Wednesday, 2 December 2015

DIRECT TAXATION - CLUBBING PROVISIONS

Section
Person whose income to be clubbed
Nature of income to be clubbed
Person in whose hands to be clubbed
Deduction
64(1)(ii)
Spouse
Salary, commission, fees, remuneration from concern where individual has substantial interest. If spouse possesses technical/professional qualification and income is solely attributable to the application of such knowledge, it is not to be clubbed.
Spouse having substantial interest in the concern

64(1)(iv)
Spouse
From assets transferred to spouse for inadequate consideration other than (i) transfer under an agreement to live apart, or (ii) an income from house property includible u/s. 27(i). Interest on capital contributed in the firm out of the transferred funds will however, be clubbed. Where assets transferred are invested in any business, income arising out of the business shall be taxed in proportionately.
Transferor

64(1)(vi)
Son's wife
From assets transferred (after 1-6-1973) to son’s wife for inadequate consideration. Interest on capital contributed in the firm out of the transferred funds will however be clubbed. Where assets transferred are invested in any business, income arising out of the business shall be taxed in proportionately
Transferor

64(1)(vii)
Spouse
Income for immediate or deferred benefit of spouse from assets transferred for inadequate consideration to an AOP or a person.
Transferor

64(1)(viii)
Son's wife
Income for immediate or deferred benefit of son’s wife from assets transferred for inadequate consideration (after 1-6-1973) to an AOP or a person.
Transferor

64(1A)
Minor child (except a minor child suffering from any disability mentioned in S. 80U)
Any income accruing/arising to a minor, except income from: a) manual work, or b) application of his skill, or talent, or specialised knowledge and experience
  1. 1st year: that parent whose income is higher. Subsequent years; the same parent — unless the AO is satisfied that it should be clubbed with the other parent.
  2. where marriage does not subsist, in the hands of the custodian parent.
Up to ₹ 1,500 per minor [S. 10(32)]
64(2)
HUF
Income from property converted to HUF property or transferred to HUF by an individual (after 31-12-1969) for inadequate consideration. If converted property is partitioned, income from partitioned property received by spouse, is clubbed in the hands of the individual.
Transferor

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