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Generally a person is taxed in respect of his own income. But sometimes he or she may be taxed in respect of income which belongs to someone else ex:Income of a minor child is taxable in the hands of his parents. This is called as Clubbing of Income. In this article we shall talk about Clubbing of Income.

Scenarios of Clubbing of Income

People think if they transfer their money or assets to family members (such as spouse/minro child) then they would be able to avoid the tax. To counteract such practices of Tax Avoidance necessary provisions have been incoroprated in the Section 60 to 64 of the Income Tax Act. Let’s take some examples

Mr Aryan Sharma opens a fixed deposit in the name of his wife, Anjali, who is not earning anything otherwise. Logic being that since his wife doesn’t have any income, interest earned on such money would be below taxable limit and therefore, she won’t have to pay any tax on such an income. In a scenario like this, interest earned from the fixed deposit will be taxed in the hands of Aryan and not Anjali.

Another example: Mr Rahul Seth buys a house in the name of his wife Hiral and then lets out the property on rent. The rental income in name of Hiral is still taxable in the hands of Rahul.

Income Tax Laws on Clubbing of Income

Inclusion of other’s incomes in the income of assessee is called Clubbing of Income and the income which is so included is called Deemed income. Please note that Clubbing criteria is applied only for individuals It is as per the provisions contained in Section 60 to 64 of the Income Tax Act

  • Section 60 Transfer of Income where there is no transfer of assets.
  • Section 61 Revocable transfer of assets.
  • Section 62 Transfer irrevocable for a specified period.
  • Section 63 Transfer and Revocable Transfer Defined.
  • Section 64 Income of individual to include Income of Spouse, Minor Child, etc.

Definitions

Some definitions related to clubbing of income are.

Transferor : The person who transfers any of his belongings, specifically his assets/income to another person is known as Transferor.

Transferee : The person to whom the transferor transfers his / her assets is known as transferee.

Revocable : The right to reacquire or take back anything legally which was given earlier under an agreement or settlement.

Minor : A person who is below the age at which he or she legally becomes an adult. In India at present a person becomes adult at the age of 18 years.

Transfer of Income without Transfer of Asset :Section 60

Section 60 of Income Tax Act is applicable when there is Transfer of Income without Transfer of Asset  if following conditions are satisfied

  • The taxpayer owns an asset
  • The ownership of asset is not transferred by him.
  • The income from the asset is transferred to any person under a settlement, or agreement.

If the above conditions are satisfied, the income from the asset would be taxable in the hands of the transferor.

Ex: Mr A owns Debentures worth Rs 1,000,000 of XYZ Ltd., (annual) interest being Rs. 100,000. He transfers interest income to Mr S, his friend without transferring the ownership of these debentures. Although  interest of Rs. 100,000 is received by Mr.S , it is taxable in the hands of A as per Section 60

Revocable Transfer of Assets: Sec 61, Section 62

Revocable transfer means the transferor of asset assumes a right to re-acquire asset or income from such an asset, either whole or in parts at any time in future, during the lifetime of transferee. It also includes a transfer which gives a right to re-assume power of the income from asset or asset during the lifetime of transferee.

Income of Spouse is Renumeration

Salary, commission, fees, etc received by spouse will be considered as income of individual under Section 64(1) (ii)  when

  • The individual has a substantial interest in such a concern. Substantial interest is if he /she (individually or along with his relatives) beneficially holds equity shares carrying not less than 20 per cent voting power in the case of a company or is entitled to not less than 20 percent of the profits in the case of a concern other than a company at any time during the previous year.
  • Spouse is employed by the firm/concern.
  • The remuneration paid to the spouse is not due to technical or professional knowledge of the spouse.

Let’s see through an example

Clubbing of income as spouse is not qualified

Clubbing of income as spouse is not qualified

No Clubbing of income as spouse is qualified

No Clubbing of income as spouse is qualified

Where Husband & Wife both have substantial interest in a concern & they are also in receipt of Salary from such concern then such salary will be clubbed in the income of either Husband or Wife who has higher income excluding remuneration.

