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Clubbing of Income (Section (60 to 65)) | Fast Track Quick Revision Income Tax - Taxation PDF Download

Section 60
Transfer of income without transfer of assets: Clubbed in the hands of transferrer.

 

Section 64(1)(ii), (iv) & (vii). Clubbing provisions relating to Spouse
S 64(1)(ii)
Remuneration
to Spouse
Condition : Remuneration received by spouse shall be clubbed in the
hands of that individual who has substantial interest in a concern. If
both husband and wife is having substantial interest in a concern then
remuneration shall be clubbed in the hands of that spouse whose total
income excluding the remuneration to be clubbed is greater.
No clubbing: If spouse possess knowledge or experience and remuneration is attributable to such knowledge or experience then remuneration is not clubbed.
Substantial Interest : A person has substantial interest if he along with relatives holds atleast 20% voting power or 20% Profits in a concern
S 2(41). Relative :
Lineal ascendant
& Descendant
Spouse/ Brother /Sister Lineal
ascendant
-->
Father
Mother
Grand father
Grand mother
Lineal
descendant
-->
Son
Daughter
Grand son
Grand
daughter
S 64(1)(iv)
Asset
transferred
to spouse
Condition
1. Asset transferred by individual to his or her spouse,
2. without adequate consideration
3. then income arising to spouse from the transferred asset shall be clubbed in the hands of transferrer.

Applicable : Clubbing provision shall be applicable only when marriage subsist both at the time of transfer of asset & at the time when income arises.

Exception : Where the asset is transferred
with an agreement to live apart then clubbing provision is not applicable

S 64(1) (vii)
Asset
transferred
to for the
benefit of
spouse
Condition
1. Asset transferred by individual to any person
or AOP,
2. without adequate consideration
3. then income arising to spouse from the transferred asset shall be clubbed in the hands of transferrer to the extent benefit arises to spouse.

 

Section 64(1)(vi) & (viii). Clubbing provisions relating to Son’s Wife
S 64(1) (vi)
Asset
transferred
to son’s
wife.
Condition
1. Asset transferred by individual to his or her son’s wife,
2. without adequate consideration
3. then income arising to son’s wife from the transferred asset shall be clubbed in the hands of transferrer.
Applicable if :
Father in Law & Daughter in Law
Mother in Law & Daughter in Law
relationship subsists both at the time of transfer of asset & at the time of accrual of income.
S 64(1) (viii)
Asset
transferred
to for the
benefit of
son’s wife
Condition
1. Asset transferred by individual to person or AOP,
2. without adequate consideration
3. then income arising to son’s wife from the transferred asset shall be clubbed in the hands of transferrer to the extent benefit arises to son’s wife.

A transfers asset to Mrs.

A. Mrs A transfer same asset to her son’s wife. The income arising to son’s wife shall be clubbed ?

Genuine
Transfer
Fraud
Transfer
Mrs. A Ms. A

 

Section 64(1A). Clubbing provisions relating to minor child
All income accruing to
minor child shall be clubbed in
the hands of that parent whose
total income excluding the
income of the minor child is greater.
Exception :
1. Where the marriage of the parent do not
subsist, the income of the minor child shall
be clubbed in the hands of that parent who
maintains the minor child in the relevant PY.
2. If once the income is included in the hands
of father or mother it shall be be continued to
be clubbed in the same hands unless AO do
otherwise.
S 1 0 ( 3 2 ) .
Exemption
upto RS. 1,500 per child exemption to that parent
in whose hands income is clubbed
No clubbing from the date minor childattains majority.
No clubbing if 1. Minor child is suffering from any
disability specified u/s 80U. All income
shall not be clubbed.
The income earned by minor child
shall be taxable in their hands
only. ROI shall be in their name
and signed by guardian.
2. Minor child has earned any income from
his own skill or talent. Only income
earned through talent shall not be clubbed
remaining income shall be clubbed.

 

Other Points.
    Spouse / Son’s Wife Minor Child
1. Income from transferred asset is to be
clubbed.
Correct Correct
2. Income from income cannot be clubbed Correct Wrong
3. Income from accretion of asset cannot
be clubbed.
Correct Wrong
4. All income is clubbed No only income
from the transferred
asset is clubbed
Yes all income
is clubbed

 

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FAQs on Clubbing of Income (Section (60 to 65)) - Fast Track Quick Revision Income Tax - Taxation

1. What is clubbing of income under Section 60 to 65 of taxation?
Ans. Clubbing of income refers to the inclusion of income earned by a taxpayer in the tax return of another person. Sections 60 to 65 of the Income Tax Act outline the provisions for clubbing of income in certain situations, where income is transferred to another person with the intention of avoiding tax liability.
2. When does clubbing of income occur?
Ans. Clubbing of income occurs when a taxpayer transfers their income to another person, such as a spouse, minor child, or any other specified relative, with the intention of reducing their own tax liability. The transferred income is then added to the transferee's income and taxed accordingly.
3. Are there any exceptions to the clubbing of income rule?
Ans. Yes, there are some exceptions to the clubbing of income rule. For example, if a spouse receives income from a genuine business or profession, it will not be clubbed with the transferor's income. Similarly, if a minor child earns income from manual work or any activity involving application of skill, knowledge, or experience, it will not be clubbed.
4. Can clubbing of income be avoided legally?
Ans. Yes, clubbing of income can be avoided legally by ensuring that the transfer of income is not done with the intention of tax avoidance. It is important to establish that the transfer is genuine and not a sham transaction. Additionally, taking advantage of the exceptions and provisions provided in the Income Tax Act can help minimize the scope of clubbing of income.
5. What are the consequences of clubbing of income?
Ans. The consequences of clubbing of income include the transferred income being added to the transferee's income and taxed at their applicable income tax rates. This may result in higher tax liability for the transferee. Additionally, penalties and interest charges may be imposed if the clubbing of income is found to be a deliberate attempt to evade taxes.
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