Income Tax Liability of Hindu Undivided Family

CHANAKYA NATIONAL LAW UNIVERSITY,

PATNA

FINAL DRAFT

SUBMITTED TOWARDS THE FULFILMENT OF THE COURSE TITLED

*TAXATION LAW*

TOPIC

Income Tax Liability of Hindu Undivided Family

Submitted to: -
Dr. G.P. Pandey
Faculty of Taxation Law

Submitted by:-
SHASHI RANJAN
BA/LLB (11966)

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 Income Tax Liability of Hindu Undivided Family

ACKNOWLEDGMENT

Writing a project is one of the most significant academic challenges I have ever
faced. Though this project has been presented by me but there are many people
who remained in veil, who gave their all support and helped me to complete this
project.
First of all I am very grateful to my subject teacher Dr. G. P. Pandey without
the kind support of whom and help the completion of the project was a
herculean task for me. He donated his valuable time from his busy time to help
me to complete this project and suggested me from where and how to collect
data.
I am very thankful to the librarian who provided me several books on this topic
which proved beneficial in completing this project.
I acknowledge my friends who gave their valuable and meticulous advice which
was very useful and could not be ignored in writing the project.

Shashi Ranjan
ROLL NO.11966
7th SEMESTER

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 Income Tax Liability of Hindu Undivided Family

Table of Contents

Objective& Research Methodology____________________________ 4

Chapter-(1)
INTRODUCTION ......................................................................................................................... 5

Chapter-(2)
Assessment of HUF ................................................................................................................... 7

Chapter-(3)
Taxability of HUF .................................................................................................................... 10

Chapter-(4)
Tax Benefits of HUF ............................................................................................................... 12

Chapter-(5)
Conclusion ................................................................................................................................. 14

Bibliography............................................................................................................... 16

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 Income Tax Liability of Hindu Undivided Family

Objectives:
The researcher intends:

1) To study the Income tax liability of HUF

2) To critically analyze liability of HUF under Income tax act.

Research Methodology:
The researcher has approached doctrinal method for the research work which
includes primary and secondary source of data.

Sources of data:

Primary: The Income Tax Act, 1961

Secondary: Books, journals, articles, websites.

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 Income Tax Liability of Hindu Undivided Family

I. Introduction
In many financial transactions, people buying or selling immovable property --
residential, agricultural, commercial or industrial property, or any movable property --
declare their status as that of Hindu Undivided Family, or HUF.But a mere declaration
by a Hindu buyer or seller of real estate, or any other asset, that his status is that of an
HUFcannot be accepted in law because there are certain legal requirements of a valid
HUF status.

Hindu Undivided Family (HUF) is treated as a person under section 2(31)of the
Income-tax Act, 1961 (herein after referred to as the Act). HUF is a separate entity
for the purpose of assessment under the Act. Under Hindu Law, an HUF is a family
which consists of all persons lineally descended from a common ancestor and includes
their wives and unmarried daughters. An HUF cannot be created under a contract; it is
created automatically in a Hindu Family. Jain and Sikh families even though are not
governed by the Hindu Law, but they are treated as HUF under the Act.1

The term 'Hindu Undivided Family' has not been defined under the Income Tax Act. It
is defined under the Hindu Law as a family that consists of all persons lineally
descended from a common ancestor, including wives and unmarried daughters. This
means membership of a HUF does not come from a contract but from status of the
person in such families. A HUF cannot be formed by a group of people who do not
constitute a family. Lineal descendents with a common ancestor is a must.

Income derived from the following heads may be regarded as HUF income if the same
has been classified under HUF:2

1. Profits from business or profession

2. Income from house property
3. Capital gains
4. Income from other sources

1
http://www.incometaxindia.gov.in/Pages/i-am/huf.aspx?k=Introduction
2
https://www.sudlife.in/products/huf.pdf

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 Income Tax Liability of Hindu Undivided Family

Since the HUF is a separate entity, it cannot earn income from salary. All income that
arises on the investment of the HUF's funds and utilization of its assets is regarded as
income and is separately assessed and taxed. We can save taxes by creating a family
unit and pooling in assets to form an HUF. HUF is taxed separately from its members.
A Hindu family can come together and form an HUF. Buddhists, Jains, and Sikhs can
also form an HUF. HUF has its own PAN and files tax returns independent of its
members.3

