Guide to .. Tax Management ,Tax Planning and Tax Saving
 
It Is Possible To Have A Trust For Your Prospective Spouse
Yes, it is legally possible to have a trust for an unborn person like a would-be-son, would-be wife of a son or a grandson, etc., in such a manner that the said trust becomes assessable at the normal slab rates of income tax applicable to an association of persons (AOP) or an individual, and the income of the unborn person is also not liable to be clubbed with the income of the father, grandfather, etc. It is suggested that this tax planning should be adopted only when the settlor wants to make genuine settlement for the benefit of the unborn person. The drafting of the trust deed requires special skill from the point of view of the provisions of the Transfer of Property

Act in the matter of the rule against perpetuity, etc. None of the beneficiaries should be a beneficiary under another trust and his other income should be below the taxable limit. If these precautions are not taken, the entire income of such a trust would become liable to tax under Section 164(1) of the IT Act at the maximum rate of income tax applicable to an individual, which is 30% on income tax for AY 2012-2013. If all the precautions are taken, the income of the trust for the unborn person would be liable to tax at the normal rates of IT applicable to an association of persons (AOP) or an individual. This is also clear from the CBDT Circular No.577 dated 4.9.90.


A further precaution is to be taken to ensure that the trust should not have any profit and gains of business conducted through the medium of such trust. Where a private family trust derives income from a business undertaking, the entire income, including income from other trust property, will be charged at the maximum marginal rate of tax, except where a trust is declared by a person in his Will under certain circumstances as explained below.


It is also possible for a Hindu to have a genuine endowment for his personal deity or God to be liable to separate assessment as an artificial juridical person described as a “person” under Section 2(31) of the IT Act at normal slab rates of tax.
 
MORE TOPICS ...
Introduction to Family Tax Planning
Family Tax Planning - Matter Of Making Gifts And Settlements
Family Tax Planning For A Nuclear Family
Family Tax Planning By DINKs (Double Income No Kids)
Family Tax Planning While Accepting Gift
Have A Trust For Your Prospective Spouse for Family Tax Planning
It Is Possible To Have Discretionary Trust - Family Tax Planning
Avoid Oral Trust towards Family Tax Planning
Conclusion @ Family Tax Planning
How To Avoid Clubbing Of Income Of Husband And Wife -Tax Planning
How To Avoid Clubbing Of Income Of Minor Child In Parent’s Income
Minor Child should have Separate Income Tax File for Tax Planning
Use Of Marriage For Family Tax Planning
Major Children Are Your Great Tax Savers for Family Tax Planning
Your Parents And In-Laws Can Save More Taxes For You
You May Plan To Save Income Tax For Your Successors
Separate Income Tax File For A Daughter-In-Law
 
 
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Taxation in Business & Profession [Section 28 to 44]
Taxation in Business & Profession [Section 28 to 44]

Computation of income under the head 'Profits and Gains of Business or Professions' [Section 28 to 44]

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Tax Computation with Assessment of Salaried Person, HUF, Individuals
Tax Computation with Assessment of Salaried Person, HUF, Individuals.

Computation of Income with Assessment Under the Head 'Salary', 'HUF', 'Individuals'.


Indivisuals
HUF
Salaried Person
 
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