A Hindu Undivided Family (HUF) is a unique legal entity that includes people of a common ancestor, descendants, their spouses, and their children. A Karta heads this entity, and an HUF can earn income, own property, and capital gains, exemptions, and more under the Income Tax Act.
When an HUF is declared as a tax entity under the IT Act, the members can split their income legally among themselves and reduce their total tax liability. However, if an HUF is dissolved, all the assets will be distributed between the remaining coparceners.
In this blog, we will explore the various HUF tax benefits available to those who are part of it.
HUF's full form stands for Hindu Undivided Family, a family setting where all members are recognized as a separate legal entity for taxation purposes. The members of a Hindu Undivided Family are only those who are descendants of a common ancestor. This includes the children and their wives.
The person who leads the HUF is known as the Karta, whereas the other family members are known as coparceners. The eldest male person of the family is generally known as Karta. And in a case where the Karta has two daughters and the father passes away, the eldest daughter takes his position and carries forward the HUF ahead.
Ensure that the Hindu Law governs the Sikh and Jain Families, but they are considered as HUF under the Act.
A HUF, a separate legal entity, can be formed by at least two members from the same family and includes:
Karta: This is the person who leads the HUF, and it is usually the senior-most female or male member who leads the family affairs and has unlimited liability.
Coparceners: All the lineal descendants, be they male or female, of a common ancestor are known as coparceners. This now includes the daughters by birth, and they have equal rights in all the HUF assets, such as HUF property.
Other Members: The wives of the coparceners are also considered members of HUF after marriage. They have the right to have maintenance, but cannot demand partition.
The tax slabs applicable to the HUF are the same as those of individual taxpayers under the new and the old tax regimes.
Income Tax Slabs | Income Tax Rates |
---|---|
Up to 4 Lakh | Nil |
Rs 4 Lakh - Rs 8 Lakh | 5% |
Rs 8 Lakh - Rs 12 Lakh | 10% |
Rs 12 lakh - Rs 16 Lakh | 15% |
Rs 16 Lakh - Rs 20 Lakh | 20% |
Rs 20 Lakh - Rs 24 Lakh | 25% |
Above Rs 24 Lakh | 30% |
Income Tax Slabs | Income Tax Rates |
---|---|
Up to Rs 3 Lakh | Nil |
Rs 3 Lakh - Rs 7 Lakh | 5% |
Rs 7 Lakh - Rs 10 Lakh | 10% |
Rs 10 Lakh - Rs 12 Lakh | 15% |
Rs 12 Lakh - Rs 15 Lakh | 20% |
Above Rs 15 Lakh | 30% |
Income Tax Slabs | Income Tax Rates |
---|---|
Up to Rs 2.5 Lakh | Nil |
Rs 2.5 Lakh to Rs 5 Lakh | 5% |
Rs 5 Lakh to Rs 10 Lakh | 20% |
Above Rs 10 Lakh | 30% |
Cess and surcharge will be applicable.
For a joint family setting to form an HUF, they must fulfill the following conditions:
The Hindu Undivided Family has a separate PAN card form for its members and is eligible to claim tax benefits of the basic exemption limit under the tax regimes. However, they are also eligible for other benefits because of an HUF. Such benefits are:
Section 80C: The HUF is eligible for up to Rs 1.5 lakh tax deduction on ELSS, PPF, life insurance, and more.
Section 80D: The HUF is eligible for a deduction on health insurance premiums paid for an HUF member.
Section 80G: The HUF is eligible for tax deduction on the eligible donations made by a Hindu Undivided Family.
Home Loan: HUFs are also eligible for claiming a deduction on the interest paid on a housing loan.
Capital Gains: The HUF is eligible for tax exemption under sections 54, 54F, and 54EC on long-term capital gains re-investment.
To understand how an HUF can save taxes, let us see an example
Mr Suresh Gupta started an HUD with his son, daughter, and wife as members. The property held by Mr. Gupta gives Jim an annual rent of Rs 15 lakh, which was transferred to an HUF. On the other hand, Mr Gupta's income from salary is around 20 lakh.
