Hi Sir, My father expired this year, his nominee is my mother Chitra Samant, needed to now that we will close all accounts including fd's, PFF's and other investments of his and transfer amount to my mothers account. will the amount transfered be taxable to my mother?

Ans: If a person dies, the legal representative has to file tax returns on behalf of the deceased to report the income earned by the deceased until the date of his death, and taxes deducted thereon.

Legal heir has to register himself at the income tax website for filing the return on behalf of decease.

Any income earned after the date of death from the assets inherited from the deceased is taxable in the hands of the legal heir. Legal heir should include this income inherited from the deceased in his own income while filing own income tax return.

One cannot avoid the additional income being added to your regular income, but one can look to make maximum use of various deductions that are available tax saving investments under Section 80C, medical insurance under Section 80D for self and parents, NPS under Section 80CCD, donations under Section 80G, etc.

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.

Ans: Amount received under will/as legal hair is not an income, which is taxable under the Income tax. However, interest on said FD will be taxable.

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.

Ans: Hello, the tax has to be paid by you. If not then you can file the ITR for your late father and show the income in his account and pay the taxes as applicable