• May
  • 22
  • 2012

Create HUF to save tax & Format of HUF Creation Deed

KEY POINTS IN CREATION OF HUF AND FORMAT OF DEED FOR CREATION OF HUF

1. Under the Income Tax Act, an HUF is a separate entity for the purpose of income tax return.

2. The same tax slabs are applicable to HUF as to individual assessee.

3. You can not transfer your own assets/money into HUF.

4. 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.

5. You can transfer the money received on sale of ancestral property /assets into your HUF.

6. The income from property of HUF can be further invested in instruments such as shares, mutual funds, etc. and will be assessed under HUF.

7. 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.

8. Any gifts received by the members of HUF (birthday, marriage, etc.) can be treated as assets of HUF.

9. The HUF is taxable as separate person under income tax hence one can save tax from basic exemption of Rs. 1.5 lakh. HUF will also gain from the tax slab structure of computing income tax.

10. Apart from basic exemption of Rs. 2  lakh, section 80C deduction up to Rs.1 lakh is also available.

11. For example, if you are in 30% tax bracket, then approx tax saving by creating an HUF will be as follows:

  • Basic exemption up to Rs. 2,00,000 = nil
  • Rs. 2,00,000-5,00,000 @10% = Rs. 30,000
  • Rs. 5,00,000-10,00,000 @20% = Rs. 1,00,000
  • 80C deductions Rs. 1,00,000
  • Therefore total tax payable for HUF on income of Rs. 5,00,000 is only Rs. 30,000.
  • If this income of Rs. 5,00,000 is taxed in individual hand @ 30% tax due is Rs. 1,50,000.
  • Hence, you can save a total of Rs. 1,15,000 by creating an HUF and transferring ancestral property income and other income under HUF.
12. We should also keep in mins the latest amendment vide Finance Bill 2012 by which it proposed to tax all unexplained Income in Return of Income @ 30% without giving basic Exemption limit from A.Y. 2012-13 – Read More – Budget 2012 – No Basic Exemption on Unexplained Income – To be taxed at 30 percent
FORMAT OF HUF CREATION DEEDS

FORMAT-I

DECLARATION

 

I, ____________________________ son Of ___________________________________ Residing at ____________________________________________ aged ___Adult do hereby declare-

 

  1. That I am Karta of ____________________________________________

 

  1. That I received on behalf of the H U F gift of Rs. ___________ by way of CASH/CHEAUE from my FATHER ________________________________(name of relative of karta of HUF)   on  dt. _______________ this formed the corpus of the HUF.

 

  1. That the HUF at present is consisting of the followings members-

                                    

 

I)                   Shri _____________________, Adult, Residing at _________________

II)                 Smt. _____________________, Adult, Residing at _________________

III)              Kumari _________________-Minor, Residing at ___________________

 

  1. That the above statements are true to the best of my knowledge & belief. Declare this on  _________________

 

WITNESS:                                                                              Signature

 

 

1. ————————————–

                                                                                  ————————————

2. ————————————–                                   (_____________________)

—————————————————————————————————-

—————————————————————————————————————-

FORMAT- II

[To be executed on Rs. 200 Stamp Paper in Maharashtra]

 DECLARATION OF GIFT MADE BY ________________________

TO THE HINDU UNDIVIDED FAMILY OF ___________________

I, _____________________________, residing at _______________________ ____________________________________________________________, do hereby declare and affirm as under:

1.       That out of natural love and affection borne by me towards the Hindu Undivided Family of ______________________________,  I have made a gift of Rs.______ (Rupees _________________ only) as per the following details:

 

By Cheque No.________, dated __________, drawn on Bank ____________________,  ________________ Branch, in favour of ________________________ HUF.

2.       The above Gift has been duly accepted by ________________________,  as Karta of his Hindu Undivided Family and has been duly acknowledged hereunder.

 

3.       This Declaration of Gift is made to record the fact that I have made this Gift in favour of the Donee as above, who now has the absolute right, title and interest in the gifted amount.

 

Date: ___________, 200__                                 ___________________

 

                                                                        (Signature of the Donor)

 

 

ACKNOWLEDGEMENT OF GIFT

 I, ________________________, hereby acknowledge having received the above gift made to my Hindu Undivided Family by _________________________.

                                                                       

Date: ___________, 200__                                 ___________________

                                                                        (Signature of the Donee
                                                                        as Karta of his HUF)


77 Responses to “Create HUF to save tax & Format of HUF Creation Deed”

  1. Gaurav Chhipa says:

    SIR
    My father is in Govt Job. My younger brother started business. Now we can make a HUF in name of my father along with Govt. job.

