Is your family missing out on potential tax savings? Learn with us how can HUFs save tax.
HUFs can offer both tax benefits and asset protection for your family. Explore with us the top benefits and strategies at your disposal to minimize your tax burden using this structure.
Breaking Down HUF & Its Tax Implications
A Hindu Undivided Family (HUF) is a unique and separate tax entity recognized in India.
It consists of all individuals, who have descended from a common ancestor, including their wives and unmarried daughters.
It is governed by Hindu law and applies to Hindus, Buddhists, Jains, and Sikhs
| TAX IMPLICATIONS OF HUF IN INDIA |
| HUF is a separate tax entity, meaning, it is taxed separately from its members |
| To file separate tax returns, a HUF must obtain its own Permanent Account Number (PAN) |
| Similar to individuals, it is also governed by income tax slabs with basic exemption limit |
| Can claim deductions under various sections of the Income Tax Act |
| Members of a HUF can enjoy benefits from both HUF and individual income |
How Can HUFs Save Tax: 21 Top Tax Saving Strategies
As a HUF, there are many tax benefits that are available to HUFs. Here are some of the most effective ways for HUFs to save tax using the benefits and more:
1.
Income Splitting
HUFs can distribute income generated from the HUF’s assets, businesses, or investments between the HUF and its individual members.
Since both the HUF and the members are treated as separate taxpayers, this allows the family to utilize multiple lower tax slabs. So, instead of one tax on a single higher slab, you can take advantage of multiple lower slabs.
Example: If a HUF earns INR 10 lakh and if there are three members, the income can be divided as 4 lakh, 3 lakh and 3 lakh,. This might keep each member in a lower tax bracket.
2.
Section 80C Deductions
Like individuals, HUFs can claim deductions under Section 80C for investments up to INR 1.5 lakhs.
This includes the following:
- PPF (Public Provident Fund) contributions (for members)
- ELSS (Equity Linked Savings Scheme)
- National Savings Certificate (NSC)
- Fixed Deposits with a 5 year Lock-in Period
- Sukanya Samriddhi Account (for girl child) Contribution
- Tuition Fees (for up to two children) of HUF Members
- Life Insurance Premiums
- NPS (National Pension System) Contribution
- Senior Citizens Savings Scheme (if Karta is above 60)
3.
Business Income and Salaries:
If family members work for the HUF business, they can receive salaries that are deductible from the HUF’s income.
These salaries are treated as deductible business expenses, reducing the HUF’s taxable income.
Example: The HUF runs a shop and pays INR 3 lakhs as salary to one of its members, this amount reduces the taxable income of the HUF.
4.
Diversify Investment Options
HUFs can invest in various financial instruments like stocks, mutual funds, etc.
The income generated from these investments is taxed at the HUF’s rates rather than individual rates, which can help save taxes.
5.
Ownership of Multiple Properties
One of the main tax benefits of HUF is that it paves way for ownership of multiple properties.
This can be done without incurring additional taxes on notional rent for properties beyond one self-occupied home.
Example: If an HUF owns two houses, only one is considered self-occupied for tax purposes. The other can generate rental income without additional tax implications.
6.
Tax-Free Gifts
Utilize the provision for tax-free gifts received by the HUF to save tax.
HUFs can receive gifts from relatives (up to a given amount) without attracting tax, provided they comply with the Income Tax Act.
Example: A father can give a gift worth INR 50,000 to his son’s HUF without incurring tax liabilities, provided it is specified as a gift to the HUF.
7.
Qualified Assistance
Tax implications for HUFs can get tricky, especially when there are multiple sources of income.
This is where seeking expert guidance from trusted firms like PKC Management Consulting can make this easier and more efficient.
8.
Health Insurance Premiums
HUFs can claim deductions for premiums paid for health insurance under Section 80D. This is beneficial for reducing taxable income.
The maximum deduction is INR 25,000 (INR 50,000 for senior citizens), thereby reducing taxable income.
9.
Home Loan Interest
HUFs can take home loans, and the interest paid can be claimed as a deduction under Section 24.
The principal repayment as we discussed earlier can also be claimed under Section 80C. However, this is only available in the old tax regime.
10.
Donations
Donations made by an HUF to charitable organizations are eligible for deductions under Section 80G.
This not only helps in community welfare but also reduces taxable income.
11.
Education Expenses
Under Section 80E, HUFs can claim a deduction on interest paid for education loans, similar to individuals.
This deduction is available for a maximum of 8 assessment years or until the interest is paid, whichever is earlier.
12.
Business Expenses
HUFs engaged in business can deduct various business-related expenses (rent, utilities, salaries, office supplies, and other operational expenses) from their income, reducing the overall taxable profit.
This includes costs related to running a family business or investments made on behalf of the HUF.
13.
Agricultural Income
Income derived from agricultural activities is exempt from tax in India.
This provides a tax-free income avenue for HUFs involved in farming.
14.
Capital Gains Exemptions
HUFs can claim exemptions on long-term capital gains if they reinvest in residential property or other specified assets.
This helps to defer or eliminate tax liability on capital gains.
15.
Asset Transfer
HUFs can also consider transferring assets within the HUF to optimize tax benefits.
This can help in distributing income and capital gains, thereby minimizing the overall tax burden.
Proper documentation and adherence to legal guidelines are essential to avoid disputes and tax complications.
16.
Tax-Free Bonds
Another tax saving option for HUFs is investing in tax-free bonds to earn interest income without tax.
They can invest in tax-free bonds issued by government entities such as National Highways Authority of India (NHAI), Indian Railways, and other government-backed organizations.
The interest earned from these bonds is exempt from tax, providing a steady income stream without increasing the taxable income.
17.
Municipal Bonds
Similar to tax-free bonds, municipal bonds offer interest that is exempt from taxation. These are issued by local government bodies to fund public projects.
Investing in these bonds allows HUFs to earn tax-efficient income while supporting infrastructure development.
However, they may offer lower rate of interest and have a lock in period.
18.
Partial Partition of HUF
A partial partition allows members to separate their shares while maintaining the legal status of the HUF.
This can help in optimizing individual tax liabilities while still benefiting from collective family assets.
19.
Angel Investing and Startup Deductions
Investing in startups can yield significant returns and may offer tax deductions under Section 54GB for investments made in eligible startups.
This not only supports innovation but also provides potential tax benefits.
20.
Tax-Free Allowances:
If HUF runs a business and employs family members, it can provide certain tax-free allowances like conveyance allowance, which are exempt up to a limit.
21.
Professional Services:
If any member of the HUF offers professional services, consider routing this income through the HUF to take advantage of income splitting.
Frequently Asked Questions
- Is it mandatory for HUFs to file an Income Tax Return?
Yes, if the total income of the HUF exceeds the basic exemption limit, it is mandatory to file an Income Tax Return (ITR).
- How does forming an HUF benefit families with multiple income streams?
Families with diverse income sources, such as salaries, business profits, and rental income, can benefit from tax-saving opportunities by distributing income among members, thus reducing their overall tax
- What are 80C deductions available to HUF?
HUFs can claim deductions under Section 80C for investments in various instruments, including PPF, ELSS, life insurance premiums, and principal repayments on home loans.
- How can HUFs save on taxes?
HUFs can save on taxes through income splitting, which allows the distribution of income among family members to utilize lower tax brackets. They can also claim deductions under various sections of the Income Tax Act.
- How can a salaried person save tax through HUF?
Yes, a salaried person can save tax by forming a HUF, which allows for separate tax filing and an additional basic exemption. It also enables the individual to claim deductions under various sections like 80C, effectively increasing overall tax savings.
