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Hindu Undivided Family (HUF): Benefits and drawbacks in saving income tax

Reduce your tax burden in India with a Hindu Undivided Family (HUF) account. This blog explores how HUFs benefit families (Hindus, Buddhists, Jains, Sikhs)

By Forbes India

Published: Aug 5, 2024 05:05:24 PM IST

Tax season can be difficult, filled with forms and calculations, and the high taxes don’t make it any easier. But what if there were ways to cut down on the tax you owe? Here, a Hindu Undivided Family (HUF) account can help, a concept that can offer tax advantages for certain families in India. Let’s learn all about an HUF account.

What is a Hindu Undivided Family (HUF)?

A HUF is an account that allows families to pool assets and save on taxes. The HUF can hold its own assets, such as property, investments, and business. HUFs are treated as a separate entity for tax purposes under the Income Tax Act, which allows them to enjoy tax benefits.

The members of a HUF are called coparceners, and the head of the family is known as the Karta. Traditionally, coparceners were limited to male descendants, but a 2005 amendment granted daughters the coparcener status as well. This means daughters born to coparceners have the same rights as sons, including the right to partition family assets. Additionally, the 2005 amendment makes it possible for a Hindu widow with her unmarried daughter to form a HUF, even without adopting a son.

How can you save tax by forming an HUF?

One of the key benefits of a HUF is its separate tax identity. This means the HUF is assessed for taxes independently from its members. This helps to maximise tax deductions and exemptions under Indian tax laws.

Beyond tax advantages, HUFs also help families to achieve financial goals more efficiently. Let’s see how:

Salary and tax deductions: Members can be paid a salary if they contribute to the HUF's functioning. Such salary expenses can be deducted from the HUF's income, reducing its tax burden.
Spreading the income net: The family income gets distributed by including income-generating assets like property or a business within the HUF. This can be beneficial if other family members fall into lower tax brackets.

How to form an HUF?

Unlike a partnership or a company, a single person cannot form a Hindu Undivided Family (HUF). It's a family-based structure formed upon marriage, including the husband, wife, and children. An HUF consists of all lineal descendants (direct line of generations) from a common ancestor.

Documentation: A Deed of Declaration is a legal document that specifies the names of the Karta (the senior-most male member who manages the HUF), coparceners and the source of funds for the initial assets. The law doesn't make a HUF deed mandatory. However, having a written agreement is recommended as it will simplify processes like obtaining a PAN card and opening a bank account specifically for the HUF, which are important for managing finances and following tax regulations.

Also Read: Direct and Indirect Tax in India: Differences, types

Permanent Account Number (PAN): The HUF needs a PAN for financial transactions.

Bank account: Once the PAN is obtained, an HUF bank account can be opened to manage its finances.

Benefits of HUF

Here's a breakdown of the key advantages of forming a Hindu Undivided Family (HUF):

Home loan benefits: Current tax laws allow individuals to claim only one self-occupied property as tax-exempt. Any additional properties are considered "deemed to be let out," and taxes are levied on notional rent. However, a HUF can own a residential house without paying taxes. Furthermore, HUFs are eligible for home loan tax benefits similar to individual taxpayers. These benefits include Section 80C of the Income Tax Act deductions for principal repayment (up to Rs1.5 lakh) and interest paid on the home loan (till Rs2 lakh).

Maximised deductions: Section 80C of the Income Tax Act allows deductions for investments and expenses. With an HUF, each member (parents, children, etc.) can claim these deductions separately, multiplying the tax savings. This can benefit investments like children's education or life insurance premiums.

Simplified succession planning: Assets held by the HUF can be passed down to future generations with simplified procedures and lower tax implications than individual inheritance.

Joint asset holding: The HUF can hold assets like property, investments, or even run a business. This allows for joint ownership and management of these assets within the family structure.

Drawbacks of Forming HUF

While HUFs offer advantages, there are also drawbacks

Shared decision-making: As equal rights are granted to all HUF members, a consensus of all members is required before selling any HUF property. Additionally, any new family members (through birth or marriage) automatically become coparceners with equal rights, complicating decision-making as the HUF grows.

Dissolution difficulties: Dissolving an HUF can be a complex and stressful process. The only way to close it is through a partition, which requires the consent of all members. This partition process can be prone to disputes and legal hassles if agreements aren't reached regarding asset distribution.

Changing family dynamics: HUFs were traditionally suited for joint family structures. However, with the rise of nuclear families, they are becoming less relevant. Furthermore, rising divorce rates make HUFs less attractive as a long-term tax planning tool.

Ongoing tax filings: Once established, an HUF remains a taxable entity until partition is achieved. This means filing tax returns remains mandatory even if the HUF isn't actively used. Partition claims involve a formal process with the tax department, and the income from partitioned assets is then taxed differently depending on the recipient (individual or new HUF).