DIRECT TAX - CLUBBING OF INCOME SECTION 60-64 with FAQ'S

Clubbing Of Income Means Adding Up the Income To the Hands Of The Tax Payers, Please Read Below For Proper understanding Of The Clubbing Of Income Provisions :

Generally an assessee is taxed in respect of his own income. But sometimes in some exceptional circumstances this basic principle is deviated and the assessee may be taxed in respect of income which legally belongs to somebody else. Earlier the taxpayers made an attempt to reduce their tax liability by transferring their assets in favour of their family members or by arranging their sources of income in such a way that tax incidence falls on others, whereas benefits of income is derived by them . So to counteract such practices of tax avoidance, necessary provisions have been incorporated in sections 60 to 64 of the Income Tax Act Hence, a person is liable to pay tax on his own income as well as income belonging to others on fulfillment of certain conditions. Inclusion of other’s Incomes in the income of the assessee is called Clubbing of Income and the income which is so included is called Deemed Income. It is as per the provisions contained in Sections 60 to 64 of the Income Tax Act.

1.TRANSFER OF INCOME WITHOUT TRANSFER OF ASSET (SECTION. 60)

Section 60 is applicable if the following conditions are satisfied:

1. The taxpayer owns an asset

2. The ownership of asset is not transferred by him.

3. The income from the asset is transferred to any person under a settlement, or agreement.

If the above conditions are satisfied, the income from the asset would be taxable in the hands of the transferor

Illustration : Amitabh Bachan owns Debentures worth Rs 1,000,000 of ABC Ltd., (annual) interest being Rs. 100,000. On April 1, 2005, he transfers interest income to Sharukh Khan, his friend without transferring the ownership of these debentures. Although during 2005-06, interest of Rs. 100,000 is received by Sharukh Khan, it is taxable in the hands of Amitabh Bachan as per Section 60

2. REVOCABLE TRANSFER OF ASSETS (SECTION 61)

‘Revocable transfer’ means the transferor of asset assumes a right to re-acquire asset or income from such an asset, either whole or in parts at any time in future, during the lifetime of transferee. It also includes a transfer which gives a right to re-assume power of the income from asset or asset during the lifetime of transferee.

If the following conditions are satisfied section 61 will become applicable.

· An asset is transferred under a “revocable transfer”,

· The transfer for this purpose includes any settlement, or agreement

· Then any income from such an asset is taxable in the hands of the transferor and not the transferee (owner).

Note:-In the case of irrevocable transfer of asset , the income from such assets will be deemed to be the income of the transferee (To whom the asset has been transferred), provided that the transfer is not for the benefit of the spouse of the transferor.

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3. INCOME OF SPOUSE

The following incomes of the spouse of an individual shall be included in the total income of the individual:

A REMUNERATION FROM A CONCERN IN WHICH SPOUSE HAS SUBSTANTIAL INTEREST [SECTION 64 (1) (ii)]

Concern – Concern could be any form of business or professional concern. It could be a sole proprietor, partnership, company, etc.

Substantial interest - An individual is deemed to have substantial interest, if he /she (individually or along with his relatives) beneficially holds equity shares carrying not less than 20 per cent voting power in the case of a company or is entitled to not less than 20 percent of the profits in the case of a concern other than a company at any time during the previous year.

If the following conditions are fulfilled this section becomes applicable.

· If spouse of an individual gets any salary, commission, fees etc (remuneration) from a concern

· The individual has a substantial interest in such a concern

· The remuneration paid to the spouse is not due to technical or professional knowledge of the spouse.

Then such salary, commission, fees, etc shall be considered as income of the individual and not of the spouse.

Illustration - X has a substantial interest in A Ltd. and Mrs. X is employed by A Ltd. without any technical or professional qualification to justify the remuneration. In this case, salary income of Mrs. X shall be taxable in the hands of X.