3
https://cleartax.in/s/huf-hindu-undivided-family

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 Income Tax Liability of Hindu Undivided Family

II. Assessment of HUF

An HUF is recognized as a separate assessable entity under the Act. Its income may
be assessed if following two conditions are satisfied:4

i. There should be a co-parcenary. In this connection, it is worthwhile to mention

that once a joint family income is assessed as that of HUF, it continues to be
assessed as such in subsequent assessment years till partition is claimed by
coparceners.
ii. There should be a joint family property which consists of ancestral property,
property acquired with the aid of ancestral property and property transferred by
its members.

Ancestral Property: Ancestral property may be defined as the property which a man
inherits from any of his three immediate male ancestors, i.e. his father, grandfather
and great grandfather. Therefore, property inherited from any other relation is not
treated as ancestral property. Income from ancestral property held by following
families is taxable as income of HUF:

a) A family of widow mother and sons (may be minor or major);

b) Family of husband and wife, having no child;
c) Family of two widows of deceased brothers;
d) Family of two or more brothers;
e) Family of uncle and nephew;
f) Family of mother, son and sons wife;
g) Family of a male and his late brothers wife.

Property obtained by daughter from joint family property would be her absolute
property. Any income therefrom is chargeable to tax in her hands in the individual
status only. This will also apply to any legal heir obtaining property in the capacity of
a descendent.

4
http://www.incometaxindia.gov.in/Pages/i-am/huf.aspx?k=Introduction

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Assessment after partition [Section 171]5

Once income of a joint family is assessed as income of a HUF, it will continue to be

assessed as such until one or more coparceners claim partition. Such claim must be
made before the relevant assessment year. The Assessing Officer, on the receipt of
such claim, must make an enquiry after giving due notice to the members and record a
finding whether there has been a partition and, if so, the date of partition.

Income of the family from the first date of the previous year till the date of partition is
assessed as income of HUF and, thereafter, income from the property which was
subject to partition is assessed as individual income of the recipient members. If,
however, the recipient member forms another HUF along with his wife and son(s),
income of the property which was subject to partition is chargeable to tax in the hands
of new HUF.

Effect of partial partition [Section 171(9)]6

After the enactment of section 171(9), partial partition is not recognised under the Act.
The provisionsof section 171(9) is applicable on satisfaction of two conditions, firstly,
the partial partition should have taken place after December 31, 1978 and secondly,
such partition must have taken place in an HUF which was assessed as a HUF before.

If the above two conditions are satisfied, such family will continue to be assessed
as if no such partial partition has taken place,i.e., the property or source of income will
be deemed to be belonging to the HUF and no member will be deemed to have
separated from the family.

Each member or group of members of such family immediately before such partial
partition and the family will be jointly and severally liable for any tax, penalty,
interest, fine or other sum payable under the act by such HUF, whether before or after
such partial partition.

5
Income tax act, 1961
6
Id;

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 Income Tax Liability of Hindu Undivided Family

The several liability of any member or group members of such family will be
computed according to the portion of the joint family property allotted to him on such
partial partition.

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 Income Tax Liability of Hindu Undivided Family

III. Taxability of HUF

In order to compute the income of an HUF, one has to first ascertain its income under
the different heads of income (ignoring incomes exempted under sections 10 to 13A
of the Act). The following points should be kept in mind while computing income:7

If funds of an HUF are invested in a company or a firm, fees or remuneration

received by the member as a director or a partner in the company or firm may be
treated as income of the family (if fees or remuneration is earned essentially as a result
of investment of funds).

However, if fees or remuneration is earned for services rendered by the member in

his personal capacity, it will be treated as the personal income of the member.

If any remuneration is paid by the HUF to the karta or any other member for services
rendered by him, remuneration is deductible from income of HUF if such payment is
genuine and not excessive and paid under a valid andbona fide agreement.

The following incomes are not taxed as income of HUF:-8

If a member has converted or transferred without adequate considerationhis self-

acquired property into join family property, income from such property is not taxable
in hands of the family.

