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How To Save IT
How To Save IT
How To Save IT
that each family member must have his or her independent source of income so as to legally become an independent
tax payer under the provisions of the income tax law.
In case the entire income of a family belongs to just one member, the tax liability is much higher than when the same
income is spread among different members of the family.
Now, under the income tax law it is not possible to arbitrarily divide one's income amongst different members of the
family - and then pay lower tax in the names of different family members. However, this goal can be achieved by
intelligent use of the facility of gifts and settlements.
Thus, for example, even if a taxpayer's parents are not paying income tax today but if they receive some gift from
friends or relatives or from anyone else in the world, the income so generated would belong to them.
In this manner, independent income tax files can be started for different family members by developing independent
funds for each person through gifts thereby resulting in separate independent sources of income which would then be
taxed separately to income tax.
Once the income is spread among more people, chances are some of them would attract lower rates of tax. Also,
each one would then be entitled to independently claim exemptions, deductions, rebates, etc.
Generally, any gift you receive from various members of your family and specified relatives is not considered your
income but a capital receipt. Thus, no income tax is payable on gifts received from relatives - and also gifts received
from parties other than relatives upto a sum of Rs. 50,000 and at the time of marriage up to any amount.
Care should, however, be taken to ensure that any gift which is received should be a genuine one. The person
making the gift, called the donor, should have proof of his or her having the source for making the gift.
The other important point to keep in mind in the case of gifts is that the provisions of Section 64 of Income Tax Act
prohibit any direct or indirect transfer of funds between an assessee and his/her spouse.
Thus, a husband should not make any gift to his wife; likewise, the wife should not make a gift to her husband. If the
gift is made between spouses, it would attract the provision of Section 64 and lead to clubbing of the incomes of the
spouses.
To achieve the best results of gift, and to avoid clubbing of income, you may receive gift from any relative other than
your spouse, and, in the case of a daughter-in-law from her father-in-law.
The gifts made to a minor child would similarly result in clubbing of income. Hence, from the point of view of tax
planning a trust could be created for the welfare of the minor child with a specific condition that no part of income
should be spent on the minor child during the period of minority.
If this simple technique is adopted then there will be no clubbing of income of the minor child with the income of the
parents. The clubbing provisions do not apply when you make gifts to your major children.
All your major children can help you save your income tax. You can freely gift money to your major children without
attracting the payment of gift tax. This amendment makes it a good idea to make liberal gifts to your major children so
that the income, if any, arising from these investments in years to come can be taxed in the hands of your major
children.
For example, if you have fixed deposits let us say of Rs 20 lakh (Rs 2 million) and you have a major son as well as a
major daughter then it makes sense to gift away Rs 500,000 to each of them.
After receiving the gift amount the children also make investment in bank fixed deposit and each of them receives
yearly interest of say, Rs. 45,000. On this amount the son as well as the daughter will not pay income tax because
the amount is below the exemption limits of Rs 150,000 and Rs. 180,000, respectively.
Thus your major children can now be great source of tax saving and you can enjoy the benefit of lower income tax
incidence in the family as a whole. If, however, due to some reasons you do not feel inclined to make huge gifts to
your major children, then you may give interest-free loans to your major children so as to legally reduce your taxable
income. It is lawful to grant interest-free loans to your major children from your own funds.
Might sound incredible to most readers but the fact is that your own parents as well as your own in-laws can become
legal tools of tax planning for you and your family. If you want to achieve this dictum then all you are requested to do
is just to give away a portion of your funds either as a gift or a loan to your parents as well as your in-laws so that in
years to follow your income tax burden become light as the income on funds transferred by you to them which would
bring in income would be taxed in their hands.
With the increase in the limit of exempted income for individuals, women tax payers and senior citizens, it is now a
great time for having income tax files for all.
Under Section 64 (1) (a) of the IT Act, if the father-in-law or mother-in-law makes any gift to his or her daughter-in-
law, i.e., their son's wife, on or after 1 June 1973, the income arising to the daughter-in-law in respect of the gifts so
made would be liable to be included in the total income of the father-in-law or the mother-in-law making the gift.
However, where such a daughter-in-law receives a gift not from her father-in-law or mother-in-law or her husband but
from her father or mother or uncle or aunt or uncle-in-law, etc. then the income arising to such daughter-in-law in
respect of such a gift would be liable to be assessed as the income of the daughter-in-law separately.