When both husband and wife have substantial interest

Where both the husband and wife have a substantial interest in a concern and both are in receipt of the remuneration from such concern both the remunerations will be included in the total income of husband or wife whose total income,excluding such remuneration, is greater.

(B)INCOME FROM ASSETS TRANSFERRED TO SPOUSE [SECTION 64(1) (IV)]

Income from assets transferred to spouse becomes taxable under provisions of section 64 (1) (iv) as per following conditions:-

· The taxpayer is an individual

· He/she has transferred an asset (other than a house property)

· The asset is transferred to his/her spouse

· The asset is transferred without adequate consideration. Moreover there is no agreement to live apart.

If the above conditions are satisfied, any income from such asset shall be deemed to be the income of the taxpayer who has transferred the asset.

Illustration - X transfers 500 debentures of IFCI to his wife without adequate consideration. Interest income on these debentures will be included in the income of X.

When Section 64(i) (iv) is not applicable On this basis of the aforesaid discussion and judicial pronouncements, section 64 is not applicable in the following cases:

· If assets are transferred before marriage.

· If assets are transferred for adequate consideration.

· If assets are transferred in connection with an agreement to live apart.

· If on the date of accrual of income, transferee is not spouse of the transferor.

· If property is acquired by the spouse out of pin money (i.e. an allowance given to the wife by her husband for her dress and usual household expenses).

In the aforesaid five cases, income arising from the transferred asset cannot be clubbed in the hands of the transferor

4. INCOME FROM ASSETS TRANSFERRED TO SON’S WIFE [SEC. 64 (1) (VI)]

Income from assets transferred to son’s wife attract the provisions of section 64 (1) (vi) as per conditions below:-

1. The taxpayer is an individual.

2. He/she has transferred an asset after May 31, 1973.

3. The asset is transferred to son’s wife.

4. The asset is transferred without adequate consideration.

In the case of such individuals, the income from the asset is included in the income of the taxpayer who has transferred the asset.

5. INCOME FROM ASSETS TRANSFERRED TO A PERSON FOR THE BENEFIT OF SPOUSE [SEC. 64 (1) VII)]

Income from assets transferred to a person for the benefit of spouse attract the provisions of section 64 (1) (vii) on clubbing of income. If:

· The taxpayer is an individual.

· He/she has transferred an asset to a person or an association of persons.

· Asset is transferred for the benefit of spouse.

· The transfer of asset is without adequate consideration.

In case of such individuals income from such an asset is taxable in the hands of the taxpayer who has transferred the asset.

6. INCOME FROM ASSETS TRANSFERRED TO A PERSON FOR THE BENEFIT OF SON’S WIFE [SEC. 64 (1) (VIII)]

Income from assets transferred to a person for the benefit of son’s wife attract the provisions of section 64 (1) (vii) on clubbing of income. If,

1. The taxpayer is an individual.

2. He/she has transferred an asset after May 31, 1973.

3. The asset is transferred to any person or an association of persons.

4. The asset is transferred for the benefit of son’s wife.

5. The asset is transferred without adequate consideration.

In case of such individual, the income from the asset is included in the income of the person who has transferred the asset.

7. INCOME OF MINOR CHILD (SEC. 64 (1A)

All income which arises or accrues to the minor child shall be clubbed in the income of his parent (Sec. 64(1A), whose total income (excluding Minor’s income) is greater. However, in case parents are separated, the income of minor will be included in the income of that parent who maintains the minor child in the relevant previous year.

Exemption to parent [Sec10 (32)]

An individual shall be entitled to exemption of Rs. 1,500 per annum(p.a.) in respect of each minor child if the income of such minor as included under section 64 (1A) exceeds that amount. However if the income of any minor child is less than Rs. 1,500 p.a. the aforesaid exemption shall be restricted to the income so included in the total income of the individual.

When Section 64(1A) is not applicable

In case of income of minor child from following sources, the income of minor child is not clubbed with the income of his parent.

· Income of minor child on account of any manual work.

· Income of minor child on account of any activity involving application of his skill, talent or specialized knowledge and experience.