Income of impartible estate (though it belongs to family) is taxable in the hands of

holder of estate and not in hands of HUF.

Personal income of the members cannot be treated as income of HUF.

Stridhan" is absolute property of a woman, hence income arising therefrom is not

taxable as income of HUF.

Income from individual property of daughter is not taxable in hands of HUF even if
such property is vested into HUF by daughter.

7
http://www.incometaxindia.gov.in/Pages/i-am/huf.aspx?k=Introduction
8
Id;

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1. Deduction from gross total income: AnHUF is entitled for deductions available
under Chapter VI-A (as applicable) while calculating its taxable income.

2. Rate of Tax:

An HUF is taxed on same slab rates which are applicable to an Individual.

An HUF is liable to pay Alternate Minimum Taxif the tax payable is less than 18.5
per cent (including cess and surcharge) of "Adjusted Total Income" subject to
prescribed conditions.

In the case of Ram Laxman Sugar Mills-v-CIT,9 it has been held that A Hindu
undivided family is undoubtedly a "person" within the meaning of the Indian Income-
tax Act : It is however not a juristic person for all purposes, and cannot enter into an
agreement of partnership with either another undivided family or individual. It is only
karta/manager/coparcener/member who can enter into such agreement on behalf of
HUF.

In various cases, where the karta is partner representing the HUF and salary or
commission is paid to partner, the issue arises whether such salary or commission
should be assessed in the hands of HUF or as personal income of the karta. The test
laid down by the court is whether such payment because of investment in the firm or
as a compensation for the services rendered. In case of former, it will be assessed as
income of HUF while in case of later, it will be assessed as personal income of karta.
This test has been laid down in case Raj Kumar Singh Hukam Singhji.10

Documents required to be attached with the return of income

ITR return forms are attachment less forms and, hence, the taxpayer is not required to attach
any document (like proof of investment, TDS certificates, etc.) along with the return of
income (whether filed manually or filed electronically). However, these documents should be
retained by the taxpayer and should be produced before the tax authorities when demanded in
situations like assessment, inquiry, etc.

9
66 ITR 613 SC
10
78 ITR 33

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However, in case of a taxpayer who is required to furnish a report of audit under section
10(23C)(v),10(23C)(vi), 10(23C)(via), 10A,10AA, 12A(1)(b), 44AB, 44DA, 50B, 80-IA,80-
IB,80-IC,80-ID, 80JJAA, 80LA,92E,115JB or 115VW shall furnish it electronically on or
before the date of filing the return of income.

How to file return of income

Return of income can be filed either in hard copy at the local office of the Income-tax
Department or can be electronically filed at www.incometaxindiaefiling.gov.in

ITR Description

ITR 2- For Individuals & HUFs not having Income from Business or Profession

ITR 2A -For Individuals & HUFs not having Income from Business or Profession and
Capital Gains and who do not hold foreign assets

ITR 3- For Individuals/HUFs being partners in firms and not carrying out business or
profession under any proprietorship

ITR 4- For Individuals/HUFs having income from a proprietary business or

profession

ITR 4S (SUGAM)- For Individuals/HUF having income from presumptive business

To revise and correct the mistakes made in the previous return filed. The HUF can submit a
revised return, provided the original return has been filed before the due date and the
Department has not completed the assessment. It is expected that the mistake in the original
return is of a genuine and bona fide nature and not rectification of any deliberate mistake.
However, a belated return (being a return filed after the due date) cannot be revised.

Return can be revised within a period of one year from the end of the relevant assessment
year or before completion of the assessment whichever is earlier. If one could not file the
return of income on or before the prescribed due date, then he can file a belated return. A
belated return can be filed within a period of one year from the end of the assessment year or
before completion of the assessment, whichever is earlier. Return filed after the prescribed
due date is called as a belated return.

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IV. Tax Benefits of HUF

The fact remains that every individual is interested to save his tax. Tax saving is
possible by taking advantage of the various provisions contained in the Income-tax
Law.One such very important way of saving income-tax is to think of forming a
separate tax entity in the name of a Hindu Undivided Family.The creation of Hindu
Undivided Family helps the tax payers to save their taxes in a legal manner.