Such income would not be included in the total income of the father-in-law or the mother-in-law or the husband of
such a lady.
Besides, if the daughter-in-law makes an investment of such gifted amount, the income arising to her out of such
investment would also be liable to be assessed separately.
Similarly, if she were to join a partnership firm as a partner with the help of such gifted money, the interest arising to
her would be assessable to tax in her separate assessment.
Such interest or salary as a working partner would not be liable to be included in the income of her husband or father-
in-law or mother-in-law or any other relative. If she is a partner of any firm carrying on any business, her husband
could also be a partner in the same firm.
Now, from assessment year 1993-94 her share income from the firm would not be clubbed with the income of the
husband. This is illustrated in the following example.
In this case Mrs. B would be liable to be achieve best tax planning for a nuclear family.
assessed separately on interest from the
Tax planning by DINKs
partnership firm amounting to Rs 44,000 and
Working couples who have no children are known as DINKs (Double
tax payable would be nil.
Income No Kids). Substantial tax planning is needed for them even in
the initial years of their married life. The best tax planning which
This sum of Rs 44,000 arising to Mrs. B would
DINKs should adopt is that each one of them should take full
not be liable to be included along with the
advantage of income tax exemptions and deductions.
sum of Rs 43,000 being the income of her
father-in-law Mr. A or with Rs 72,000 the
income of her husband, Mr. B.
The present exemption limit for the financial year 2008-09 is Rs 150,000 for every individual male tax payer. In
addition, for a woman tax payer the exemption limit would be Rs 180,000. Thus, for the financial year 2008-09,
DINKS would be able to enjoy a combined exemption limit of Rs. 330,000.
Never in the past the tax exemption slabs were so very attractive. They should also make investments in a residential
house by taking a loan and thus save income tax up to the maximum extent (each of them). They should also plan a
separate income tax file of HUF.
Some of the Sections of Income Tax Act, 1961 are detailed below which detail few exemptions
and categories of exempt income that you can take advantage of:
6. Infrastructure Bonds
Notes:
1: ULIP premium needs to be at least 1/5th of the sum assured to qualify under Section 80C
2: PPF returns are set by the Government of India and can be revised either upwards or
downwards in any year.
You can claim a deduction on the interest paid on loans taken for higher education for yourself,
your spouse and children. There is no limit on the amount of deduction you can claim.
The only thing to keep in mind is that the program for which the loan is taken should be a
graduate or post-graduate program in engineering, medicine or management or a post-graduate
course in the pure or applied sciences.
You can claim a deduction for any donation that you might have made to a charitable fund or
institution. However, please note that these donations should be made only to specified
institutions. And a proper proof of payment must be provided for the same. Based on the
classification of the charity , you can claim either 100% or 50% of the donated amount as
deduction. The deduction might also be subject to a certain limit again based on the type of
charity that you are donating money
Section 24: Interest paid on housing loan
Under Section 24, a maximum of Rs 1,50,000 can be deducted from your taxable income as
interest repayment for a self occupied house. Please note that this deduction is not available if
you the house is still under construction and you do not have occupation of the house.
Provisions that you should take advantage of if you are a salaried employee:
You can take advantage of the provisions under this section if you are renting an
accommodation. These provisions will not be available to you if you stay in a rent-free
accommodation or live with your family or in your own house.
Under Section 10(13A), HRA is exempt to the least of the following: i) 50/40 per cent of basic
salary= Dearness Allowance (if, applicable), ii) excess of rent paid over 10 per cent of basic
salary; and iii) actual HRA received.
Lets illustrate this calculation with an example:
Assumptions
Exemption
The relaxation limit under section 80C has been inceased to Rs. 2 lakhs.
The presumptive tax limit has also been raised to Rs 60 lacs.
Announcement of a deduction of Rs 20000 on investment in infra bonds
In India, the middle class feels the heat of Income Tax more than anyone else. However the intensified tax system
poses great stress on the earner's thinking to manipulate different ways to save tax. Here is a list of certain steps
which can help you save your income and minimize your Income Tax.
Conditions The house should not be in your kids, spouses or your own name.
Max Deductions The total amount of rent paid or the amount earmarked as House Rent
Allowance in your payslip, whichever is less, will be deducted from your taxable
income.
Limitations It should not be more than 50 percent of salary for those living in metro cities
or 40 percent of salary for others
If you are paying more than Rs.5000 per month as house rent, you will have
to submit a lease document
Rent receipts should have a revenue stamp.