· Income of minor child (from all sources) suffering from any disability of the nature specified under section 80U .

8. OTHER RELATED POINTS

Can negative income be clubbed?

If clubbing provisions are applicable and income from such a source is negative it will still be clubbed in the income of assessee.

Head of income under which an income belonging to somebody else would be clubbed

The other person’s income is taxable under the head under which it would have been taxable if it is the income of the assessee himself.

For example Mr. X gifts Mrs. X Rs 2 lakhs from which she starts a business. Now as per clubbing provisions whatever is the profit from this business it will be taxable in the hands of Mr. X. Since it is an income taxable under the head ‘Profits & gains of Business & profession’ that is why it will be taxable under the same head and income will be calculated as if it is the business of Mr. X.

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9. GLOSSARY

Transferor- The person who transfers any of his belongings, specifically his assets/income to another person is known as Transferor.

Transferee-The person to whom the transferor transfers his / her assets is known as transferee.

Revocable- he right to reacquire or take back anything legally which was given earlier under an agreement or settlement.

Minor- A person who is below the age at which he or she legally becomes an adult. In India at present a person becomes adult at the age of 18 years.

DOWNLOAD PROVISION FOR CLUBBING OF INCOME
10.CLUBBING PROVISIONS AT A GLANCE

SECTION	NATURE OF TRANSACTION	CLUBBED IN THE HANDS OF	CONDITIONS/EXCEPTIONS	RELEVANT REFERENCE
60	Transfer of Income without transfer of Assets.	Transferor who transfers the income.	Irrespective of: 1. Whether such transfer is revocable or not. 2. Whether the transfer is effected before or after the commencement of IT Act.	1. Income for the purpose of Section 64 includes losses. [P. Doriswamy Chetty 183 ITR 559 (SC)] [also see Expl. (2) to Section 64] 2. Section 60 does not apply if corpus itself is transferred. [Grandhi Narayana Rao 173 ITR 593 (AP)]
61	Revocable transfer of Assets.	Transferor who transfers the Assets.	Clubbing not applicable if: 1. Trust/transfer irrevocable during the lifetime of beneficiaries/transferee or 2. Transfer made prior to 1-4-1961 and not revocable for a period of 6 years. Provided the transferor derives no direct or indirect benefit from such income in either case.	Transfer held as revocable 1. If there is provision to re transfer directly or indirectly whole/part of income/asset to transferor; 2. If there is a right to reassume power, directly or indirectly, the transfer is held revocable and actual exercise is not necessary. [S. Raghbir Singh 57 ITR 408 (SC)] 3. Where no absolute right is given to transferee and asset can revert to transferor in prescribed circumstances, transfer is held revocable. [Jyotendrasinhji vs. S. I. Tripathi 201 ITR 611 (SC)]
64(1)(ii)	Salary, Commission, Fees or remuneration paid to spouse from a concern in which an individual has a substantial* interest.	Spouse whose total income (excluding income to be clubbed) is greater.	Clubbing not applicable if: Spouse possesses technical or professional qualification and remuneration is solely attributable to application of that knowledge/qualification.	1. The relationship of husband and wife must subsist at the time of accrual of the income. [Philip John Plasket Thomas 49 ITR 97 (SC)] 2. Income other than salary, commission, fees or remuneration is not clubbed under this clause
64(1)(iv)	Income from assets transferred directly or indirectly to the spouse without adequate consideration.	Individual transferring the asset.	Clubbing not applicable if: The assets are transferred; 1. With an agreement to live apart. 2. Before marriage. 3. Income earned when relation does not exist. 4. By Karta of HUF gifting co-parcenary property to his wife. L. Hirday Narain vs. ITO 78 ITR 26 (SC) 5. Property acquired out of pin money. R.B.N.J. Naidu vs. CIT 29 ITR 194 (Nag.)	1. Income earned out of Income arising from transferred assets not liable for clubbed. [M.S.S. Rajan 252 ITR 126 (Mad)] 2. Cash gifted to spouse and he/she invests to earn interest. [Mohini Thaper vs. CIT 83 ITR 208 (SC)] 3. Capital gain on sale of property which was received without consideration from spouse [Sevential M. Sheth vs. CIT 68 ITR 503 (SC)] 4. Transaction must be real. [O.N. Mohindroo 99 ITR 583 (Delhi)]
64(1)(vi)	Income from the assets transferred to son’s wife.	Individual transferring the Asset.	Condition: The transfer should be without adequate consideration.	Cross transfers are also covered [C.M.Kothari 49 ITR 107 (SC)]
64(1)(vii), (viii)	Transfer of assets by an individual to a person or AOP for the immediate or deferred benefit of his: (vii) - Spouse. (viii) - Son’s wife.	Individual transferring the Asset.	Condition: 1. The transfer should be without adequate consideration.	1. Transferor need not necessarily have taxable income of his own. [P. Murugesan 245 ITR 301 (Mad)] 2. Wife means legally wedded wife. [Executors of the will of T.V. Krishna Iyer 38 ITR 144 (Ker)]
64(1A)	Income of a minor child [Child includes step child, adopted child and minor married daughter].	1. If the marriage subsists, in the hands of the parent whose total income is greater; or; 2. If the marriage does not subsist, in the hands of the person who maintains the minor child. 3. Income once included in the total income of either of parents, it shall continue to be included in the hands of same parent in the subsequent year unless AO is satisfied that it is necessary to do so (after giving that parent opportunity of being heard)	Clubbing not applicable for:— 1. Income of a minor child suffering any disability specified u/s. 80U. 2. Income on account of manual work done by the minor child. 3. Income on account of any activity involving application of skills, talent or specialized knowledge and experience.	1. Income out of property transferred for no consideration to a minor married daughter, shall not be clubbed in the parents’ hands. [Section 27] 2. The parent in whose hands the minor’s income is clubbed is entitled to an exemption up to Rs. 1,500 per child. [Section 10(32)]
64(2)	Income of HUF from property converted by the individual into HUF property.	Income is included in the hands of individual & not in the hands of HUF.	Clubbing applicable even if: The converted property is subsequently partitioned; income derived by the spouse from such converted property will be taxable in the hands of individual.	Fiction under this section must be extended to computation of income also. [M.K. Kuppuraj 127 ITR 447 (Mad)]

