Plz advise - poa or stamp paper ?
CA Gaurav Sharda (Free Lancing and Studying) (35 Points)
22 June 2012CA Gaurav Sharda (Free Lancing and Studying) (35 Points)
22 June 2012
Bhavik
(Accountant)
(99 Points)
Replied 14 July 2012
My suggestion to this would be to treat the transfered amount as gift (i.e. incase if the investments are made in his name), as gifts received from relatives attract no tax. now, if the investments were made in the aunts name then it is advisable to open a NRE account and instead of being a joint holder, submit POA to bank so that he can issue cheques and so on. I guess RBI permission is required incase the funds are on repatriable basis. Now, as for the IT scanner, he may be asked to submit proof of income or source of income of aunt for the said amounts, if that is found satifactory then I guess there should be no reason to worry. you must be aware that if the amounts are too huge lying in your clients account then any interest earned will be taxable to him, transfering the said amounts to NRE account will be considered as Gift to your clients aunt. and hence the funds can be repatriated back to his aunt incase the deal doesn't work.
I hope the above can be of some help.
CA M Indani
(Partner)
(345 Points)
Replied 20 July 2012
Mr Bhavik... if you show the said transaction as gift... the amount will be owned by the benefitiary...
You can treat as loan/ advance from relatives...