  2. Rajiv A Punjabhi says:

    Dear Sir.
    My question is that my father in law has given a gift (in the form of cheque) to my my daughter i.e. his grand daughter from his HUF account.
    Is that amount taxable?
    Kindly clarify.
    Regards
    Rajiv A Punjabhi
    rajivapunjabhi@yahoo.com

  3. ASHISH KAMTHANIA says:

    NAMASKAR SIR,

    I AM ADVOCATE AND MY WIFE IS A GOVT. TEACHER, I HAVE 3 CHILDREN (1.ARNIMA FEMALE AGE 11YEAR, 2.ARYAM MALE AGE 8 AND 3 SIDDHI FEMALE 3 YEAR).

    NOW I WANT TO FORM HUF AND I WILL BE THE KARTA OF THE HUF…… MY QUESTION IS AS FOLLOWS :

    1. MAY I FORM HUF ?
    2. I WILL BE THE KARTA?
    3. CAN WE (ME AND MY WIFE) CAN GIFT TO HUF? AND HOW MUCH? THERE IS ANY LIMIT?
    4. INCOME FROM HUF IS CLUBBED IN ANY OF US (ME AND MY WIFE) ?

    THANKS AND REGARDS

    (ASHISH KAMTHANIA)
    9258010105
    KAMTHANIYA@GMAIL.COM

  4. Bijay Kumar Das says:

    can HUF give a gift to one of the members of HUF

  5. CS Ravi Aggarwal says:

    I Want to create a HUF Constitution Deed & I am facing littlebit issue to decide Format of HUF Constitution Deed, please let me know if any format of deed but without any gift transaction enter it.

  6. vinod says:

    I am retiring this month. how can i form huf.what formalties wiil have to be done. can i transfer my funds to HUF even being KARTAand invest that money in Bank FDs. what will be its taxibility as an individual and that of Karta

  7. vinod says:

    I am retiring this month. how can i form huf.what formalties wiil have to be done. can i transfer my funds to HUF even being KARTA

  8. PRANJL says:

    Sir,
    Can a government servant create an HUF to get tax benefits from bank’s fixed deposits?

  9. manish says:

    sir, presently i do our propritorship bussiness, cai i make huf firm by in the name of me, ihave wife, with 2 childrens. please suggest me

  10. sumit says:

    1- I already have a HUF, pan card and an account but never got the deed. Can i still get the deed done? Do i need to get the deed?
    * Do I need to get it done on Stamp Paper or on a plain paper as shown in the format. Please advise me how to execute it ?
    2- Want to know that Vikram Shah Individual can give git to Vikram Shah HUF ??

    if any tax applicable or not ??
    3- If Individual can gift to HUF than what is Maximum Limit for the gift

    Sumit

  11. sumit says:

    Hi,

    1- I already have a HUF, pan card and an account but never got the deed. Can i still get the deed done? Do i need to get the deed?
    * Do I need to get it done on Stamp Paper or on a plain paper as shown in the format. Please advise me how to execute it ?
    2- Want to know that Vikram Shah Individual can give git to Vikram Shah HUF ??

    if any tax applicable or not ??
    3- If Individual can gift to HUF than what is Maximum Limit for the gift

    Sumit

  12. VIkram Shah says:

    Dear Sir,

    If Individual can gift to HUF than what is Maximum Limit for the gift

    Vikram Shah
    Surat

  13. VIkram Shah says:

    Dear Sir,

    I Want to know that Vikram Shah Individual can give git to Vikram Shah HUF ??

    if any tax applicable or not ???

    Please reply thanks

  14. CA Aditya Chandak says:

    Dear Ashok,

    Yup one can definitely gift to his HUF. Cheers. :)

    Thanks

  15. CA Aditya Chandak says:

    Dear Bibek,

    Its not the high time, don’t worry, u can still do ur HUF deed done.

    Thanks & Regards

  16. CA Aditya Chandak says:

    Dear Sandeep,

    U can definitely do that until n unless ur job appointment letter restrained u from such act.. :)

    Thanks

  17. SANDEEP says:

    SIR
    My father,mother and me are in Govt Job. My younger brother started business with one crore rupees. Now we can make a HUF in name of my father and make business jointly along with my govt. service.

  18. bibek ranjan says:

    Dear Sir,
    I already have a HUF, pan card and an account but never got the deed. Can i still get the deed done? Do i need to get the deed?
    * Do I need to get it done on Stamp Paper or on a plain paper as shown in the format. Please advise me how to execute it,Please sent a format. ?

