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Mihir

Mihir Tanna  |819 Answers  |Ask -

Tax Expert - Answered on Feb 17, 2024

Mihir Tanna has more than 10 years of experience in direct taxation, including filing income tax returns.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Asked by Anonymous - Nov 26, 2023Hindi
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Dear Sir / Madam, My father (84 year old) wants to transfer some money to my account. I am 52 year old. I am in 30% tax slab. How much tax this money will attract? Also please guide whether it is correct to make FD in his name and get more interest? He has declared me as nominee for his bank account. How much tax I will need to pay on the money that I will receive when he will not be there? What does law says?

Ans: As per Income tax provisions, if father transfer funds to son as gift; it will not be treated as Income and it is advisable to execute gift deed for the same. Further, for creation of FD in the name of father, payment is required to be done from bank account of father.

With reference to amount received as legal hair, son is required to pay tax on Interest income accrued after the date of death.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Mahesh

Mahesh Padmanabhan  |120 Answers  |Ask -

Tax Expert - Answered on Feb 14, 2023

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I have a query pertaining to treatment of the amount for Income Tax purposes. We have an ancestral land in our village. A portion of the said land has been acquired by Government for a new highway. Currently the land is in the name of my father (~68 years old), a pensioner. He is likely to receive compensation of around 75 lakhs. He intends to use around 25 lakhs for construction of go-down/ shops for commercial use at village while the balance amount he intends to transfer equally to both his sons (myself & my younger brother). How does my father declare the amount in his Income Tax Return and what sort of tax he needs to pay on the total amount received. What will be the tax liability for us brothers on the amount received from him. Whether all three of us (my father & we two brothers) are free to spend the amount as deemed fit OR are we required to invest it in a particular way only. What happens if the amount is transferred to both his Daughter In Laws (non tax payer). Any other suggestion
Ans: Hi Rajan

As the owner of the land is your father, the taxability would apply to him alone and not to you or your brother.

The query would need further clarity in terms of the following aspects:

Whether this was an agricultural land?
What is the distance of the land from the nearest municipality jurisdiction?
What is the population of the place where the land is located?

In case this is an urban non-agricultural land then you may need to get the valuation report for the land as on April 1, 2001 from an Income Tax approved valuer. This would become your basic cost reference on which you would need to apply indexation. An example is stated below for easy understanding.

Suppose the valuation report brings out a value of Rs. 20 Lakhs as on April 1, 2001

Current Cost Inflation Index (CII) is 331 and base year (2001) index is 100

So indexed cost of acquisition would be Rs. 20 Lakhs x 331 / 100, which is Rs. 66.20 Lakhs

So capital gain would be Rs. 75 Lakhs - Rs. 66.20 Lakhs = Rs. 8.80 Lakhs on which your father would need to pay 20+% of tax.

As this is a regular asset, in case he wants to pay NIL tax then he would need to reinvest the full sale consideration in some eligible asset such as residential house or capital gains bonds (go-downs / shops are not eligible assets).

If he reinvests in eligible asset partially then he would get exemption only proportionately. Taking the same example:

Suppose he reinvests Rs. 50 Lakhs in capital gain bond (say NHAI or REC) then the eligible proportionate exemption would be as follows:

Rs. 50 Lakhs / Rs. 75 Lakhs x Rs. 8.80 Lakhs = Rs. 5.87 Lakhs

He would need to pay the 20+% tax on Rs. 2.93 Lakhs. He would be eligible to marginal relief provisions if his pension income is not substantial. Also, he may end up with Nil tax if his total income is below Rs. 5 Lakhs
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Hardik

