Transfer of property to HUF
Amit Khatri (29 Points)
25 July 2019
What is the tax implication of transfer of property to my HUF?
2 Replies
Suresh Thiyagarajan
(Student)
(3986 Points)
Replied 26 July 2019
1. As per sec 64(2) transfer of a property to HUF will not be subject to tax capital gains tax and hence any income arising out of such income will be subject to tax in the hands of the transferor.
2. This also includes partial partition. Let's say an individual transfers a house property to the HUF. Any income arising out of such house property will be taxable in the hands of the Individual.
3. For the above purpose member of a HUF will be considered as relative of HUF and subsequently, the transfer of property to a relative will not be covered as HUF.
refer case law Subodh Gupta (HUF) Vs Pr CIT (ITAT Delhi) for the purpose of the meaning of relative in the status of HUF.
4. Hence, at the time of sale of such property, it will be charged to tax in the hands of the transferor (IND).
Please correct me if the interpretation has an alternative view.
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