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Amit Maheshwari (Engineer)     15 September 2010

HUF Creation

What are the documents required for creation of HUF and how can I create assets in HUF?

Amit



Learning

 7 Replies

A V Vishal (Advocate)     15 September 2010

 

 

 


 

Under the Income Tax Act, an HUF is a separate entity for the purpose of income tax return.
The same tax slabs are applicable to HUF as to individual assessee.
You can not transfer your own assets/money into HUF.
If you have ancestral property and earning some income from this property, then it is better to transfer this asset to HUF and save tax up to exemption limit applicable to individual.
You can transfer the money received on sale of ancestral property /assets into your HUF.
The income from property of HUF can be further invested in instruments such as shares, mutual funds, etc. and will be assessed under HUF.
Existence of property or multiple members is not a pre-requisite to create HUF. A family which does not own any property may still have the character of Hindu joint family. This jointness is understood in terms of faith and food. This is because as a Hindu is born as a member of the joint family.
Any gifts received by the members of HUF (birthday, marriage, etc.) can be treated as assets of HUF.
The HUF is taxable as separate person under income tax hence one can save tax from basic exemption of Rs. 1.6 lakh. HUF will also gain from the tax slab structure of computing income tax.
Apart from basic exemption of Rs. 1.6 lakh, section 80C deduction up to Rs.1 lakh is also available.

Chiranjiva Ranjan (Advocate and Tax Consultant)     15 September 2010

Simple way to create H.U.F is to make affidavit by the Karta of HuF by reflecting the assests and resources from the Ancestral Properties and Later on by  this affidavit, You can applied for PAN for filing return in the capacity of karta of HuF. In this affidavit, date of creation of HUF is necessary.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 September 2010

Only affadavit is not sufficient, you have to show actual situation how corpus has come.

Amit Maheshwari (Engineer)     16 September 2010

Thanks for all the replies. I do not have any ancestral property that I can transfer to HUF. Money received by my son from relatives on different occassions, can it be added to HUF? New application for PAN doesn't need any affidavit, it only needs date of incorporation. I was told by somebody that marriage date can be put as date of incorporation of HUF if I have the marriage certificate.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 September 2010

Unless you have ancestral property no HUF possible.

RAM DEO KAKRA (ADVOCATE )     17 September 2010

Mr VISHAL REPLIED IN DETAIL. THANKS TO MR.VISHAL AND OTHER CONTRIBUTERS. I THINK MY ENGINEER BROTHER IS MARRIED ONE . MR AMIT IF U R INTERESTED TO TAKE THE BENIFIT OF HUF KINDLY INFORM UR  DATE OF MARRIAGE AND MENTION DATE OF BIRTH OF OTHER MEMBERS SON/ DAUGHTERS OF UR FAMILY

RRRAMESHBAPU (service)     21 February 2012

My father is alive and aged about 75 years and he is will to donate/gift (cash/cheque) to me and my sons

can I create HUF '' fatherHUF"" by accpting his gift and executing an affidavit


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