• FD in name of blood relative

Dear Sir/Ma'am

I have a family of four (including myself), out of which my Father, Mother and myself earn. My sister is studying in college and is aged 22. In order to save some money we three decided to open FD in her name (since she is not earning) and thereby save some tax liability. 

We are clear on that the FD interest that is earned would be taxable but taxed as per her Income Bracket. Since we all earn above 10 LPA, hence we thought it to be beneficial creating FDs in her name. 

I wanted to know two things 
1. The amount which we deposit in her account would qualify as a Gift to a Blood Relative, is there a tax liability there ?
2. The income which she earns from the FD, would that come under clubbing of Income Provisions and hence attract higher Tax Rates as opposed to basic slabs ?

If there is no liability on both fronts (which is what my understanding is, as per research), do I need to keep any proof of documents to document this case ?

Thanks
Chetan
Asked 6 years ago in Income Tax

This would be considered as a gift to your sister from her father mother and brother and since she is a major such income won't be clubbed in the income of her parents and thus you can clearly take benefit of slab rate and save some tax. This is tax planning.

Even if there is no tax liability you will have to prepare gift deeds showing the gift given to your sister and your sister will show them as exempt income from her relative. Also have a documented proof of gift which shows the cheque number through which gift was given so that if anyone asks you can show bank statement and gift to prove the gift given and received.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

1. Yes, it will qualify as a gift without any tax liability. However, she will have to show it in her return as an exempt income.

2. No, there will not be any clubbing provisions in this case.

A gift deed is recommendatory for the gift.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

Dear Chetan,

Hope you are doing well !

1. Yes, it will be treated as gift from relatives. Gift from relatives are exempt u/s 56 of the income tax act. She will have to show this income in her return under exempt income head. However, please make sure that the gift deed is executed properly for future reference.

2. No, there will be no clubbing in your case.

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

Hi,

1. There is no tax liability.Gifts from relatives are Tax-Exempt. Always get the documentation done when there is an exchange of gifts. It would be easier to convince an assessing officer at the time of tax scrutiny if the written proofs are ready.

2. There is no clubbing in this case.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

Hi Chetan,

1. The amount you give her will qualify as a gift and hence there would be no tax liability. Gift to relatives is exempt from tax.

2. No clubbing provisions in this case.

However, it is recommended that you prepare a gift deed for the gift.

Regards,

Nikhil

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

Hi

What ever interest is earned will attract clubbing provision of income tax act and will be taxed in your hands ,in ratio of your contribution in fd.

Fd principal amount can be declared as gift in her hands which will be tax free.Proper gift deed need to be kept for supporting transaction.

Hope it helps

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

Hi,

- Gift to a sister and child for parents will be exempt in her hands but she need to show it in her ITR under exempt income. Draft proper gift deed.

- In respect to clubbing provision, no clubbing for interest on FD would be done in the hands of the parents but for your share as brother would be clubbed in your ITR.

- No deduction u/s 80C would be available to parents and you for FD in her name.

Thanks

Vivek Kumar Arora
CA, Delhi
4950 Answers
1105 Consultations

Prepare gift deed exempted as relative

Nitin Jain
CA, Jaipur
214 Answers

Pls find below answers:

1. No tax liability.

2. Clubbing provisions wont apply since she is not Minor.

You need to keep FD Advice copy.

Urvi Gandhi
CA, Thane
6 Answers

Hi,

1. There is not tax liability on gift received from relatives. However, recepient will have to show it in his ITR.

2. No, it won't come under clubbing net.

Lakshita Bhandari
CA, Mumbai
5687 Answers
934 Consultations

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