Income from Assets Transferred to Spouse

When an Individual is assessed in respect of Income from assets transferred to Spouse  under Section 64(1)(iv) of Income Tax Act

  • The taxpayer is an Individual.
  • The Taxpayer has directly or indirectly transferred an asset to his/ her Spouse. (Other than a House Property)
  • The asset is transferred without Adequate Consideration (other than a case of an agreement to live apart.) The word Adequate Consideration here means any Monetary Consideration. Natural love & affection may be an adequate consideration from the transferor’s view point but such instance would still be considered as a transfer without Adequate Consideration.
  • The asset may be held by the Transferee (Spouse) in the same/ altered form after the transfer.

If the above conditions are satisfied then Income from such asset will be taxable in the hands of the transferor.

Even when the asset is transferred to a Person or an Association of Persons for the Present or Future benefit of the Spouse income is taxable in the hands of Transferor under Section 64(1) (vii) of Income Tax Act:

House Property: The asset definition specifically excludes House Property from it’s purview considering the fact that on satisfaction of the above mentioned conditions on a house property transfer the transferor would considered to be the ‘deemed owner’ of the property and income from same would be taxed in hands of transferor.

In case of transfer of House property by the transferee, Capital Gains will first be calculated in the hands of transferee, and then clubbed into the taxable income of the Transferor under head Capital Gains.

Income from Assets transferred to Son’s wife

  • The taxpayer is an Individual.
  • The asset is transferred without Adequate Consideration.
  • The asset may be held by the Transferee (Spouse) in the same/ altered form after the transfer.
  • The Transfer may be Direct or Indirect.

Section 64(1) (vi) : He/ She has transferred an asset after May 31st’ 1973 to his/ her Sons’ Wife

Section 64(1) (viii) :The asset is transferred to a Person or an Association of Persons.It is transferred for the Present or Future benefit of the Son’s wife .

If the above conditions are satisfied then Income from such asset will be taxable in the hands of the transferor.

Example:Mr. X transferred an asset worth Rs. 15, 00,000/- to his Elder sons’ wife without any consideration, income earned from such asset will be taxable in the hands of Mr. X.

Tax Clubbing rules do not apply when transfer of assets happens  before Marriage even though income is accrued after marriage.

Income of Minor Child

All income which arises or accrues to the minor child, before his/her attainment of 18 years of age,  shall be clubbed in the income of his parent under Section 64(1A) of the Income Tax Act. Child herein includes both Step child as well as Adopted child.

  • Between the two parents Minor’s income would be included with father/mother whose total income (excluding Minor’s income) is greater. However, in case parents are separated, the income of minor will be included in the income of that parent who maintains the minor child in the relevant previous year.
  • Once clubbing of income is done with one parent it will be included in the income of that parent only in subsequent years. Assessing officer may club income with other parent, if after giving the other parent an opportunity to be heard, he is satisfied that it is necessary to do so.
  • Where child attains majority during the previous year part of the income earned by the child during his minor stage shall be clubbed in the hands of the Parent.
  • If both the Parents of the minor child are not alive and such minor is maintained by a guardian, then guardian of the minor child should file a return of income on behalf of the minor. In no case will the income be clubbed in the hands of the Guardian.
  • Non-Taxability : Income derived by the child from Manual work or any activity involving his skill/talent will not be clubbed or Income of a Minor Child  (from all sources)  suffering from any disability specified under section 80U.
  • Exemption: An individual shall be entitled to exemption of Rs. 1,500 per annum(p.a.) in respect of each minor child if the income of such minor as included under section 64 (1A) exceeds that amount. However if the income of any minor child is less than Rs. 1,500 p.a. the aforesaid exemption shall be restricted to the income so included in the total income of the individual.
Clubbing of Minor child income

Clubbing of Minor child income

Clubbing of income of a Hindu Undivided Family (HUF)

The clubbing provision applies when you transfer a self acquired property to your HUF without charging anything (that is, gift it) or while charging a rate below the market rate. In such a case, income from such an asset would be included in your income for the calculation of income tax, and not included in the income of the HUF. It comes under section 64(2) of of Income Tax Act. Economic Times: Hindu Undivided Family covers tax planning for HUF in detail.

