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How can I get a TDS refund for interest earned by my wife on an FD I funded?

T S Khurana

T S Khurana   |563 Answers  |Ask -

Tax Expert - Answered on Feb 19, 2025

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
Nilima Question by Nilima on Jan 13, 2025Hindi
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Thanks for replying. Still it is not clear Sir, I transfer fund without any consideration to non earning wife's account and she invests in FD, earns interest, tds is deducted in her pan. If the intt us taxed at husband's hand under clubbing and IT is paid, then how the tds already deducted would get adjusted) refunded even if separate ITR is filed by her as his pan number will show the interest income in her ITR. No refund will be processed under such circumstances. So plz guide.

Ans: 01. When Interest Income of Spouse is being clubbed with your income, you can certainly claim TDS deducted in wife's account. There is certain procedure to be adopted.
02. Your wife shall file a declaration to the bank (TDS deductor), under proviso to Rule 37BA(2), furnishing particulars of her husband, to enable the deductor to issue TDS certificate in the name of her husband.
03. However, I would like to suggest you to avoid all these problems & transfer FDR in your joint name, with your first name & PAN number. TDS deducted will automatically be deposited in your name. In both the cases, Tax amount would remain same, but unnecessary paper work & formalities would be avoided.
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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Mihir

Mihir Tanna  |1111 Answers  |Ask -

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Dear sir, I have recently given a loan of $95,000 USD to my NRI daughter living in the USA, when she requested me for this help to buy a house. I expect to get this back from her in a year or two. While transferring this amount to her, the Forex transfer agency had advised me to show it as "Gift" to blood relation and has charged TCS @20% on INR value above Rs.10 L - as per RBI's regulations. While doing so, they stated that I shall be eligible to adjust it against any future tax liabilities of the current f.y. and the excess amount left unadjusted thereafter, if any, shall be claimed as 'Refund' during my ITR of the next Assessment Year. Now my question is - (1) What kind of documentations I need to maintain for this TCS refund? (2) After a year or two, when my daughter transfer this money back to my bank account, how do I correlate receiving this huge amount coming back into my account, and show that it is not my income from any foreign sources and instead a return of fund I had transferred as a loan to my blood relation, which is now being repaid back, without any financial gains (e.g. interest earned or so), albeit there might still be some profit or loss, depending upon the forex exchange rate prevailing at the time of this refund. Please advise.
Ans: 1) Gift deed, forms submitted to bank for remittance and bank statement will be sufficient for claiming refund

2) While taking back money, nature mentioned in forms submitted to bank will suffice to say that amount received back is not an income.

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