Deductions
Limitations The investment can be from any source and not necessarily from income
chargeable to tax.
Section 80D
Medical Insurance
Applicable If Premium paid on medical insurance for oneself, spouse, parents and children
Cheques paid by proprietor firms
Conditions The house should not be in your kids, spouses or your own name.
Max Deductions Complete amount invested in life insurance policy is tax free.
Payout from life insurance policy is tax free.
Limitations Go for plan which is suitable to your life and your financial planning.
You need not buy every year new policy.
If you think that you have already invested enough in life insurance plan but
want to invest again then you should go for ULIP plans.
Home Loans
Applicable If You have taken a Home Loan from any bank
Conditions The house should be in your kids, spouses or your own name.
Limitations Over a period of time the principle payment increase and the interest
payment decrease.
Education Loans
Applicable If You have taken an Education Loan from any bank
Conditions The loan should be in your kids, spouses or your own name.
Upper Limitation No
Max. Deductions Under section 88 of the Income Tax Act, 1961 any person can take benefit in
income tax on amount invested in this scheme
Under section 80L of Income Tax Act, 1961 there is a provision of benefit on
interests coming from scheme.
Availability of Loans The first loan can be taken in the third financial year from the date of opening of
the account, or upto 25% of t credit he amount at at the end of the first financial
year.
Mode of Operation Singly, jointly, or by a minor with his/her parent or guardian (Nomination facility
available)
Max. Deductions Under Section 88 of Income Tax Act, 1961 there is a provision of tax benefit
by investing in this scheme
Interest on this scheme is tax free.
Max. Deductions According to Income Tax Act, 1961 interest on this scheme is tax free.
Interest Rate Return at interest rate of 9.5% payable half-yearly on 30th June and 31st
December respectively
Mode of Operation Retired PSU employees in his/her own name or with the spouse, jointly.
Max. Deductions According to Income Tax Act, 1961 interest on this scheme is tax free.
Dividend
According to Income Tax Act,1961 there is a provision benefit in Income Tax if assessee has an income as a
dividend on investment in any of the following:
Shares
Mutual Funds
Unit of UTI
This dividend can be given by any company or co-operative society.
Infrastructure Bonds: Investment in bonds issued by specified Infrastructure companies is also eligible for Section
80C deductions. Investment in Infrastructure bonds is just one of the various options available for the purpose of
Section 80C deduction.
Bank Term Deposits: Term deposits with scheduled bank for minimum tenor of 5 years.
NABARD Bonds: Investment in notified bonds issued by National Bank for Agriculture and Rural Development
(NABARD) is also eligible for Section 80C deduction.
D. Murali
Mr Sinha is in a giving mood. Are you in a taking mood?
*This is no tip, one may argue. But, no. I mean, yes. Assuming that you fit in the second or
the third slab, earlier you were paying at a higher effective rate, that is either 22 per cent or
35.1 per cent. With the removal of the older surcharges, the ef fective tax rate gets reduced
to 20.4 and 30.6. Okay, this percentage talk is confusing. The difference is real money that
Sinha is not interested in snatching from you. Looked differently, this is cash coming back
into your pockets, so take care of it b efore it is dissolved, as a Tamil saying goes, like
asafoetida in the sea. How? By putting the saving in a piggy bank. You can call the piggy by
any name - wiggy, niggy, or, even Sinha. What if, next year, he levies new taxes? You can
always pay out of t his bank and not out of your pocket. The money was always his.
*The best way to save these days is in the PF and PPF, in spite of the reduced rates of
interest. Reason is this: Sec 80L deduction towards bank interest has fallen drastically to Rs
9000, because nobody wants people to put their idle money in bank depos its and keep
saving. And, more importantly, the average saver does not want to take the risk of riding
the stock market. We were fearing the worst in this Budget, that Sinha would tax PF
withdrawals. But that didn't happen. So, it continues to be the oas is in a desert of dried
money trees. Get the best out of the Sec 88 rebate by investing the maximum, setting
apart funds for food, water and rent for your family.
Move houses
*Economic criteria are the new weed spreading their tentacles to grab anybody and
everybody who looks like an assessee. No phone, no credit card, no house, no foreign
travel, no car and so on are no solution, unless you want to descend from your present
yuppie status, real or imaginary, to the BPL - short for `below poverty level'. Is there no
way out? Yes, you can use somebody else's credit card. Risky. Have a PP number.
