What do you mean by
clubbing of income?
Clubbing of income is when income earned by another entity is merged /added to your taxable income. Although, every person is taxed on his own earned income there are chances under special circumstances it can be clubbed with another person's income. In Income Act, 1961 Sec 60 – 64 deal with such special situations of clubbing of income.
Section 60 – Transfer of income ownership without transfer of asset.
Conditions to be fulfilled:
1)
the transferor owns the
asset
2)
the ownership is not
transferred of the asset
3) the income generated from
asset is transferred under some contract or agreement
If
the above conditions are satisfied, then the income from such an asset is taxed
in the hands of the transferor.
E.g., Mr
Mukesh has given the shop owned by him on rent. Annual rent of the shop
is Rs. 96,000. He transfers entire rental income to his friend Mr. Parekh.
However, he did not transfer the shop. In this situation, rent of Rs. 96,000
will be taxed in the hands of Mr Mukesh.
Section 61 – transfer of asset and earned income revocable at a future date
Revocable transfer is generally a transfer in which the transferor directly or indirectly exercises control/right over the asset transferred or over the income from the asset.
Conditions to be fulfilled:
1)
The transfer of the asset is revocable.
2)
The income generated from asset is transferred under some contract or agreement
Then,
under these circumstances the tax is payable by the transferor.
What about the income received by the spouse under Sec 64?
If the income is paid to the spouse as remuneration (i.e., salary) from a concern in which the individual is having substantial interest then it is clubbed with the income of the individual. Provisions in this regard are as follows:
· The individual has substantial interest in the business.
· Spouse of the individual is employed in the concern in which the individual is having
substantial interest and does not have any technical qualification for the same.
If
both husband and wife have substantial interest in the concerned business, then
the income is clubbed with the individual having higher income.
Exceptions to this rule
The clubbing of income is not applicable if the following holds true:
· The transfer of asset is for adequate consideration;
· If the transfer of asset is in connection with an agreement to live apart or end of relationship;
· If the asset is transferred when there was no relationship of husband and wife
How is a Minor child
income taxed?
Since
a minor is not accepted to be a earning member, his income is usually clubbed
with his parents. It is added to the parent whose annual income is higher.
However,
if he earns any income by doing some kind of manual work or something that
involves skill, knowledge, talent, etc it is not clubbed with the income of the
parent.
No comments:
Post a Comment