It is a well-known fact that every individual member of the family specially the adult
members of the family would enjoy a tax deduction up to Rs. 1,00,000 in terms of
section 80C of the Income-tax Act, 1961.Apart from getting tax deduction up to Rs.
1,00,000 for an individual, it is possible that if an HUF is created by that individual,
he will be able to claim higher tax deduction and exemptions under the Income-tax
Law because the new tax entity in the form of a Hindu Undivided Family will be
eligible to claim separate tax deduction under section 80C of the Income-tax Act,
1961.Likewise, the dividend income and the Long-term Capital Gains on listed
securities would also be exempted for such Hindu Undivided Family. The income
from Short-term Capital Gain by this Hindu Undivided Family will also be eligible to
a lower tax rate of 15 per cent tax only.11

An individual gets tax deduction on various investments made by him in terms of

section 80C of the Income-tax Act, 1961. Similarly, the Hindu Undivided Family also
enjoys in its own right tax deduction under section 80C of the Income-tax Act,
1961.An HUF is also entitled to claim a separate tax deduction in respect of payment
of Health Insurance Premium. This deduction is permissible under section 80D of the
Income-tax Act, 1961. The HUF can further receive a separate tax deduction of Rs.
50,000 on account of maintenance including medical treatment of a dependant
member which happens to be a person with disability. However, if there is a severe

11
http://www.moneycontrol.com/news/business/personal-finance-business/how-can-huf-help-individual-to-
save-income-tax-1264531.cms

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disability, then the deduction gets enhanced to Rs. 1,00,000. This deduction is
available as per section 80DD of the Income-tax Act, 1961.12

If the HUF actually makes payment on medical treatment of a specific disease or

ailments as mentioned in the Income-tax Act for the benefit of its members, then a
deduction up to Rs. 40,000 will be allowed to the HUF as per section 80DDB of the
Income-tax Act, 1961. However, if such expenditure is made for a member who
happens to be a senior citizen, then the deduction to be allowed will be Rs. 60,000.
HUF can also donate to recognized charity trusts and institutions and claim deduction
under section 80G of the Income-tax Act, 1961.

The HUF as per section 24 of the Income-tax Act is also entitled to claim deduction
for interest on self-occupied house property of Rs. 1,50,000 in a year.If you are a
salaried employee and you receive payment on account of house rent and if by chance
your HUF is the owner of the house property, then it is possible for an individual to
make payment of the rent to the HUF, obtain rent receipt from the HUF and submit
the same to the employer and thereafter get a tax deduction on the HRA amount from
the employer.

A Hindu Undivided Family (HUF) offers specific advantages as far as taxation is concerned.
The Income Tax Act and Wealth Tax Act recognise the HUF as an independent assessable or
taxable entity. Hence, HUFs enjoy all deductions and exemptions under the IT Act
independent of the income and tax liabilities of its members. An HUF has a separate PAN
and the karta must apply for one. The PAN needs to be quoted while making investments and
carrying out financial transactions of the HUF. Also, the karta must file the income tax and
wealth tax returns on behalf of the HUF, in addition to his personal tax returns.13

HUF is entitled to a basic exemption of Rs.2, 50,000 just like a resident Indian male. Where
the taxable income exceeds Rs. 2,50,000 but does not exceed Rs. 5,00,000, 10% of amount
by which the taxable income exceeds Rs. 2,50,000. Where taxable income exceeds Rs. 5,
00,000 but does not exceed Rs. 10, 00,000, Rs. 25,000 + 20% of the amount by which the

12
Id;
13
De-Tax: The HUF route to tax planning, available at http://www.thehindubusinessline.com/portfolio/beyond-
stocks/detax-the-huf-route-to-tax-planning/article7389261.ece

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taxable income exceeds Rs. 5,00,000. Where the taxable income exceeds Rs. 10, 00,000, Rs.
125,000 + 30% of the amount by which the taxable income exceeds Rs. 10, 00,000.14

Apart from basic exemption of Rs. 2, 50,000, a HUF is eligible to all those exemptions which
are available to a male resident.

By setting up an HUF an individual divides his income between two entities which cuts down
the annual tax.