    Please advise

  19. Ashok Kumar Goyal says:

    One Question
    Can gift give Anil Kumar to Anil Kumar Huf for New Huf file creating,
    means self can give to self karta for new huf file.
    thanks

  20. PRAMOD says:

    Dear All,

    I am a karta of HUF, a operation a firm under HUF in name of M/s Shree Ganesh Engineers & Cosnultants. I want to obtail TAN number in name of my firm. Kindly advice procedures for same.
    Regards,

  21. Pravin Jadhav says:

    I am a salaried person & want to create HUF to run a business. However, my father is no more & there was no HUF before in my family. Can I form HUF? and how?

  22. Surendra says:

    I have a HUF status and the family consists of self (Karta), wife and two married daughters. Married daughters are copancers as per amended act of 2005. Can the HUF continue after my death ? IF so, can my daughter be Karta ??

  23. Charu says:

    My husband is a salaried employee and we have one son. Can we form a HUF?. We don’t have any business income and do not have any ancestral property

  24. Pavan Upadhyay says:

    Dear Sir,
     Can i transfer or Gift funds from my individual income tax file to my HUF File to avoid tax.  i want to make my individual file empty.

    Please suggest me.

    Thanks & Regards
    Pavan Upadhyay

  25. ASHISH AGRAWAL says:

    SANDEEP JI
    our case is in SRUTINY in which assessee is huf shown as income commission as 500000/- apart from trading income of KEROSINE . A.O wants to add commission income 500000/- in individual capacity and taxed 30 % .PL HELP US WITH SUITABLE CASE LAWS.

  26. B N Patel says:

    Dear sir,

    I want to disolve my HUF form before 25 years,benefisiary are my son and two daughter all are major.

    Huf also have some agricalture land, can I as a karta dissolve ,sign and execute partition. My question,do I need signature of beneficiary or not..

    Please reply on priority .

    Thanks

    B N Patel

  27. Sanjay says:

    Dear Sir

    I have some question about My Income tax return file.

    1. I take pan card No. 2009
    2. Till Date i not income tax return file due to my income is not taxable up to 31.03.2011

    3. I married on Jan 2007 and that time i got aproximate 28 lac cash gift and 20grm Glod items and 8-9Kg silver items. as on marrige Reseption day throw all my friends,relative more than 700-800 member and i recived blesing with my faimaly and my spouse faimly with cash gift as per Hindu marrige custom after marrige giveing by faimly and friends. when i ask to charted accountant he say marrige gift is tax free so you not requier Tax return file.
    and i not file.

    4. I recived Cash gift by my Uncle( Father’s brother) Rs. 951000/- on 2005.
    5. I received cash gift from my mother-in-law Rs. 1100000/- on the time of my doughter brith. 6. Year 2007 i recived cash gift from my father&mother Rs. 25lac. 7. i start lease-licence base agriculture work 45Bigha land and i got 22lac loss in two year for the year 2008-09/200910 . 8. This year i start business and i pay 10lac advance tax. 9. I want to income tax return file for last 5year from 2007-08 to 2011-12 how i file pl. gide me.

  28. N K Tomar says:

    Sir
    My father expired on 6.11.2010 & he was having ag.land in his name.after trf. the above property in my name,can I create HUF from that date.I am married & having 1 son also.I am today only individual assessee only & want to create HUF after father death.Please answer ,its urgent.The ag. land was priveously in name of my grandfather, then to father & now to my name. Is it necessary to transfer ag. land in the name of so created HUF? if yes, how?

  29. Piyush says:

    I am the karta of my fathers HUF. Now if i want to start an HUF of my own is it possible for one person to be karta for two HUF accounts.
    Am getting varied opinions from different Chartered accountants. Thks

  30. Nath says:

    I’m the Kartha and have an HUF a/c.
    Various deposits have been made by my parents to this a/c as gifts. I have never made an deed so far for opening or operating this a/c (HUF creation deed) nor has any ‘Declaration of gift’ ever been made as the bank never asked for same.
    Kindly confirm if both these documents need to be issued for every transcation.

  31. R.P.Mukherjee says:

    Can any Hindu adult Male create HUF ? Whether a Bengali Bramhin Adult Male will be able to create HUF ? Please advise.

  32. Deepesh says:

    Sir I want to create HUF of my father and my mother has a house property in her individual name. I also have a sister who is married. whether the property in my mother’s name get automatically converted into HUF property and After the death of my mother is it possible that my sister claims the partition out of the said propery, my mother also has a will to transfer the property in my name and the will is registered

  33. CA. Bhavesh Savla says:

    Dear Sir

    With due respect, I do not think that any deed is required to form an HUF. A HUF is created after marriage and one can receive gifts from anyone. In fact  

  34. himanshu shah says:

    how a salaried person can get benefited with HUF I am any way having tax deducted at source by 30 % Please guide???

