's account, the income may be clubbed with the individual's income under Section 64(1)(iv) of the Income-tax Act, 1961. 2. *Tax Liability*: The individual may be liable to pay tax on the agricultural income, even if it's transferred to the HUF's account. To ensure accurate interpretation and application of tax laws, it's recommended to consult a tax professional or chartered accountant. They can provide personalized guidance based on your specific situation and help you navigate the complexities of agricultural income taxation.

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amol bramhankar (artical tranee) (275 Points)
Replied 09 March 2025

Can karta and members of HUF transfer/gift deed their agri land to HUF? And can HUF earn agricultural income on that land? In first instance their is no clubbing

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