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Indian Taxation
Oct 23, 2024

A Simple Guide to Understanding How an HUF Saves You Taxes

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Divyesh Gamit

Suvit

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Saving on taxes is something we all think about, right? Well, if you're from a Hindu family, forming a Hindu Undivided Family (HUF) could be one of the most effective ways to reduce your tax burden.

The great thing about an HUF is that it offers a lot of benefits, not just in terms of tax savings, but also as a way to manage your family’s wealth.

Let’s break it down, step by step, in simple terms.

What Exactly is a HUF?

First things first—what is an HUF? Well, HUF stands for Hindu Undivided Family.

It’s essentially a separate legal entity that is made up of family members who are lineal descendants from a common ancestor.

So, if you’re a Hindu, Sikh, Jain, or Buddhist and you have a family with shared property, you can form an HUF.

Now, why is this important for taxes? Because the HUF is treated as a separate taxpayer under the Income Tax Act.

That means it gets its PAN (Permanent Account Number) and its own set of tax deductions and exemptions, just like an individual.

How Does Forming an HUF Help in Tax Savings?

Alright, now for the real question—how does forming a HUF help you save on taxes? Here’s where things get interesting.

1. Separate Taxable Entity

When you form an HUF, it is considered a separate entity for tax purposes. That means the income earned by the HUF is taxed separately from the income of individual family members. The benefit is that you can shift some of your family’s income to the HUF, reducing your tax liability.

Let’s say you have income from a family business or ancestral property. Instead of all that income being added to your taxable income, it goes into the HUF. The HUF then pays tax on that income according to its tax slab. This can significantly reduce your overall tax burden.

2. Deductions Under Section 80C

The HUF can also claim deductions under Section 80C of the Income Tax Act, just like an individual.

This means that the HUF can invest in things like life insurance premiums, ELSS (Equity Linked Saving Schemes), or PPF (Public Provident Fund) and claim deductions up to ₹1.5 lakh in a financial year.

3. Additional Exemptions

Besides Section 80C, the HUF is entitled to other tax exemptions as well. For instance, it can claim deductions for medical insurance under Section 80D, just like an individual can.

So, if your family spends on health insurance, that deduction can also be claimed under the HUF, offering more room for tax savings.

Who Can Be Part of an HUF?

Here’s where it gets a bit more specific. An HUF is generally made up of the following members:

  • The "Karta"—is usually the senior-most male member, but after recent legal reforms, a woman can also be the Karta.
  • Coparceners—these are the direct descendants of the Karta. This includes sons, daughters, and even grandchildren.
  • Members—other family members who are not direct descendants but still belong to the family, like the wife of the Karta.

Karta is the head of the HUF and manages its assets and finances. While all coparceners have an equal share in the property, the management responsibility rests with the Karta.

Steps to Form an HUF

If you’re ready to form a HUF, it’s not that complicated. Here’s a quick guide on how to get started:

Step 1: Create a Deed

The first step in forming a HUF is to create a deed. This legal document should specify the name of the HUF, the names of its members, and the assets being contributed to the HUF.

You don’t necessarily need ancestral property to form an HUF. You can start it with a gift or some initial capital.

Step 2: Get a PAN for the HUF

Once the deed is ready, apply for a PAN in the name of the HUF. You will need this PAN for filing income tax returns, just like you would for an individual.

Step 3: Open a Bank Account

After you’ve got the PAN, you’ll need to open a bank account in the name of the HUF. All transactions related to the HUF should be carried out through this account.

What Kind of Income Can Be Assigned to an HUF?

Not all types of income can be transferred to a HUF. Typically, the HUF can earn income from ancestral property, family businesses, or assets transferred to it through a will or gift.

Keep in mind that salary income or professional income cannot be assigned to a HUF.

1. Income from Family Business

If you have a family business, its income can be credited to the HUF’s bank account. This income will be taxed separately under the HUF’s name.

2. Income from Ancestral Property

Any income generated from ancestral property can be assigned to the HUF. Whether it’s rent from property or agricultural income, it all counts.

3. Income from Investments

The HUF can also hold investments like stocks, bonds, or mutual funds. Any income from these investments—like dividends or capital gains—will be taxed under the HUF’s name.

How Can HUF Investments Maximize Tax Benefits?

You might be wondering, "What kind of investments should I make to maximize my HUF’s tax benefits?" Here’s a quick rundown of the most common tax-saving investments:

1. Public Provident Fund (PPF)

The HUF can open a PPF account and invest up to ₹1.5 lakh annually. The interest earned is tax-free, and the investment qualifies for a deduction under Section 80C.

2. National Savings Certificate (NSC)

Another good option for tax-saving is NSC. The interest on NSC is taxable, but the investment qualifies for a deduction under Section 80C.

3. Tax-Saving Fixed Deposits

Tax-saving FDs with a 5-year lock-in period are eligible for a deduction under Section 80C. However, keep in mind that the interest earned is taxable.

Should You Form a HUF?

So, should you form an HUF? The answer depends on your specific situation. If your family has significant ancestral property or a family business, it makes a lot of sense to form an HUF.

Not only can it help you save on taxes, but it also simplifies wealth management for the entire family.

Forming an HUF can offer substantial tax benefits, but it’s important to do it the right way.

Make sure you maintain proper records, follow legal requirements, and, most importantly, understand how the HUF fits into your family’s financial plan.

At Suvit, we’re here to help you manage your finances better. That’s why we’re writing about tax-saving strategies like forming an HUF!

Suvit is an accounting automation tool that helps tax professionals and certified public accountants automate their administrative tasks so they can concentrate on higher-value work.

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You May Find This Useful:

  1. Smart Tax-Saving Tips for Salaried Professionals – Keep More of Your Money
  2. How to Save Tax by Avoiding Section 40A(2)(b) of the Income Tax Act, 1961

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