By forming an HUF, Mr Gupta can save tax under the new tax regime for the financial year 2025-26 as follows:
Income from various sources | Income of Mr. Gupta before forming the HUF (individual's return) | Income of Mr Gupta after forming an HUF (HUF's Return) | Income of HUF |
---|---|---|---|
A) Salary | 20,00,000 | 20,00,000 | |
B) House property rent | 15,00,000 | - | 15,00,000 |
C) Standard deduction on house property (30% of 15,00,000) | (4,50,000) | - | (4,50,000) |
D) Income from house property (B-C) | 10,50,000 | - | 10,50,000 |
Total Income Taxable (A+B) | 30,50,000 | 20,00,000 | 10,50,000 |
(-) Standard Deduction | (75,000) | (75,000) | - |
Net Taxable Income | 29,75,500 | 19,25,000 | 10,50,000 |
Tax Payable | 4,91,400 | 1,92,400 | 46,800 |
Comparison: Due to the tax arrangement, Mr Gupta was able to save Rs 2,52,200 from his overall taxable income. The Hindu Undivided Family (HUF) paid Rs 46,800 in tax on the rental income because the rebate under section 87A of the Income Tax Act is not available for HUF.
Total tax paid by Mr. Gupta | 4,91,400 |
Total tax paid by Mr. Gupta & HUF | 2,39,200 |
Tax saved due to HUF | 2,52,200 |
Formation of a Hindu undivided family is quite simple. All you need is to create an HUF deed, apply for a separate card for the HUF, and open a bank account. Then, you can begin to calculate the interest rate for the Hindu Undivided Family.
Step 1: Create a Hindu Undivided Family Deed - To form an HUF, individuals must draft a valid deed on stamp paper, which constitutes the entire structure of the HUF, including the Karta, Members, Coparceners, and the business of the Hindu Undivided Family (HUF).
Step 2: Apply For a Hindu Undivided Family (HUF) PAN Card - By filling out Form 49A online, you can apply for a HUF PAN Card.
Step 3: Open A HUF Bank Account - Open a bank account in the name of the Hindu Undivided Family (HUF) by submitting an HUF Deed, PAN card, and the KYC documents.
Step 4: Use the HUF - Once all the above steps are completed, you can start using the HUF for business operations, including investing or buying property.
However, ensure that a single individual can form an HUF; it requires a family for its formation.
To determine the residential status of an HUF, it is essential to identify where the management and control of its affairs are located during the financial year.
Resident HUF: If the management or the control of the HUF is wholly or partly situated in India during the financial years, then the HUF is a Resident in India.
Non-Resident HUF: If the management and control of the HUF are situated abroad during the financial year, then in such a case, the HUF is considered a non-resident.
Below are the Advantages of Forming an HUF:
Below are the Disadvantages of an HUF:
To dissolve a Hindu undivided family (HUF), the entity needs to go through partition. Here, the assets are distributed among the family members who have the right to inherit the property.
Total Partition: Here, all the assets of a Hindu Undivided Family are divided among the family members, and the HUF is entirely dissolved.
Partial Partition: In this case, only a few assets of an HUF are divided, while the remaining assets continue to be held by the HUF, and the business operations continue.
Now, the HUF member must ensure that the partition to be legally valid has to be registered and stamped. Along with the PAN card of the HUF, it must also be surrendered to the tax authority for them to complete the entire process.
A Hindu Undivided family offers an array of tax benefits by providing separate tax exemptions and deductions. The tax deduction can lead to massive tax savings for the entire family, as the income source is divided among the members of the family.
For individuals seeking to understand HUF tax implications and NRI-specific ITR filing, connect with Savetaxs today.
Note: This guide is for informational purposes only. The views expressed in this guide are personal and do not constitute the views of Savetaxs. Savetaxs or the author will not be responsible for any direct or indirect loss incurred by the reader for taking any decision based on the information or the contents. It is advisable to consult with either a Chartered Accountant (CA) or a professional Company Secretary (CS) from the Savetaxs team, as they are familiar with the current regulations and help you make accurate decisions and maintain accuracy throughout the whole process.
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