Skip to main content

A WILL can save you lot of tax

Download Tax Saving Mutual Fund Application Forms

Invest In Tax Saving Mutual Funds Online

Buy Gold Mutual Funds

Leave a missed Call on

94 8300 8300

 




Many tax advantages are possible only through a Will. For example, a separate income-tax file for a Hindu undivided family can be established by transfer of property through a Will. Similarly, bequests can be made to minor children and minor grand children through a Will in a manner such there is no clubbing of income under the provision of Section 64(1). Transfer of assets can be made by Will to one's wife or one's daughter-in-law without any consideration and without attracting the clubbing provisions of Section 64 (1). Where a person is interested in the creation of a charitable trust or the transfer of property after his demise for the benefit of the public for charitable purposes, this, too, can easily be done through the Will. The different tax planning aspects through Will are described below in some detail.

 

1. Tax saving by creating a Hindu Undivided Family (HUF) through a Will

One of the important means of tax planning which can be adopted through a Will is the creation of a Hindu Undivided Family (HUF). Under the provisions of Section 64(2) of the Income-tax Act, 1961 where a member of a Hindu family impresses his self- acquired property with the character of a joint family property, the income therefrom is to be clubbed with his other income. This disadvantage can be overcome by transfer of property in favour of the coparcenery of a Hindu governed by the Mitkshara School of Hindu Law so that a separate Hindu undivided family (HUF) comes into existence which is recognised as an independent and separate taxable entity under the Income-tax law.For example, let us assume that you wish to transfer certain property to your son, his wife and his children. One can then make a Will and transfer the property to the Hindu Undivided Family of one's son, stipulating in unequivocal terms that the property transferred would belong only to the son's Hindu undivided family and not to individual family members. The property would then get bequeathed to the Hindu undivided family which would be a separate tax entity. The newly-created HUF would be able to enjoy separate exemption limit applicable to an individual taxpayer under the Finance Act for the time being in force.

 

2. Tax Planning for bequests to minor children or grand children through a Will

 

Under the provisions of Section 64(1) if a person makes a gift to his minor children, minor grand children (paternal side) then the income accruing or arising to the minor children or minor grand children (other than disabled children) as the case may be, would be clubbed with the income of the donor. This would not, however, be the case if one were to make a bequest to one's minor children or minor grand children through a Will.

 

The reason is obvious. After the demise of the testator, the assets given to the minor child would result into separate funds of the minor child, income from which would not be clubbed once the minor attains majority. It is possible to avoid clubbing of income of the minor by setting the funds to a trust for the minor based on the principles of a Supreme Court decision [CIT vs. Mr. Doshi, (1995) 211 AIR 1 (SC)]. Thus, a Will can be adopted as a proper device for transfer of property by way of bequest through a Will leading to a lot of tax saving.

 

3. Tax planning for transfer of funds to one's spouse through Will

 

During a taxpayer's life-time any gifts made to one's spouse are liable to be included in the income of the donor under the provisions of Section 64(1). However, when bequests are made in favour of one's spouse through a Will, obviously there is no question of clubbing of income. This can result in a lot of tax saving. With the abolition of the estate duty this device, as well as other modes of transfer of property through Wills can be very profitably adopted.

 

4. Tax Planning for transfer to daughter-in-law by a Will

 

Under the provisions of Sections 64(1)(vi) and (viii) of the Income-tax Act, 1961 it is provided that where a transfer of property is made in favour of the daughter-in-law either directly or for her benefit to the trustees of a trust, the income from the transferred assets would be clubbed with the income of the donor. This handicap can, however, be overcome through the Will. Thus, a bequest can be made in favour of one's daughter-in law, so as to confer on her an absolute title, and make her a taxable entity if she is not already one, after the testator's demise. There would not be any clubbing of the income of the daughter-in-law with the income of the executor to the estate of the deceased person after the testator's death.

For further information contact Prajna Capital on 94 8300 8300 by leaving a missed call

Leave a missed Call on 94 8300 8300

Leave your comment with mail ID and we will answer them

OR

You can write back to us at

PrajnaCapital [at] Gmail [dot] Com

---------------------------------------------

Invest Mutual Funds Online

Invest Any Mutual Fund Online

Download Mutual Fund Application Forms from all AMCs

Download Mutual Any Fund Application Forms

---------------------------------------------

Best Performing Mutual Funds

    1. Largecap Funds Invest Online
      1. DSP BlackRock Top 100 Fund
      2. ICICI Prudential Focused Blue Chip Fund
      3. Franklin India Bluechip
      4. ICICI Prudential Top 100 Fund

B. Large and Midcap Funds Invest Online

      1. ICICI Prudential Dynamic Plan
      2. HDFC Top 200 Fund
      3. UTI Dividend Yield Fund
      4. Birla Sun Life Front Line Equity Fund
      5. Franklin India Prima

C. Mid and SmallCap Funds Invest Online

      1. Reliance Equity Opportunities Fund
      2. DSP BlackRock Small & Midcap Fund
      3. Sundaram Select Midcap
      4. IDFC Premier Equity Fund
      5. Birla Sun Life Dividend Yield Plus
      6. SBI Emerging Businesses Fund
      7. HDFC Mid-Cap Opportunities Fund
      8. ICICI Prudential Discovery Fund