Hardik Parikh  |106 Answers  |Ask -

Tax, Mutual Fund Expert - Answered on Apr 19, 2023

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Sir, My father deceased in December, 2022 and as a nominee I have received an amount of Rs.20 lakhs from his PPF account and Rs.7.90 lakhs from his FD in the bank. I want to transfer this amount to my Mother's account. She is retired Govt. officer and filing IT returns for her income every year. Sir, can I transfer whole amount of Rs.20 lakhs and Rs.7.90 through RTGS to my mother's account. I want to know that in future will there be any query/AIR from IT deptt. from me or from my mother relating to the transaction done by me. My father was Govt. retiree and Income Tax payee and had filed all IT returns upto FY 2021-22. Sir please guide in this regard so that there is no issue being raised by IT deptt for transfer of amount from my account to my Mother's account. I am also a Govt. Employee. Kindly give your valued advise.
Ans: Dear Amit,

You can absolutely transfer the entire amount of Rs. 20 lakhs from your father's PPF account and Rs. 7.90 lakhs from his FD to your mother's account through RTGS. Since your father was a regular Income Tax payer and had filed all his IT returns up to FY 2021-22, there should be no issues related to the legitimacy of the funds being transferred.

However, to ensure a hassle-free experience with the Income Tax Department in the future, I recommend taking the following steps:

Keep a record of the source of the funds, i.e., the PPF account and FD account details, as well as any supporting documents like your father's death certificate, nominee declaration, and bank statements.
When your mother files her Income Tax return for the relevant financial year, make sure to disclose these amounts as gifts received from you, her son, as gifts received from relatives are exempt from tax. You can provide the details of the source of funds and the reason for the transfer (i.e., inheritance) in the notes section of her return, if applicable.
If your mother earns any interest or income from these amounts, she should include that in her taxable income and pay the applicable taxes.
It would be helpful to consult a tax professional to ensure that all the necessary documentation and disclosures are made properly in both your and your mother's tax returns.
By following these steps, you should be able to avoid any queries or issues from the Income Tax Department regarding the transfer of funds from your account to your mother's account.

I hope this helps.

Take care.
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Moneywize   |98 Answers  |Ask -

Financial Planner - Answered on Apr 28, 2024

Asked by Anonymous - Apr 27, 2024Hindi
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I want to purchase auto insurance for my Maruti Ertiga which I purchased two years ago. Which auto insurance policy will best look after my interests in the event of an accident which could lead to fatalities or lead me permanently disabled? I want to choose an auto insurance policy that will take care of hospitalisation as well as permanent disability.
Ans: In the unfortunate event of an accident with your Maruti Ertiga, a comprehensive car insurance policy will best serve your interests. Here's why:

Comprehensive Coverage:

• Third-party Liability: This is mandatory by law and covers any injuries or property damage caused to a third party due to an accident involving your car.
• Own Damage Cover: This protects your Maruti Ertiga from damages caused by accidents, theft, fire, natural calamities, etc.

Additional Coverage for Permanent Disability and Hospitalisation:

• Personal Accident (PA) Cover for Owner-Driver and Passengers: This add-on provides a lump sum payout in case of death or permanent disability due to an accident. You can extend this cover to include your passengers as well.
• Medical Expenses Cover: This add-on reimburses hospitalisation expenses incurred due to injuries sustained in an accident.

Here's what to consider when choosing an insurance provider:

• Claim Settlement Ratio (CSR): Look for insurers with a high CSR, which indicates a good record of settling claims promptly.
• Network Garages: Opt for an insurer with a wide network of cashless garages for repairs to ensure a hassle-free experience.
• Customer Service: Choose a company known for providing prompt and helpful customer service.

Popular Car Insurance Providers in India:

• Acko General Insurance
• HDFC Ergo
• The Oriental Insurance Company
• National Insurance Company
• Bajaj Allianz General Insurance

Researching and Comparing Policies

• Use online insurance aggregator websites to compare quotes from different providers. These websites allow you to input details about your Maruti Ertiga, your driving history, and desired coverage options. They will then provide you with quotes from various insurers, allowing you to compare prices and features.

Consulting a Financial Advisor

• Consider consulting a financial advisor who can help you assess your specific needs and recommend the most suitable car insurance policy for your Maruti Ertiga.
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