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How is income of a Hindu Undivided Family (HUF) taxed?

Meaning of HUF for Tax Purposes

  • A Hindu Undivided Family (HUF) is a separate legal entity for income tax purposes.
  • It consists of individuals who are lineally descended from a common ancestor, including their wives and unmarried daughters.
  • An HUF is recognized as a ‘person’ under Section 2(31) of the Income Tax Act.
  • It must have at least two members and a coparcener to be treated as a taxable unit.
  • HUF status is commonly used to manage joint family wealth and reduce tax liability.

Formation and PAN Requirement

  • An HUF is formed automatically at the time of marriage and birth of children in a Hindu family.
  • It must obtain a Permanent Account Number (PAN) to file income tax returns.
  • A separate bank account and legal identity must be maintained for the HUF.
  • Income earned from ancestral property or received as gifts can be treated as HUF income.
  • A Karta (head of the family) manages the affairs and signs tax documents on behalf of the HUF.

Taxable Income of HUF

  • HUF can earn income under heads such as house property, business, capital gains, and other sources.
  • Salaries received by HUF members in their individual capacity are not treated as HUF income.
  • Rental income from jointly owned family property is treated as HUF income.
  • Business income from ancestral or family-run enterprises can be taxed under the HUF.
  • Capital gains from HUF-held investments are taxed similarly to individuals.

Tax Rates Applicable

  • HUF is taxed at the same slab rates as an individual taxpayer.
  • It is eligible for basic exemption limits, rebate under Section 87A, and surcharges as per income level.
  • HUF is also liable to pay advance tax if tax liability exceeds ₹10,000 in a financial year.
  • Income tax return must be filed using Form ITR-2 or ITR-3, based on the nature of income.
  • Proper books of accounts must be maintained if HUF runs a business.

Deductions and Exemptions Available

  • HUF can claim deductions under Section 80C to 80U, including for LIC premiums, PPF, and tuition fees.
  • HUF can invest in instruments like NSC, ELSS, and fixed deposits in its own name.
  • It can also own insurance policies and property in the name of the HUF.
  • Interest paid on home loans and donations under Section 80G can be claimed by HUF.
  • Effective tax planning through HUF can reduce the overall family tax burden legally.

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