
Key Highlights
- Under the Income Tax Act, HUF is considered a separate entity and is therefore taxed separately.
- Forming an HUF allows you to optimise tax liabilities and provides an opportunity for family members to get tax benefits in the future.
- Like individuals, HUFs enjoy various tax benefits on their income, along with exemptions on investments, health insurance, and life insurance.
- HUF members can also claim exemptions and deductions on their investments and income.
The Income Tax Act offers various avenues for taxpayers to reduce their tax liabilities in a structured and legitimate manner. One such option is the formation of a Hindu Undivided Family (HUF).
Governed by Hindu law, HUF can be formed by a married couple or members of a joint family. It requires at least two members, with one member assuming the role of the 'Karta' (the head of the family).
In addition to Hindus, even Jains, Sikhs, and Buddhists can also form a HUF. The concept of HUF as a distinct entity for tax purposes was first recognised in 1917. Over time, many families have benefited from the tax advantages it offers. Let's understand it.
What is HUF?
A HUF (Hindu Undivided Family) is a legal entity, which consists of individuals who are lineally descended from a common ancestor, typically including the Karta (the head of the family) and coparceners (family members with a birthright to the family property).
HUF is considered a separate legal entity and is therefore taxed separately. It has its own PAN and is required to file tax returns independently of its members.
The income tax slabs for an HUF are the same as that of an individual, with an exemption limit of ₹2.5 lakh. Members qualify for various tax benefits and exemptions under the Income Tax Act of 1961.
Also Read - Here's a quick guide on what's an HUF and its tax aspects
Top 5 HUF Tax Benefits
Here are the top 5 Tax Benefits available for Hindu Undivided Families (HUF):
Tax Exemption in Income Tax
HUFs are eligible for tax exemptions up to ₹2.5 lakh under the old tax regime and ₹3 lakh under the new tax regime on their income (without any exemptions or deductions under various provisions of the Income Tax Act, 1961, as per Section 115BAC).
The income tax slabs and rates for HUFs are the same as those for individuals. However, HUFs have their own income threshold and tax calculation. The Income Tax Act of 1961 governs these provisions and any amendments to the tax benefits.
Existing Income Tax Benefits
- The tax exemption available for HUF is in addition to the income tax benefits enjoyed by the members of the HUF individually.
- You can create an HUF for yourself, your spouse, and two children.
- You can get tax exemption individually and also avail of an additional basic income tax exemption of ₹2.5/₹3 lakh (as applicable) each year as an HUF.
Owning a house
Under the existing income tax laws, if you own multiple self-occupied properties, only one can be claimed as such, while the other properties are considered as "deemed to be let out". You must also pay tax on the notional rent. However, HUFs can own a residential property without being liable for tax.
Additionally, HUFs can also avail of a home loan to buy a residential property and claim tax benefits:
- Up to ₹1.5 lakh under Section 80C for principal repayment of the loan.
- Up to ₹2 lakh for the interest paid thereon under Section 24(b) of the Income Tax Act.
Life Insurance
Similar to individuals, HUFs can also avail of tax benefits on specific payments made during the year. They can claim tax deductions up to ₹1.5 lakh under Section 80C for paying life insurance premiums for members.
Additionally, the sum assured received under a life insurance policy is tax-free under Section 10(10D) of the Income Tax Act, subject to limits.
Health Insurance
An individual can claim a deduction of ₹25,000 annually on health insurance premiums paid for their family under Section 80D. However, with the increase in health insurance premiums, this limit may be insufficient when trying to provide comprehensive health coverage for your family.
As an HUF, the members can claim additional tax benefits of up to ₹25,000 on Health Insurance premiums paid during the year for family members of the HUF. For senior citizen members of HUF, the limit is ₹50,000.
Additionally, the entire amount spent on medical expenses for the health of any member of the Hindu undivided family can be claimed as a deduction, up to ₹50,000 per year. Expenses incurred for preventive health check-ups can also be claimed as deductions up to ₹5,000, but the total deductions under this section should not exceed the overall limits of ₹25,000 and ₹50,000, respectively.
Investments
An HUF can also invest in tax-saving fixed deposits, mutual funds and Equity Linked Savings Schemes (ELSS) to enjoy tax benefits and claim deductions up to ₹1.5 lakh under Section 80C.
While HUF cannot open a Public Provident Fund (PPF) account in its name, it can still claim tax deductions for contributions made to the Public Provident Fund accounts of its members.
Capital gains from the sale of equity-oriented mutual fund units held for over a year also qualify for reduced tax rates under Section 112.
Also Read - Here's how to plan your taxes under Section 80C
Plan Your Taxes Efficiently by Forming an HUF
Forming an HUF can be a smart financial strategy, particularly for effective tax planning . By taking advantage of the various tax benefits available under the Income Tax Act and related regulations, you can optimise the financial well-being of your family, reducing tax liabilities while maximising savings and deductions.
FAQS - FREQUENTLY ASKED QUESTIONS
How to ascertain the residential status of a HUF?
An HUF is considered to be a resident in India if the control and management of its affairs are situated wholly or partially in India. HUF is considered to be ordinarily resident in India if the Karta of resident HUF stayed in India for 730 days or more during the 7 previous years immediately preceding the relevant previous year.
How an HUF is formed?
Forming an HUF is a simple process. It begins with drafting a legal deed, where the head of the family (referred to as the Karta) formally declares the establishment of the HUF and lists its members. This document must be signed by the Karta and two witnesses. The HUF should apply for a PAN card and open a bank account in its name. Lastly, once the deed is signed, register the deed with the registrar to formalise its existence.
Can HUF invest in tax-saving instruments?
Yes, HUF can invest in tax-saving fixed deposits, ELSS, and claim deductions under Section 80C.
Can an HUF purchase an insurance policy for its members?
Yes, an HUF can take out an insurance policy on the life of its members.
Is an HUF taxed at the same rate as an individual?
Yes, an HUF is taxed at the same rates as an individual under the Income Tax Act.
Can an HUF be formed with one person?
No, one person cannot form HUF, it can only be formed by a family.
Are the members of an HUF personally liable for its taxes?
No, the HUF is a separate legal entity for tax purposes, and its members are not personally liable for the tax payments of the HUF.
Can an HUF be formed consisting of only female members if a person is survived by his wife and two daughters?
Before the 2005 amendment to the Hindu Succession Act, a Hindu widow who was the only surviving member could not form a HUF. However, after the amendment, HUF can be formed by a Hindu widow and her unmarried daughter, even if the widow hasn't adopted a son, as the daughter is now recognised as a coparcener.
Can HUF be dissolved?
Yes, HUF can be dissolved, and its assets can be divided among the members as per mutual consent.
What are the disadvantages of forming an HUF?
Forming an HUF may be easy but managing HUF finances can be complex, with shared control and dissolution difficulties. Tax Implications and legal formalities require careful attention.
The information contained herein is generic in nature and is meant for educational purposes only. Nothing here is to be construed as an investment or financial or taxation advice nor to be considered as an invitation or solicitation or advertisement for any financial product. Readers are advised to exercise discretion and should seek independent professional advice prior to making any investment decision in relation to any financial product. Aditya Birla Capital Group is not liable for any decision arising out of the use of this information.

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