FAQs on Clubbing of Income

What is the meaning of clubbing of income?

Normally, a person is taxed in respect of income earned by him only. However, in certain special cases income of other person is included (i.e. clubbed) in the taxable income of the taxpayer and in such a case he will be liable to pay tax in respect of his income (if any) as well as income of other person too. The situation in which income of other person is included in the income of the taxpayer is called as clubbing of income. E.g., Income of minor child is clubbed with the income of his/her parent. Section 60 to 64 give various provisions relating to clubbing of income.

Do any clubbing provisions exist in case of transfer of income without transfer of asset?

As per section 60, if a person transfers income from an asset owned by him without transferring the asset from which the income is generated, then the income from such an asset is taxed in the hands of the transferor (i.e.,person transferring the income).

E.g., Mr. Raj has given a bungalow owned by him on rent. Annual rent of the bungalow is Rs. 84,000. He transferred entire rental income to his friend Mr. Kumar. However, he did not transfer the bungalow. In this situation, rent of Rs. 84,000 will be taxed in the hands of Mr. Raj.

Do any clubbing provisions exist in case of a revocable transfer?

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.

As per section 61, if a transfer is held to be a revocable, then income from the asset covered under revocable transfer is taxed in the hands of the transferor. The provisions of section 61 will not apply in case of a transfer by way of trust which is not revocable during the life time of the beneficiary or a transfer which is not revocable during the lifetime of the transferee.

Can remuneration received by spouse of an individual be clubbed with his/her income?