Cumbersome. Use auto. But, you want the josh or the zip. Live in somebody else's h ouse.
No, I wouldn't suggest that. Go to the villages. You whine, but why not state as your place
of residence an address outside the urban limits, assuming you are being caught only
because of that criterion. This facility could be exploited at least ti ll the draftsmen discover
the loophole and plug it by specifying, not the place of residence of the assessee, but the
location of the house. Only, this may need the approval of your spouse, for he/she has been
watching one too many of the popular teleser ials about the one-to-many relationships.
*Housing loans are becoming attractive for three reasons: One, falling interest rates. Two,
higher tax deduction towards interest. Three, tax clearance certificate is no longer required.
Sinha wants more people to own houses, to have a roof above their h eads, but more
importantly, perhaps, to get into the tax net by owning a house, when the property is
located in one of those hit-list towns/cities. Even if you had own funds to deploy, it may be
worthwhile going in for a loan to build/ buy a house. The o nly people who would complain
are those who took a loan before 1999 and have to be contented with a smaller exemption
limit of Rs 30,000 while the newer borrowers get five times the benefit. To kill the envy, the
clue is `new for old'. Get a new loan to pay the old one. But the property remains in your
hands. Sell it to your brother-in-law and buy it back. That would involve registration, stamp
duty and so on. The best solution is to sell the old house at the best price, square off the old
loan, identif y a bigger house, buy it with a fresh loan and enjoy the benefit. If you work out
the financials on a spreadsheet, it may leave you richer by p% over the next n years. And,
since like rats and cats one tends to be lingering around in one's own locality, you might
have moved down from your fourth floor barsati to the ground floor of the same building.
*Now there are two rebates, one at 20 and the other at 30 per cent. Sinha has thought of
one more way to divide people. We were all getting used to slabs and corresponding rates
and got along amicably with one another till he offered a higher standard de duction for
women. Men became jealous of women for one more reason. But, ironically, women who
earned more were any way not getting the benefit and so were also envious of the other
women who got the extra deduction. All along, however, rebate was at a s ocialistic 20 per
cent, even if you are not chauvinistic enough to sneer at the special rebate for women. Now
comes the colonial technique of giving preferential treatment to one group, those with
income not exceeding Rs 1 lakh. They get 30 per cent reba te. Is that attractive enough for
you to shift your slab? If you can `manage' that, it is worth the try.
*The best way to lower income is not to earn any at all. Too radical, but my friend tells me
of how his friend would go on `loss-of-pay' leave to earn less and get out of the tax net.
You wouldn't want to follow his model, unless the opportunity cost of going to work more
than offsets what pittance you end up getting at your desk. Are there other ways to show a
reduced total, apart from making simple arithmetic mistakes which would be so obvious that
the first clerk in the Department could spot it? If y ou have already exhausted the housing
loan idea, you could try the deduction towards repairs route. But, if you are investing only
Rs 5000 in Sec 88 avenues, your saving would be Rs 500 only. Weigh the costs and benefits
before going below the line.
Run a lorry
*I have always thought of that, when I see a line of cabs outside Viveka College. The
incentive lies in the Budget. New commercial vehicles are eligible for accelerated
depreciation at 50 per cent - that is, half the cost. Two years flat, and you set off three-
fourths of your original investment against your income, provided you have been driving
around and earning fare and tips. No earnings? Carry forward the depreciation forever and
ever.
Perk off
*Does that sound offensive? But what to do? Sinha says he is after all the perks in whatever
name and he would value them at cost to the company. Does the clue lie there? The
company should show it at nominal value, so, even if the perk gets added to emp loyee's
income, the addition is minimal. Where would the real cost go? No, I am not teaching you
accounting here.
*The ceiling on interest beyond which the nasty TDS sword would fall has fallen. From Rs
10,000 to Rs 2500. Because people were avoiding the earlier ceiling by splitting the
deposits. But, nothing prevents you from engaging in a similar exercise now too, on a larger
scale.
Fall in line*I shouldn't be telling you this but am compelled to because the penalties have
become heavier. Ten times, to say the least. From Rs 500 to Rs 5000 if you fall under the
eco-crit (short for the new economic criteria) and fail to file a return , Rs 25000 if you don't
maintain books of accounts, and so on. What is the moral? One way to save money is not to
pay penalty. And how else not to pay penalty but to fall in line.
Besides the above, the following investments/expenditure are also subjected to Tax-
exemption
Dividends
Charity contributions