HUF means Hindu Undivided Family. You can save taxes by creating a family unit and pooling in assets to form a HUF. HUF is taxed separately from its members. A Hindu family can come together and form a HUF. Buddhists, Jains, and Sikhs can also form an HUF. HUF has its own PAN and files tax returns independent of its members.
Members of the HUF are called coparceners. They are related to each other and to the head of the family. HUF may contain many members, but members within four generations, including the head of the family (Karta), are called co-parceners. A Hindu Coparcenary includes those persons who acquire an interest in joint family property by birth. Earlier, only males were considered as coparceners. With effect from 6th September 2005, daughters have also been accorded coparcenary status. It may be noted that only the coparceners have a right to partition.
A daughter of a coparcener by birth shall become a coparcener in her own right in the same manner as the son. Being a coparcener, she can claim the partition of assets of the family.
Resident: A HUF would be resident in India if the control and management of its affairs is situated wholly or partially in India.
Non-Resident: If the control and management is situated wholly outside India, it would become a non-resident.
Resident and ordinarily resident/ Resident but not ordinarily resident:
If Karta of resident HUF satisfies both the following additional conditions (as applicable in the case of an individual) then resident HUF will be resident and ordinarily resident; otherwise, it will be resident but not ordinarily resident.
A HUF is taxed separately from its members. Therefore, it can claim deductions or exemptions allowed under the tax laws separately. For example, if you and your spouse along with your 2 children decide to create an HUF, all four of you as well as the HUF can claim a deduction for Section 80C. HUF is usually used by families as a means to build assets. Let’s understand in detail.
Let’s understand how an HUF is taxed with an example – After the death of his father, Mr Rajesh Chopra decides to start a HUF with his wife, son, and daughter as members. Since Mr Chopra had no siblings, the property held by his father was transferred in the name of the HUF. The property held by late Mr Chopra earns an annual rent of Rs 7.5 lakhs. Mr Rajesh Chopra has an income from salary of Rs 20 lakh. By creating a HUF, Mr Chopra can save tax, see below.
Income from various sources | Individual's Return | HUF's Return | |
Income of Mr. Chopra before formation of HUF | Income of Mr. Chopra after formation of HUF | Income of HUF | |
A) Salary | 20,00,000 | 20,00,000 | |
B) House property rent | 7,50,000 | – | 7,50,000 |
C) Standard deduction on house property (30% of 7,50,000) | (2,25,000) | – | (2,25,000) |
D) Income from house property (B-C) | 5,25,000 | – | 5,25,000 |
Total taxable income (A+D) | 25,25,000 | 20,00,000 | 5,25,000 |
Section 80C | (1,50,000) | (1,50,000) | (1,50,000) |
Net taxable income (E-F) | 23,75,000 | 18,50,000 | 3,75,000 |
Tax payable (calculations based on Slab rates of the old regime including health and education cess of 4%) | 5,46,000 | 3,82,200 | 6,500 |
Total tax paid by Mr. Chopra | 5,46,000 |
Total tax paid by Mr. Chopra & HUF | 3,88,700 |
Tax saving due to forming an HUF | 1,57,300 |
Due to this tax arrangement, Mr Chopra saved tax of Rs 1,57,300. Both HUF and Mr Chopra (as well as other members of the HUF) can claim a deduction under section 80C. Furthermore, the income of the HUF can be invested by the HUF and will continue to be taxed in the hands of the HUF.
Need help with estimating your taxes as an HUF? Our CAs can help you
While there are tax advantages of forming an HUF, you must also meet some conditions –
Though HUF seems like the perfect way to save tax as a family, it comes with its own drawbacks.
Equal rights of members: The greatest disadvantage of opening a HUF is that its members have equal rights on the property. The common property cannot be sold without the concurrence of all the members. Any additions to the family, by way of birth or marriage, become a member of the HUF and get equal rights. A HUF can get too large to manage.
Partition: Perhaps the worst nightmare of opening a HUF is closing it down. The only way a HUF can be dissolved is by a partition. All members have to agree to dissolve the HUF. Under a partition, assets are distributed to members which can lead to a lot of disputes and can be a lot of legal hassle.
Joint family system losing relevance: HUF was recognised as a separate taxable entity by the income tax department. However, in today’s times, where nuclear families are the norm, HUF is losing relevance. Several cases have come to fore where couples or families are fighting it out on common household expenses, forget the pool in of assets. Divorce rates are rising and therefore, HUF as a tax vehicle is losing importance.
HUF continues to be assessed as such till partition: Once a HUF is formed, you must continue to file its tax returns, unless a partition takes place. Any claim for partition is made to the assessing officer. The assessing officer, on receiving such a claim, must make an enquiry after giving due notice to the members. Income from the property which was partitioned is taxed as individual income of the member. If the member forms another HUF with his wife and children, the income of the property which was transferred from the original HUF is taxed in the hands of new HUF.
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