D. Small and MicroCap Funds Invest Online

      1. DSP BlackRock MicroCap Fund

2.Franklin India Smaller Companies

E. Sector Funds Invest Online

      1. Reliance Banking Fund
      2. Reliance Banking Fund
      3. ICICI Prudential Banking and Financial Services Fund

F. Tax Saver Mutual Funds Invest Online

1. ICICI Prudential Tax Plan

2. HDFC Taxsaver

      1. DSP BlackRock Tax Saver Fund
      2. Reliance Tax Saver (ELSS) Fund

G. Gold Mutual Funds Invest Online

      1. Relaince Gold Savings Fund
      2. ICICI Prudential Regular Gold Savings Fund
      3. HDFC Gold Fund
      4. Birla Sun Life Gold

H. International funds Invest Online

1. Birla Sun Life International Equity Plan A

2. DSP BlackRock US Flexible Equity

3. FT India Feeder Franklin US Opportunities

4. ICICI Prudential US Bluechip Equity

5. Motilal Oswal MOSt Shares NASDAQ-100 ETF

Popular posts from this blog

Understanding Your Cibil Credit Information Report

   WE ARE all familiar with the anxiety and uncertainty that we feel when applying for a loan. After all, it's the lender who decides whether we can own our dream home, our first car, or whether our children can pursue higher education. In a nutshell, a better life depends on the lender's decisions.    While other factors do play a part in the lender's decision, the Cibil Credit Information Report ( CIR ) plays a crucial role in a lender's decision to approve a loan application.    Previously, lenders would treat all loan seekers equally. Each applicant, if approved by the lender's internal credit policy, would be charged at the same interest rate for a particular loan size and purpose. The lenders would charge a higher interest rate to all the borrowers, in order to compensate for the possible default of a small portion of the loan disbursed. In other words, it's like a professor (the lender) punishing an entire class (borrowers) for the mischief played b...

Myths about Exchange Traded Funds (ETFs)

1) ETFs Are Similar to Individual Stocks: Like MFs, ETF consist of an underlying portfolio of securities that's designed to follow a specific index or investment strategy. Hence, they are as diversified as various mutual funds. 2) ETFs Only Invest in Equity: Since they are listed on the exchange, the general belief is that ETF only consists of equity asset class. Globally, ETFs are available across asset classes – equity, debt, commodities, real estate and so on. In fact, over the past couple of years, India has also seen the emergence of Gold ETFs. 3) All ETFs Are Index Funds: ETF started as a fund which used to track indices and hence they were branded as index funds that are listed. However, ETFs have progressed rapidly and are no longer associated only with passive index funds. Globally, we have seen the launch of actively-managed ETFs. In India, also we recently saw the emer gence of fundamentally-weighted ETFs on Nifty, which busts the myth that ETFs are index funds and can...

What are the factors affect the changes in Interest Rate of Fixed Deposits?

  What are the factors affect the changes in rate of Fixed Deposits? Fixed Deposits are now considered to be a very old fashioned method of saving, but still attract many investors since they have guaranteed returns at the end of the tenure of the investment at a decent interest rate. There are various factors that affect the rates of interest for a Fixed Deposit. Policies of the Reserve Bank of India   - The several norms and restrictions posed by the Reserve Bank of India , in order to gain optimum control over credit and inflow and outflow of fund throughout the country. The repo rate changes, cash reserve ration tends to change and these changes affect the banking products like Fixed Deposits, loans etc. Recession   - When unemployment in a country crosses the benchmark set Recession hits, and slowly the country faces an economic slow movement, affecting the purchasing power of the people in the country, forcing the Reserve Bank of India to release more funds in the financial marke...

REC Tax Free Bond Issue

Tax Saving Mutual Funds Online Current open Infra Bond Application form   Download REC Tax Free Bond Application Forms REC (Rural Electrification Corporation) is going to issue tax free bonds and the issue will open on March 6 2012 and will close on the 12th of March 2012 When you buy 80CCF infrastructure bonds, the amount you invest in those bonds get reduced from your taxable income but in these bonds that's not going to be the case. The interest on these bonds will be tax free and they are similar to the other tax free bonds like the HUDCO, NHAI and PFC issues. For the two of you interested in knowing this – these bonds are tax free under Section 10(15)(iv)(h) of the Income Tax Act. Now on to the issue itself and let's start with the high credit rating that the issue has got. The REC tax free bond issue has been given the highest rating by all issuers since the government owns the majority stake (66.8%) in REC, it has been consistently profit making,  this is a se...

Mutual Fund Review: ING Dividend Yield

  ING Dividend Yield's small assets enable the fund manager to churn in impressive returns… Strategy The aim of the fund is to invest in stocks which offer a high dividend yield. This fund deploys a value based strategy which aims to gain from investing in fundamentally strong and free cash flow generating businesses. The scheme focuses not only on growth but also on the cash generated by the business, which mostly leads to stable returns even in volatile markets. This fund has a low volatility because of its investment in high yielding stocks. The scheme tries to include stocks that yield dividend above the dividend yield of the Nifty and stocks with liquidity, which throws up a universe of 150 stocks.   Our View Launched in October 2005, this fund invests at least 65 per cent of its assets in high dividend yield stocks. The fund has consistently maintained a mix of stocks across varying market capitalisation, with a higher tilt to mid caps compared to small caps. Howev...
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now