Under certain circumstances as given in section 64(1)(ii), remuneration (i.e., salary) received by the spouse of an individual from a concern in which the individual is having substantial interest is clubbed with the income of the individual. Provisions in this regard are as follows:

- The individual is having substantial interest in a concern (*).

- Spouse of the individual is employed in the concern in which the individual is having substantial interest.

- The spouse of the individual is employed without any technical or professional knowledge or experience (i.e., remuneration is not justifiable).

(*) An individual shall be deemed to have substantial interest in any concern, if such individual alone or along with his relatives beneficially
holds at any time during the previous year 20% or more of the equity shares(in case of a company) or is entitled to 20% of profit (in case of concern other than a company).

Relative for this purpose includes husband, wife, brother or sister or lineal ascendant or descendent of that individual [ section 2(41)].

Illustration for better understanding

Mr. Raja is beneficially holding 21% equity shares of Essem Minerals Pvt. Ltd. Mrs. Raja is employed as Manager (in accounts department) in Essem Minerals Pvt. Ltd. at a monthly salary of Rs. 84,000. Mrs. Raja is not having any knowledge, experience or qualification in the field of accountancy. Will the remuneration (i.e., salary) received by Mrs. Raja be clubbed with the income of Mr. Raja?

In this situation, Mr. Raja is having substantial interest in Essem Minerals Pvt. Ltd. and remuneration of Mrs. Raja is not justifiable (i.e., she is employed without any technical or professional knowledge or experience) and, hence, salary received by Mrs. Raja from Essem Minerals Pvt. Ltd. will be clubbed with the income of Mr. Raja and will be taxed in the hands of Mr. Raja.

Illustration for better understanding

Mrs. Kumar is beneficially holding 25% equity shares of SM Construction Pvt. Ltd. Mr. Kumar is an architect and he is employed as site observer of one of the construction sites of the company at a monthly salary of Rs. 28,400. The remuneration received by Mr. Kumar is justifiable considering his knowledge, experience and qualification. Will the remuneration received by Mr. Kumar be clubbed with the income of Mrs. Kumar because she is having substantial interest in SM Construction Pvt. Ltd.?

In this situation, Mrs. Kumar is having substantial interest in SM Construction Pvt. Ltd., but Mr. Kumar is deputed on the basis of his knowledge, experience and qualification and, hence, remuneration paid to him is justifiable. The clubbing provisions of section 64(1)(ii) apply only in a case where spouse is deputed without any technical or professional knowledge or experience. In this case, the remuneration of spouse is justifiable, hence, salary received by Mr. Kumar will not be clubbed with the income of Mrs. Kumar but will be taxed at in his hands.

Can income from assets transferred to spouse without adequate consideration be clubbed with the income of transferor-spouse?

As per section 64(1)(iv), if an individual transfers (directly or indirectly) his/her asset (other than house property) to his or her spouse otherwise than for adequate consideration, then income from such asset will be clubbed with the income of the individual (i.e.,transferor). Income from transfer of house property without adequate consideration will also attract clubbing provisions, however, in such a case clubbing will be done as per section 27 and not under section 64(1)(iv). The clubbing provisions of section 64(1)(iv) will apply even if the form of asset is changed by the transferee-spouse. There are certain situations in which the clubbing provisions of section 64(1)(iv) are not applicable (refer next FAQ for these situations).

Illustration for better understanding

Mr. Soham holds 8,400 debentures of Shyamal Minerals Ltd. He gifted these debentures to his wife. Will the income from debentures be clubbed with the income of Mr. Soham?

In this situation, the debentures are transferred to spouse. Transfer is via gift (i.e., without any consideration) and, hence, income generated from the transferred asset, i.e., interest on such debentures will be clubbed with the income of Mr. Soham.

Illustration for better understanding

Mr. Kapoor gifted Rs. 8,40,000 to his wife. The said amount is invested by his wife in debenture of a company. Will the income from the debenture purchased by Mrs. Kapoor from gifted money be clubbed with the income of Mr. Kapoor?