Transfers include Indirect transfer

If two or more transfers are inter-connected and are parts of same transaction, clubbing rules apply.

Ex: Mr Anand Sharma gifts Rs 10,000 to Anita and Anita  gifts Rs 10,000 to Mrs Anand Sharma. This would be an indirect transfer and would be considered as gift from Mr Anand Sharma to Mrs Anand Sharma.

Income earned from the income earned is not clubbed

Let’s say you invest Rs. 10 Lakhs in your wife’s name, and the interest earned on it is Rs. 1,00,000, this would be added to your income for the computation of income tax.

However, when your wife invests this Rs. 1,00,000 in another FD and earns Rs.20,000 as interest on it, this is considered to be her own income, and is not clubbed with your income. This is called as “compounded income

Negative income can also be clubbed

If there is a negative income i.e loss that is also considered while clubbing. For ex: Ravinder Singh gifts Rs 1,00,000 (1 lakh) to his wife to set up a business. Mrs Ravinder Singh has a loss of Rs 40,000 then the loss would be included in the income of X.

Head of Income for clubbed income

As explained in Income Tax Overview, income can be from Salary , from House Property, from Profits and Gains of Business or Profession, from Income from Capital Gains and Income from other Sources. The income will be clubbed in the same head from which it is earned. If income is earned from investing in Fixed Deposits it will come in category of  Income from Other Sources, if income is earned from sale of house it will come under the Head of Income from Capital Gains.

How to prevent Clubbing of Income

Plan ahead and gift before the wedding: Since clubbing applies only when the other person is your wife or daughter-in-law, you can plan a little ahead and smartly gift assets before the marriage!  The gifts, if any, received at the time of the marriage occasion should be from such relatives other than from her husband, mother-in-law or father-in-law. Thus, mother, father, brother, uncle, aunt, grandfather-in-law, grand-mother-in-law, brother-in-law, or sister-in-law, can give gifts to her so that she can have independent funds to enable her to have a separate income and be liable to be separately assessed in a manner that the income from these gifts, etc. is not clubbed with the income of her husband/father-in-law/mother-inlaw.

Give a loan, not a gift: If you loan money to your spouse/child while charging a reasonable interest on it, income generated from such loaned amount would not be clubbed with your income. But your spouse needs to be careful – the interest amount needs to be paid regularly, and the original loan amount needs to be returned eventually.

For Minor Investment matures after 18th birthday: If you make Investments on Child Name which matures after he/she is 18 , then any income arising from it is not your income.Clubbing Rules applies only for Minor Child’s , Its not applicable for Children above 18.

Gifts in the name of your Hindu Undivided Family (HUF): Clubbing provisions apply when YOU gift something to your HUF. They don’t apply when someone gifts something to the HUF – income earned from such gifts is not clubbed with your income. So, for example, if you are celebrating your son’s birthday and expect some big-ticket gifts, request them in the name of the HUF instead of your son’s or your name. Any income generated from this would be the HUF’s income, and not yours.

Gift even if the income is clubbed: Since income on income is not clubbed, this might still be advantageous to you if you earn a lot and your spouse doesn’t. Let’s say you invest Rs. 10 Lakhs in your wife’s name, and the interest earned on it is Rs. 80,000. This Rs. 80,000 would be added to your income for the computation of income tax. However, when your wife invests this Rs. 80,000 in another FD and earns Rs. 6,400 as interest on it, this is considered to be her own income, and is not clubbed with your income. You would pay tax on Rs. 80,000 but not on Rs. 6,400. Had you not gifted the money to your wife, you would pay tax on Rs. 80,000 AND on Rs. 6,400.

Reference: IndiaTaxes : Clubbing of income, Chapter from Institute of Chartered Account : Clubbing of Income(pdf), Raagvaamdatta : Clubbing of Income, JagoInvestor :What are Income Clubbing Provisions and Tax ImplicationsMoneyControl : Finding ways around clubbing ,Economic Times: Hindu Undivided Family

Related Articles:

Clubbing of income applies to spouse/minor child/son’s wife (daughter-in-law). This article attempted to make one aware of clubbing rules so that there are no shocks when you plan your investments in the name of your spouse/minor child/daughter-in-law.

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