HUF stands for Hindu Undivided Family. It is a legal entity recognized under Indian law and is formed by a group of individuals who are descendants from a common ancestor. The HUF is treated as a separate entity for tax purposes and can therefore be taxed separately from its individual members.
In order to form an HUF, there must be a common ancestor who is a Hindu, Buddhist, Jain or Sikh. All members of the HUF must be lineal descendants of this common ancestor, meaning they must be related to each other through birth and not through marriage. The HUF must also have a common property, which is typically inherited from the common ancestor.
The following are some key features of an HUF:
- Separate legal entity: The HUF is treated as a separate legal entity for tax purposes. This means that it can own property, enter into contracts, and conduct business in its own name.
- Tax benefits: The HUF is eligible for various tax benefits, including deductions and exemptions, which can help to reduce the overall tax liability of the family.
- Formation and dissolution: An HUF can be formed by a Hindu, Buddhist, Jain or Sikh family, and can be dissolved if there are no more lineal descendants of the common ancestor.
- Managing member: The HUF is managed by a ‘karta’, who is typically the eldest male member of the family. The karta has the authority to make financial and other decisions on behalf of the HUF.
- Ownership of property: All members of the HUF have an equal right to the property owned by the HUF, and the property is held in the name of the HUF.
In terms of taxation, the income of an HUF is taxed separately from the income of its members. The HUF is treated as a separate entity for tax purposes, and is subject to the same tax rates and rules as an individual taxpayer. The income earned by the HUF is added to the income of its members for the purpose of calculating their total income.
In order to file income tax returns, the HUF must obtain a separate Permanent Account Number (PAN) from the Income Tax Department. The HUF is also required to maintain separate books of accounts and file an annual income tax return, just like an individual taxpayer.
Computations of Total income of an HUF
Computation of total income of a Hindu Undivided Family (HUF) involves determining the income earned during the financial year from various sources such as salary, business or profession, house property, capital gains, and other sources. The following is a step-by-step guide to computing the total income of an HUF:
- Determine the gross total income (GTI) of the HUF, which is the sum total of income earned from all sources. The following are the sources of income for an HUF:
- Income from salary: The HUF may have members who are employees and earn salaries. The income earned by each member should be added to arrive at the total salary income of the HUF.
- Income from house property: If the HUF owns a house property and earns rental income from it, that income should be added.
- Income from capital gains: Any profits or gains earned by the HUF from the sale of capital assets such as property, shares, or mutual funds, should be added.
- Income from business or profession: If the HUF is engaged in any business or profession, the income earned from it should be added.
- Income from other sources: Any income earned by the HUF from sources such as interest on bank deposits, dividend income, or gifts, should be added.
- Claim deductions from GTI under Section 80 of the Income Tax Act, 1961. The following deductions can be claimed by an HUF:
- Deduction for contributions made to charitable institutions.
- Deduction for life insurance premium paid.
- Deduction for medical insurance premium paid.
- Deduction for interest paid on a home loan.
- Deduction for tuition fees paid for the education of children.
- The income arrived at after claiming deductions is the net total income (NTI) of the HUF.
- Calculate the tax payable on NTI after applying the tax rates applicable for the financial year. The tax rates applicable for an HUF are the same as those for an individual.
- Claim tax credits for any taxes paid in advance or taxes deducted at source.
- The tax payable after claiming tax credits is the final tax liability of the HUF.
- If the HUF has any unabsorbed losses or depreciation from the previous financial years, those can be set off against the current year’s income.
- If any losses or depreciation remain unabsorbed after set-off, those can be carried forward to subsequent financial years.