Rs. 8,40,000 is transferred to spouse. Fund is transferred via gift (i.e., without adequate consideration) and, hence, the provisions of section 64(1)(iv) will be attracted. The provisions of clubbing will apply even if the form of asset is changed by the transferee-spouse.

In this case asset transferred is money and, subsequently, the form of asset is changed to debentures, hence, income formfrom debentures acquired from money gifted by her husband will be clubbed with the income of her husband. Thus, interest on debenture received by Mrs. Kapoor will be clubbed with the income of Mr. Kapoor.

Illustration for better understanding

Mr. Kapoor gifted Rs. 8,40,000 to his wife and she started garments business from the said money. Will the income earned by Mrs. Kapoor from garments business be clubbed in the income of Mr. Kapoor?

The clubbing provisions of section 64(1)(iv) will apply even if the form of asset is changed by the transferee spouse. In this case, gifted money is invested in business (i.e., form of asset is changed) and hence profit from the business attributable to the gifted funds (computed on the basis of the funds invested in the business on the first day of the relevant year) will be clubbed in the income of Mr. Kapoor.

Are there any situations in which the clubbing provisions do not apply in case of income from assets transferred to spouse?

The clubbing provisions of section 64(1)(vi) are not applicable in the following situations:

· If the transfer of asset is for adequate consideration;

· If the transfer of asset is in connection with an agreement to live apart;

· If the asset is transferred before marriage, no income will be clubbed even after marriage, since the relation of husband and wife should exist both at the time of transfer of asset and at the time of accrual of income;

· If on the date of accrual of income, transferee is not spouse of the transferor (i.e. the relation of husband and wife does not exist).

 Can income from assets transferred to son’s wife without adequate consideration be clubbed with the income of transferor, i.e., father-in-law/mother-in-law?　

As per section 64(1)(vi), if an individual transfers (directly or indirectly) his/her asset to his/ her son’s wife otherwise than for adequate consideration, then income from such asset will be clubbed with the income of the individual (i.e., transferor being father-in-law/mother-in-law). The provisions of clubbing will apply even if the form of asset is changed by the transferee-daughter-in-law.

If the asset is transferred before marriage of son, no income will be clubbed even after marriage, since the relation of father-in-law/mother-in-law and daughter-in-law should exist both at the time of transfer of asset and at the time of accrual of income.

If on the date of accrual of income, the relation of father-in-law/mother-in-law and daughter-in-law does not exist, then the provisions of clubbing will not apply.

 Can income from assets transferred to any person for the benefit of spouse or for the benefit of son’s wife without adequate consideration be clubbed with the income of transferor?

As per section 64(1)(vii), if an individual transfers (directly or indirectly) his/her asset otherwise than for adequate consideration to a person or an association of persons for the immediate or deferred benefit of his/her spouse, then income arising from the asset so transferred will be clubbed with his income and will be charged to tax in his hands.

As per section 64(1)(viii) , if any individual transfers (directly or indirectly) his/her asset otherwise than for adequate consideration to a person or an association of persons for the immediate or deferred benefit of his/her son’s wife, then income arising from the asset so transferred will be clubbed with his income and will be charged to tax in his hands.

Is minor child’s income clubbed with the income of parent?

As per section 64(1A) , income of minor child is clubbed with the income of his/her parent (*). Income of minor child earned on account of manual work or income from the skill, knowledge, talent, experience, etc., of minor child will not be clubbed with the income of his/her parent. However, accretion from such income will be clubbed with the income of parent of such minor.

Income of minor will be clubbed along with the income of parent whose income excluding minor’s income is higher.

If the marriage of parents does not sustain, then minor’s income will be clubbed with the income of parent who maintains the minor.

The taxpayer can claim an exemption under section 10(32)) lower of Rs. 1,500 or income of minor so clubbed.

(*) Provisions of section 64(1A) will not apply to any income of a minor child suffering from disability specified under section 80U. In other words income of a minor suffering from disability specified under section 80U will not be clubbed with the income of his/her parent.

