Indian Citizens with Hindu ethnicity could come together to create a HUF. Many Hindu families in India those are yet to be divided, and Income earned by those families is considered as joint income. Such income does not impose tax on the individual members of the family, and it is collective responsibility of the family to pay tax. The Head of the family is considered as Karta and other family members are called as Coparceners. Hindu Succession (Amendment) Act, 2005, provides equal rights to son as well as daughters of a family. Senior female member could also play role of a Karta w.e.f. January 2016.
HUF could be created by a family only. HUF comprises of Karta/Ancestor and all his descendants that include wife, sons and daughters. Formation of HUF is not just restricted to a Hindu family, but Buddhists, Sikhs and Jains could also create a HUF under the definition. In case of a marriage of a HUF member, a new HUF automatically gets created by virtue of the marriage. HUF own assets that gets transferred from ancestral property or by way of a will or as a gift. Individual members of a HUF will have respective PAN subject to income levels whereas HUF will have to secure a separate PAN. Post getting PAN, a separate bank account will have to be opened in the name of HUF to get tax benefits.The main reason behind creating a HUF is to have separate PAN where joint income of the family could be shown for tax purposes.
Advantages:
* HUF is liable to pay taxes, as a separate entity, on the passive income generated by joint family.
* If HUF is running a business then it has to carry out tax audit when threshold income exceeds prescribed limit.
* An adopted child could also become part of the HUF.
* HUF is legally acceptable entity all over India except Kerala.
Disadvantages:
* HUF provides equal rights to every member on every asset belonging to it.
* Birth and Marriages increase the number of members in the HUF.
* Joint assets could not be sold without consent of every member of HUF.
* Closing a HUF is much difficult than forming one.
* Division of family with small group might lead to dissolving HUF.
* Post winding up a HUF, all the assets of HUF to be distributed equally among members, which is difficult to manage. There is possibility of legal hassles that could prolong disposal of assets.
Keep watching this space for more updates on taxation aspect!
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