  35. mallikarjun says:

    I have taken tax free loan from my dad from his retirement benfits by cheque which i have not paid back. I have put my funds in my huf as tax free loans which can be clubbed under section 64(2) so can i make adeed by my father saying my dad has given the loan amount paid to me as gift to my HUF from date of huf formation. and the rest money which i have given to huf can i make a gift deed by myself karta to my huf and avoid clubbing provision.Give me ur email id or contact no for any further consultancy.

  36. Mukund Surana says:

    You can invest 1 Lac in Mutual Fund Tax Plan & enjoy 80 cc benifit

  37. Mukund Surana says:

    Sir,
    That my friend had no parents this time.i want to know than how can he creats huf. they are total 4 members infamily 2+2.
    kindly reply

  38. Narendra teli says:

    dear,
    you have given loan to your huf account. Further HUF diposited it into FD or Bank account. It is clear that you transfer your fund/assets to HUF without any or sufician considration so it is your own fund. Subsequently section 64(2) will apply to you. and interest income will be included to you. you self liable to pay tax on interest if your net income is more than limite.
    furthe you asked that if HUF has not taxable income than it is essential or not to file return. the section 139(1) says that any indivisual, HUF has net income more than exemption limite is lible to file Income Tax Return. in your case HUF has income not more than exemption limite so you not lible to file return.

  39. mallikarjun says:

    sir,
    I have a huf account and given interest free loan to my huf account. which my huf has fixed deposit in bank. will there be interest clubbing provision for me in future. also my huf income is less than tax slab so i have not return file for it. pls advice.

  40. Rajeshwar Datt says:

    Dear Sir !
    Can you give the complete details on Formation & running of HUF

  41. muralidhar says:

    I am married with two sons. if i want to have HUF Status. need i have to register with any regulatory or are there any formats , how do i open abank Account and register myself as an asseesse under IT act as HUf

  42. Sonal says:

    Sir,
    I would like to ask, if suppose a person doesnot have a son, can he not create an HUF? If answer is in affirmative, then what are the basics requirements that need to be fulfilled?

  43. Nitaj says:

    Hi,

    I already have a HUF, pan card and an account but never got the deed. Can i still get the deed done? Do i need to get the deed?
    * Do I need to get it done on Stamp Paper or on a plain paper as shown in the format. Please advise me how to execute it ?
    * I dont live in Maharashtra, do i still need to get the DECLARATION OF GIFT MADE?
    The ammount was gifted two years back.

    Please advise

  44. admin says:

    To avoid future litigation’s its better to pay from individual account only.

  45. Kuashal says:

    Dear Mr. Sandeep,

    i am having my single and HUF account in HDFC Bank. i would like to have internet banking which include my both account. Now can i transfer my HUF money into my individual account legally. Please guide urgently.

  46. Kiran says:

    Dear Sir,

    I am getting Income by commission on sale. Can I split the same income in HUF and Indiviual returns ????

    Is any problem on spliting income from Income tax point of view ???

  47. Aman Gupta says:

    I have existing H.U.F account formed in 2006.I want to know can my mother who is also member of HUF can gift to
    my HUf account what would be the tax implications.

  48. rahul says:

    purana HO GAya…………..
    update karo

  49. MANOJ says:

    cab karta or head of family gift any amount to HUF and in the gift deed what he will write for HUF name. suppose mr. ram is married and wants to create HUF. ram wants to gift rs. 10,00,000 to huf. now in the gift deed what ram will write.

  50. admin says:

    Why dont you post your question to expert section . Where our expert reply to the questions posted to them

  51. Hema says:

    I appreciate your motive and understand your difficulty Sir! Just wanted to know the time frame to expect the answer.
    All the Best! Thank You.

  52. admin says:

    Hi- Maintaining such a big site with no profit motive takes a lots of time so its not possible for me to reply all the questions. Kindly bare with me.

  53. Hema says:

    When will the admin of this site reply?

  54. Hema says:

    Can an Individual give personal Asset to his own HUF and create HUF? For Ex: Mr. X gives say 1 lac Re. as Gift to Mr. X’s HUF. X’s HUF consists of Mr.X, Mrs. X, Daughter.
    Pl advice.

  55. mahendra joshi says:

    i want to creat my on huf can i creat by gifting my personnel assets into my huf assets.

  56. Himanshu says:

    a family business carried by father and a son & family consist of wives of above & grand children
    can they form HUF?

