- What is a HUF?
- HUF Account Rules – Features of Hindu Undivided Family (HUF)
- How to Form or create HUF
- How to Save Taxes by Building A HUF?
- What are HUF Tax Benefits?
- Advantages of the HUF
- Disadvantages of the HUF
- Frequently asked questions on HUF
- Can a HUF be formed with only female members?
- Is there a minimum number of coparceners required for HUF taxation?
- Can both the members of HUF and the HUF separately claim deductions under Section 80C?
- Does a HUF always need to be a resident of India?
- Can a woman be the head of a HUF?
- Are there any incomes not taxed for HUF?
- Who is the head of a HUF?
What is a HUF?
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 income tax return independent of its members. All individuals belonging to a Hindu family, including husbands, wives, children, their respective spouses, and their offspring, are eligible to be included in a HUF. In this structure, the male family members are referred to as coparceners, while the female family members are simply termed as members. The right to request a division of the HUF is exclusively reserved for coparceners.
HUF Account Rules – Features of Hindu Undivided Family (HUF)
- There are a few features of HUF account that makes it different from regular saving bank accounts.
- Every member of the family can deposit their income in the common corpus
- Single person’s authority while participation from entire family
- Tax benefits on deposits under various sections
- Corpus can be divided only on agreement of every coparcener of the fam
Documents required for opening HUF account:-
- HUF will have a unique PAN card; this PAN card along with the PAN of Karta should be produced.
- A declaration form will be provided where every member has to make a signature stating the name of Karta and declare
- They are the only members of HUF
- Karta to have sole authority over HUF account
- Every transaction on behalf of HUF account, made by each member of the family is governed by Karta.
- Residential proof of Karta
- Identification proof of Karta
- Apart from the points mentioned above there can be other documents or conditions depending on the bank where HUF account is opened.
How to Form or create HUF
Here are three simple steps to create a HUF:
- Step 1: Create HUF Deed Prepare the HUF Deed, which is a document that outlines the rules and guidelines of the HUF. It should include details of the Karta, coparceners, and other members of the family.
- Step 2: Apply for HUF PAN Card Obtain a PAN (Permanent Account Number) card for the HUF by applying to the Income Tax Department. The PAN card is essential for conducting financial transactions and filing tax returns on behalf of the HUF.
- Step 3: Open a Bank Account for the HUF Open a dedicated bank account in the name of the HUF. This account will be used to manage the financial transactions and funds of the HUF separately from individual members’ accounts.
Once these steps are completed, the HUF becomes a distinct legal entity. It can receive payments and hold assets in its name. Importantly, any income received by the HUF is taxed separately and not attributed to individual members of the HUF.
How to Save Taxes by Building A HUF?
- The HUF has its own Permanent Account Number (PAN) and files a separate tax return.
- A separate joint Hindu family business is created, with the HUF being a distinct entity from its members.
- Deductions under Section 80 and other applicable exemptions can be claimed in the HUF’s income tax return.
- The HUF can take out insurance policies on the lives of its members.
- Members contributing to the functioning of the HUF can be paid a salary, which is then deductible from the HUF’s income.
What are HUF Tax Benefits?
Tax benefits are one of the major HUF advantages. These include:
- Tax deductions can be availed under section 80C for the HUF account.
- Gifts up to worth Rs 50,000 will be tax-free. A father who owns a HUF account can gift a property or money of higher worth to a son who owns a smaller HUF account. The gift should specifically be for the son’s HUF. In such instances, tax benefits under sections 64(2) and 56(2) can be enjoyed.
- Corpus can be used for investment in tax-free money instruments.
Advantages of the HUF
- A Hindu Undivided family is comprised of family members running a business. Like any other organisation, there is scope for disagreements and conflicts. But since the Karta has absolute power and takes all decisions by himself, it will lead to effective management.
- Just like a company, the existence of a HUF is perpetual. The death or retirement of one member of even the Karta will not affect it, and it will continue on.
- Since the co-parceners do not have any effective control over the management of the HUF, and all power lies with the Karta, the liability of the members has also been limited to only their share of the property. This keeps the balance between power and responsibility.
- Also since all members of the HUF are relatives and members of the same family, there is a sense of loyalty and cooperation. The trust among members is also there and leads to overall cooperation.
Disadvantages of the HUF
- No outside members other than family members can be introduced to the HUF. This makes it very difficult to get additional capital from the market. With limited capital, the chances of expansion are very low. It limits the scope of the business.
- While the Karta has all the power he also has the burden of unlimited liability. This may make him overly cautious and timid in his business dealings. In turn, the business could suffer. Another factor is that he may even be held responsible for the actions of other members.
- Also, the absolute dominance of the Karta overall business and financial decisions make cause conflict among the HUF. His decisions and business acumen may be questioned by other members, and cause issues within the HUF.
Frequently asked questions on HUF
Can a HUF be formed with only female members?
Yes, according to the amendment in the Hindu Succession Act, a HUF can be formed by a Hindu widow and her unmarried daughter. The daughter has equal rights as sons and is considered a coparcener.
Is there a minimum number of coparceners required for HUF taxation?
A minimum of two coparceners is required for HUF taxation. However, a HUF can be formed with just two members.
Can both the members of HUF and the HUF separately claim deductions under Section 80C?
No, both the member and the HUF cannot claim deductions for the same investment or expense under Section 80C. The HUF, as a separate taxable entity, can claim deductions.
Does a HUF always need to be a resident of India?
No, a HUF can be a non-resident if its control and management are situated outside India.
Can a woman be the head of a HUF?
Yes, a woman can be the head of a HUF. The Delhi High Court ruled in favour of female Karta in a landmark case. However, this change has not been officially incorporated into the Income Tax Act yet.
Are there any incomes not taxed for HUF?
Yes, certain incomes such as self-acquired property transferred to the HUF without proper sale consideration, personal income of members, and ‘Stridhan’ (a woman’s absolute property) are not taxed as income of the HUF.
Who is the head of a HUF?
The head of a HUF is the senior-most male member of the family, known as the Karta.