The Income Tax Act of 1961 offers various tax-saving options to Indians. HUF, or the Hindu Undivided Family, stands out as one of the most effective ways of saving on taxes. Hindu married taxpayers can pool their assets to form a HUF. HUFs are recognised as separate legal entities and taxed independently, allowing individuals to claim tax deductions and benefits under HUF registration apart from their individual deductions. This article highlights what a HUF is and how it can be used as a prudent tax-saving instrument in India.
What is a HUF?
HUF is an abbreviation for the Hindu Undivided Family. A HUF is a legal and tax entity in India. Hindu, Buddhist, Jain, and Sikh families in India can pool their assets to form a HUF and save on taxes. It is based on the concept of a joint family and includes all family members from different generations. However, the HUF is considered as a separate entity for taxation purposes. HUFs have their own PAN Cards and file ITRs independently of their members. The HUF is headed by a ‘Karta’ - generally the eldest male member - who manages the HUF’s affairs. Other members of the HUF are called coparceners. Typically, HUF assets can include gifts, ancestral property, proceeds from the sale of joint family property, property that’s acquired through a will, or HUF member contributions to the common pool.
How does HUF work?
A Hindu Undivided Family (HUF) is a legal entity under Indian tax law that allows members of a family to come together and pool their assets for income generation and tax planning. It is governed by Hindu law and is applicable to Hindus, Buddhists, Jains, and Sikhs. An HUF is formed automatically when a family starts living together and holds ancestral property. However, it must be formally registered with a PAN card and a bank account to avail tax benefits.
The eldest male member of the family becomes the Karta and manages the affairs of the HUF. Other members are called coparceners, who have an equal right in the HUF’s assets and income. HUFs can invest in mutual funds, real estate, stocks, and even start businesses. Income earned by the HUF is taxed separately, offering an additional tax benefit to families. This structure is particularly useful for efficient estate and succession planning.
Residential status of HUF
Now that you understand the meaning of HUF, let’s review how the residential status of a HUF is determined. According to the income tax laws, HUF can be formed by both resident and non-resident Indians. The residential status of HUFs is determined in the following ways:
Resident HUF: If the control and management of the HUF’s affairs is completely or partially inside India, then the HUF is a resident of India.
Non-resident HUF: If the HUF’s Karta resides outside India, the control and management of the HUF is also outside India, making it a non-resident HUF.
Resident and ordinarily resident or resident but not ordinarily resident: A HUF is considered a resident HUF if the Karta satisfies both of the following conditions:
The Karta has been a resident of India for at least 2 years out of the 10 years preceding the relevant financial year.
The Karta has been in India for a period of 730 days or more during the 7 previous years preceding the relevant fiscal year.
If the HUF fails to meet these requirements, it is classified into the resident but not ordinarily resident category.
Who are the members of the HUF?
A HUF includes all individuals belonging to a Hindu family. This means husbands, wives, children, their spouses, and their offspring are all eligible for inclusion in the constitution of a Hindu Undivided Family or HUF. HUF has coparceners who are born into the family, as well as members who become part of the HUF through marriage. According to the HUF regulations, only coparceners have the right to request the partition of the HUF, requesting the division of its assets. Prior to the amendment of the Hindu Succession Act in 2005, the coparcener status could be bestowed on only men born into the family. However, this amendment placed female members born into the family on an equal footing as their male counterparts. As coparceners of the HUF from birth, they can legally claim the partition of the HUF’s assets.
Features of HUF
Now that you understand what is a HUF and how it can be used to save on taxes, let’s review some of its key features:
- Establishment: At least 2 male members are required for the establishment of a HUF. HUF members may or may not have inherited ancestral property.
- Control: The Karta of the HUF enjoys full control and authority over the decision-making process. The Karta may seek advice from other HUF members but is not obligated to accept this advice.
- Continuity: Upon the demise of the Karta, the next eldest member assumes the role of the Karta automatically.
- Liability: Since a HUF functions as a Hindu Undivided Family business, liability is involved. All coparceners have limited liability in the HUF to the extent of their share in the business. However, Karta holds unlimited liability where his personal property may be used to repay the accumulated debts of the business.
- Dissolution: Once formed, a HUF can only be dissolved with the unanimous consent of all its members. Upon mutual agreement and dissolution, the assets of the HUF are distributed among its members.
- Minors: Any child born into the family automatically becomes a part of the HUF by virtue of birth.
Advantages of HUF
A Hindu Undivided Family or HUF offers several benefits, including:
- Tax benefits and simplified tax planning: One of the chief advantages of a HUF is tax efficiency. Individual members of the HUF have to file ITRs, while the HUF itself files taxes as a separate entity, maximising tax benefits.
- Simpler management: The creation of a HUF allows the Karta to have effective control over the decision-making process and can sign relevant documents to make investment decisions on behalf of the family. Having a singular centre of authority streamlines the decision-making process.
- Legal recognition: The HUF structure is legally recognised in India, offering strong legal and judicial backing to the HUF as an efficient tax planning mechanism.
- Financial support: Members of a HUF can easily avail of loans through the HUF and take advantage of deductions on student loans, home loans, etc.