The simple process of starting a new HUF is to receive some gift directly in the name of
Hindu Undivided Family from your father or mother or in laws or from friends and relatives.
Do remember that better it would be if you avoid contributing your own money to the HUF
by way of gift. It may, however, be noted that under the Income-tax Law any gift received
by the HUF from its members is not subjected to income-tax as per section 56 of the Income-
tax Act, 1961. One should also keep in mind the provisions concerning section 64 of the
Income-tax Act, 1961. As per this section if the member of the Hindu Undivided Family
were to make a gift to the HUF, in that situation the income arising to the HUF will be
clubbed to the income of the person making gift to your own HUF. However, if required as a
member of the HUF you can give loan to your HUF.

The gift received by HUF from non-relatives is exempt up to Rs. 50,000 in a year. Once you
receive small little gift for your HUF, then it is time now for you to open a Bank Account in
the name of a HUF and then start the activities of the HUF. Also do remember that your
HUF can carry on business, the said HUF can also become a partner of the partnership firm.
Likewise, your HUF can also invest in the stock market, buy Mutual Funds etc. Hence, if you
have not yet set up your HUF, it is time now for you to go ahead in planning a new HUF in
your family to save your tax. 15

Also please do remember to apply and obtain a separate Permanent Account Number in the
name of your HUF. For the purpose of obtaining a PAN please apply in Form No. 49A. An
individual gets tax deduction on various investments made by him in terms of section 80C of

14
Hindu Undivided Family: easy to make, but difficult to break, available at
http://www.livemint.com/Money/dFiXTOUT9bijtSY0iMu7CM/Hindu-Undivided-Family-easy-to-make-but-
difficult-to-break.html

15
Assets and Taxation on Income of Hindu Undivided Family (HUF), available at
http://blog.ipleaders.in/taxation-on-huf/

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the Income-tax Act, 1961. Similarly, the Hindu Undivided Family also enjoys in its own
right tax deduction under section 80C of the Income-tax Act, 1961. To claim this tax
deduction under section 80C the HUF can take out Life Insurance Policies in the name of its
members and make payment of the premium which will enable the HUF to claim tax
deduction as per section 80C of the Income-tax Act, 1961. To avail 80C deduction the HUF
can open also contribute to PPF account. But nowadays the banks do not permit the opening
of separate PPF account in the name of the HUF. But the HUF can contribute to the PPF
account of its members and claim tax deduction. However, my recommendation is that the
HUF for the purpose of claiming tax deduction under section 80C should invest extensively
on taking out Life Insurance Policies for its members or it may invest in Five Year Bank
Fixed Deposit. An HUF is also entitled to claim a separate tax deduction in respect of
payment of Health Insurance Premium. This deduction is permissible under section 80D of
the Income-tax Act, 1961. The maximum deduction is up to Rs. 15,000 per
annum. However, if the HUF takes out Mediclaim Policy etc., for members of the family who
are senior citizens then the amount of Rs. 15,000 will be enhanced to Rs. 20,000. Out of this
amount up to Rs. 5,000 can also be included for Preventive Health Check UP. The HUF can
further receive a separate tax deduction of Rs. 50,000 on account of maintenance including
medical treatment of a dependant member which happens to be a person with disability.
However, if there is a severe disability, then the deduction gets enhanced to Rs. 1,00,000.
This deduction is available as per section 80DD of the Income-tax Act, 1961. If the HUF
actually makes payment on medical treatment of a specific disease or ailments as mentioned
in the Income-tax Act for the benefit of its members, then a deduction up to Rs. 40,000 will
be allowed to the HUF as per section 80DDB of the Income-tax Act, 1961. However, if such
expenditure is made for a member who happens to be a senior citizen, then the deduction to
be allowed will be Rs. 60,000. HUF can also donate to recognised charity trusts and
institutions and claim deduction under section 80G of the Income-tax Act, 1961.

The HUF as per section 24 of the Income-tax Act is also entitled to claim deduction for
interest on self occupied house property of Rs. 1,50,000 in a year. The income of the HUF
from dividend or shares or Mutual Funds is fully exempt from income-tax. Likewise, the
Long-term Capital Gains on listed securities received by the HUF is also exempted. Once you
have set up a tax entity in the name of a Hindu Undivided Family, then it is time now for you
to think of buying a residential house property in the name of the HUF by taking loan. The
maximum deduction of interest on the housing loan as we know very well will be Rs.

