Clubbing of Income from Assets Transferred to a Person for the Benefit of Son’s Wife

Provisions under section 64(1)(viii) Clubbing provisions on the Income from Assets Transferred to a Person tor the Benefit of Son’s Wife 

By the virtue of section 64(1)(viii) where an individual (assessee) has transferred an asset to any person or AOP (association of persons) for the benefit of his or her son’s wife without any adequate consideration then the income deriving or the profit generated from such transferred asset shall be taxable income of that individual (assessee).

Section 64(1)(viii) of the Income Tax Act, is applicable if the following conditions are satisfied— 

• 1st Condition:The assessee is an individual taxpayer.
• 2nd Condition 2: The assessee has transferred an asset after 31st of May, 1973.
• 3rd Condition: The said asset is transferred to any person or an AOP (Association of Person).
• 4th Condition:The transfer of the asset may be direct or indirect.
• 5th Condition:The said transfer of the asset is for the immediate or deferred benefit of his/her Son’s Wife.
• 6th Condition:The asset is transferred for inadequate consideration.

If the aforesaid conditions are satisfied, then the income arising from the said transferred asset to the extent of such benefit is clubbed in the income of the person (taxpayer) who has transferred the asset.

For instance, Amit is a resident of the UK and his son Sumit stays in Mumbai along with Sweta (Wife of Sumit). Amit transfers an asset worth rupees 10 lakhs without adequate consideration to Anand and in return Anand will rent out the asset and the rent will be transferred to Sweta (wife of Sumit). The rental income deriving from the asset will be clubbed in the income of Amit.

The provision of clubbing under this section is applicable only if the transferor (assessee) is an individual (i.e., husband or wife). If the transferor is a person other than an individual then the above provisions shall not be applicable.

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