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Can a Mother Gift Rs. 4,80,000 to Her Son's HUF Without Tax Implications?

T S Khurana

T S Khurana   |326 Answers  |Ask -

Tax Expert - Answered on Sep 21, 2024

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more
Jayesh Question by Jayesh on Sep 14, 2024Hindi
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I, mother can give gift to my son's huf saving account the some of rs. 4,80,000 ? any tax liability both side?

Ans: Best way for this is Your mother makes a Gift to you. You may transfer this gift amount, from your saving account to your HUF account. There shall not be any tax liability on any side. However, make a proper document for gift, which may be shown to IT department, if required.
MOst welcome for any further clarifications. Thanks.
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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Financial Planner - Answered on Feb 07, 2024

Asked by Anonymous - Feb 07, 2024Hindi
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Can i give Rs 75,000 gift to my son’s HUF?
Ans: Whether you can give Rs 75,000 as a gift to your son's HUF depends on various factors and this has both tax implications and legal considerations:

Tax Implications:

• Gifts up to Rs 50,000 per year are exempt from tax. This applies to gifts received by an individual or an HUF. So, if the total value of gifts your son's HUF receives from you and others in a year remains below Rs 50,000, there won't be any tax implications.
• If the total value of gifts exceeds Rs 50,000, the entire amount becomes taxable in the hands of the recipient (son's HUF). It will be considered ‘Income from Other Sources’ and taxed at the applicable income tax rate for HUFs.

Legal Considerations:

• An HUF is a separate legal entity. Giving it a gift is the same as giving a gift to another person.
• There might be implications regarding ownership and control of the gifted money. Discuss ownership and usage with your son and other HUF members beforehand to avoid any future disputes.
• Consult a tax advisor or lawyer for precise advice. They can analyse your specific situation, considering factors like your and your son's income, the purpose of the gift, and applicable HUF regulations, and provide tailored guidance on potential tax implications and legal aspects.

Additional Notes:

• Keep proper records of the gift, including the amount, date, and reason for giving it.
• Be aware of any specific rules or regulations governing HUFs in your region.

Remember, this is not financial or legal advice. For specific guidance, always consult with qualified professionals like tax advisors or lawyers.

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DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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