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1,50,000 which will be allowed as a deduction in the name of the HUF. It is even possible
that one single house property may be purchased jointly in the name of the HUF and any
member of the HUF in which situation also the HUF will be entitled to deduction on account
of interest on housing loan up to Rs. 1,50,000 per annum. Similarly, the members of the
HUF separately will also be entitled to this deduction of Rs. 1,50,000 on account of interest
on loan. If you are a salaried employee and you receive payment on account of house rent and
if by chance your HUF is the owner of the house property, then it is possible for an individual
to make payment of the rent to the HUF, obtain rent receipt from the HUF and submit the
same to the employer and thereafter get a tax deduction on the HRA amount from the
employer. Hence, for all those persons who receive HRA i.e. House Rent Allowance from
their employer, for them it would be worthwhile to make payment of rent to the HUF and
claim a tax deduction from the salary income by submitting the rent receipt to the employer
together with copy of PAN Card of the HUF. In case the HUF gives its property on rent to
any person, then from the rental income, the HUF will get deduction in respect of entire
interest on loan paid by it in respect of the said house property. 16

16
How can HUF help an individual save tax, available at http://www.moneycontrol.com/news/tax/how-can-
huf-help-individual-to-save-income-tax_1007010.html

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v. Conclusion
The term 'Hindu Undivided Family' has not been defined under the Income Tax Act. It
is defined under the Hindu Law as a family that consists of all persons lineally
descended from a common ancestor, including wives and unmarried daughters. This
means membership of a HUF does not come from a contract but from status of the
person in such families. A HUF cannot be formed by a group of people who do not
constitute a family. A Lineal descendant with a common ancestor is a must.

A HUF is a separate entity for taxation under the provisions of S.2 (31) of the Income
Tax Act, 1961. This is in addition to an individual as a separate taxable entity. This
indicates that a person may be assessed in two different capacities- as an individual
and as a Karta of his HUF.As the name suggests, an HUF is a family of Hindus.
However, even Buddhists, Jains and Sikhs are regarded as Hindus, and can, therefore,
set up HUFs. The concept of an HUF has basically evolved from ancient Hindu law.
There are two schools of law governing HUFs in India-Mitakshara and Dayabhaga-
and there are quite a few differences in the rights and obligations of HUF members in
each of these schools. However, since the Dayabhagaschool is largely confined to
Bengal, we shall, in this article, only consider the provisions of the Mitakshara school,
which are applicable to the rest of India.

There are some essential conditions that must be fulfilled to qualify as an HUF. These
are outlined below:

Only one member or co-parcener cannot form an HUF;

The joint family continues even in the hands of females after the death of the
sole male member;
An HUF need not consist of two male members. One male member is enough.
For example, a father and his unmarried daughters may form and HUF.

Any income that arises on the investment of HUF funds (like interest earned on loans
given by an HUF) or on the utilisation of HUF assets (like rent earned on letting out
HUF property) would be regarded as HUF income. It is important that the income be

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earned using HUF funds or property only. If the income arises on account of the
personal exertions of the karta or any other member and not on investment of HUF
funds, such income would generally be regarded as the individual income of the karta
or the member.

Assets received in the following situations would be regarded as the assets of an HUF:

Assets received on the partition of a larger HUF of which the coparcener was a
member (like an HUF in which the coparceners father or grandfather was the
karta).
Assets received as gifts by the HUF. Such gifts could be received from close
relatives or close friends.
Assets bequeathed by a will that specifically favours the HUF. In the absence
of a will, assets received on the death of a benefactor after 1956 (when the
Hindu Succession Act came into force) would not be regarded as HUF
property, but as individual property even though such assets have been
inherited.

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BIBLIOGRAPHY

Books:

Income Tax Act by Taxmanns, 61st edition, April 2017

Income Tax Act, 1961 by Shree Guru Kripas

Websites:

www.epw.in/journal/1973/7/special-articles/h-u-f-tax-avoidance-revisited.html
www.itatonline.org
http://www.incometaxindia.gov.in

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