  57. Himanshu says:

    In HUF if Karta is senior citizen then what will be slab?
    Is it same as senior citizen, i.e. Exempted upto 2.4 lakh
    reply

  58. HIREN PANDYA says:

    In my family, have myself, my wife and one daughter. So, can I create HUF ? There are only three members including karta. Out of one is only daughter.

  59. vivekanand says:

    i want a loan on my huf from a bank can i have it without any collateral security for my day to day business

  60. Paresh Ravaya says:

    my friend father expired on 2/3/2010 & he was having ag.land in his name.after trf. the above property in my friends name,can he create HUF from that date.He is married & having 2 sons also.He is today only individual assessee only & want to create HUF after father death.Please answer ,its urgent.The ag. land was priveously in name of my friends grandfather, then to father & now to his name.

  61. Mohan says:

    I want to know where can a HUF save in regards to section 80c (1 lakh) tax savings. i know we can take NSC but what other can be taken.

  62. suresh says:

    Thanks for sharing such a information

  63. T.K.Kumar says:

    whether Declaration, Declaration of gift made, Acknowledgement are required to be executed on non-judicial stamp paper and what values at Noida (U.P.)? Till HUF is formed, can Karta open savings a/c in a bank anf have PAN?

  64. Anbu says:

    I am creating a HUF with my wife, son and daughter. My wife and her grand mother are legal heirs for my in-law properties and shares. In law has immovable property and shares. Both mother-in law and father-in law were passed away. My question is, can i attach/take the assets from in-laws into the newly created HUF?

  65. suman doshi says:

    Thanks for detailed information on HUF. May I know one thing ? My father’s HUF is going to be dissolved & partitioned. He has three major sons, their wives, gransons, their wives. Will all these members get the share ? Father really wants to distribute HUF’s assets in above manner.

  66. YASHPAL says:

    hi thanks for info.can karta and head of huf gift to huf from hid assests.thanks

  67. Child Not Required to create huf:- As per Guwahati High court in the case of Arjun Kumar Jhunjhunwalla & Sons(1997) a Single male member, after marriage can form HUF.

    Even with daughter you can form huf:- Even in SC in Surjit Lal Chhabda case has ruled that Male member with wife and unmarried daughter can form HUF.

    Also in Madras High Court in the case of R. Subramania Iyer opined that “…Creation of Hindu Undivided Family is a God Gifted phenomenon. As soon as a married Hindu gets a Child, a new HUF, undisputadely comes into existence.

  68. saurabh jain says:

    I am a married man ,i did not hve any child yet can i make huf for my self. please let me know about the rules how to make huf firm so that zi can tell to my c.a ,as he says that I can not make my huf firm if I did not have any child.

  69. B.K.ARORA says:

    I purchased a flat in Delhi through bank loan, which is now fully paid. The flat is on rent, the income is added with my salary income and taxed. Now I want to create HUF and want to gift this flat to my HUF. Is it possible and how?

  70. Sunil Mohta says:

    Dear sir,
    my father died on august 2006,
    my three sisters were married before the year 2001,are they still the co parcenors in my fathers h.u.f property,as per the new amendment of 9.9.2005

  71. Dear Umesh ,
    Please read our article on gift from relative available at following link :- GOT A GIFT FROM A RELATIVE ? NO TAX ON IT

  72. Umesh says:

    Hi Sandeep,

    Thanks for reply. What is the limit of Gift that i or my any relative can give to my huf ?

    Thanks in advance.

  73. If you give Loan as Interest Free then it should be out of your interest free fund. Although clubbing provisions not applicable in respect of Loan by Individual to Huf but ITO is surely add the same to income of Individual.

    Instead of giving loan you gift the amount to HUF and it will not have any effect on your Income Tax Return.

    HUF being a group of Individuals can not have any blood relations , however the existance of HUF is based on existence of Individuals. Without Individuals there cannot be any HUF . As such , in my view the word Relative used in section is also in relation with HUF and gift received from any relative of any member of HUF should not be taxable .

  74. Umesh says:

    Dear sir,

    I want to creat HUF A/c. I do not have anyone to gift for my HUF. Can I (karta) give Interest Free loan to my HUF A/c ? If yes, then the bank interest earned by huf will only taxable, if there is no other income/business ? Also what will be effect on my individual IT return ?

    Pl reply.
    Thanks in advance.

  75. Sandeep Kanoi says:

    I am not been able to understand what actually you need. Do u need some more info on HUF?

  76. HUF accounts provide additional tax saving for those families with income from ancestral properties…I would like to downlowad these articles/formats..can I get it..?

  77. I need to download the format and the features of HUF accounts..Can I get it..?

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