Illustration for better understanding

Mr. Raja has two minor children, viz., Master A and Master B. Master A is a child artist and Master B is suffering from diseases specified under section 80U. Income of A and B are as follows:

· Income of A from stage shows: Rs. 1,00,000

· Income of A from bank interest: Rs. 6,000

· Income of B from bank interest: Rs. 1,20,000.

Will the income of minor children be clubbed with the income of their parent (Mrs. Raja is not having any income)?

As per section 64(1A) , income of minor children is clubbed along with the income of parent whose income excluding minor’s income is higher. In this case, Mrs. Raja is not having any income and, hence, if any income is to be clubbed then it will be clubbed with the income of Mr. Raja.

Income of minor child earned on account of manual work or income from the skill, knowledge, talent, experience, etc., of minor child will not be clubbed with the income of his/her parent. Thus, income of A from stage show will not be clubbed with the income of Mr. Raja but income of A from bank interest of Rs. 6,000 will be clubbed with the income of Mr. Raja.

Income of a minor suffering from disability specified under section 80U will not be clubbed with the income of his/her parent. Hence, any income of B will not be clubbed with the income of Mr. Raja.

The taxpayer can claim an exemption under section 10(32) of lower of Rs. 1,500 or income of minor so clubbed. Thus, in respect of interest income of Rs. 6,000 clubbed in the income of Mr. Raja, he will be entitled to claim exemption of Rs. 1,500 under section 10(32), hence, net income to be clubbed will be Rs. 4,500 (i.e., Rs. 6,000 – Rs. 1,500).

Will any clubbing provision apply in case of transfer of asset to Hindu Undivided Family (HUF) by its member?

As per section 64(2) , when an individual, being a member of HUF, transfers his property to the HUF otherwise than for adequate consideration or converts his property into the property belonging to the HUF (it is done by impressing such property with the character of joint family property or throwing such property into the common stock of the family), then clubbing provisions will apply as follows:

· Before partition of the HUF, entire income from such property will be clubbed with the income of transferor.

· After partition of the HUF, such property is distributed amongst the members of the family. In such a case income derived from such property by the spouse of the transferor will be clubbed with the income of the individual and will be charged to tax in his hands.

What are the general points to be kept in mind while applying clubbing provisions of sections 60 to 64?

While applying the provisions of sections 60 to 64, following points should be kept in mind:

· All the clubbing provisions given in sections 60 to 64 are not applicable to second generation income, i.e., income arising from accretion to the transferred assets.

E.g., Mr. Raja gifted Rs. 1,00,000 to his wife, she purchased debentures from the gifted money and earned interest of Rs. 10,000. Now in this situation, Rs. 10,000 will be taxed in the hands of Mr. Raja. If Mrs. Raja purchased bonds worth Rs. 10,000 from the aforesaid interest income and earned Rs. 1,200 as interest on these bonds, then such interest on bonds being second generation income will not be clubbed with the income of Mr. Raja.

· Under section 64, not only income (i.e. positive), but negative income (i.e. loss) is also clubbed.

E.g. Mr. Kumar transferred Rs. 84,000 to his wife. From the said amount his wife started a business and suffered a loss of Rs. 2,520. In this situation, loss of Rs. 2,520 will be clubbed with the income of Mr. Kumar, and accordingly, Mr. Kumar can adjust such loss from his income.

· Income will be clubbed under the same head of income as if such income would have been charged to tax if the clubbing provisions would have not been applied. In other words, first, the income to be clubbed is to be computed in the hands of the receiver of income under the respective head (i.e., the head of income depending upon the nature of income). Then, the income so computed will be taxed (i.e., clubbed) in the income of respective person under the same head of income.

What is the meaning of clubbing of income?

Do any clubbing provisions exist in case of transfer of income without transfer of asset?

Do any clubbing provisions exist in case of a revocable transfer?

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.

Can remuneration received by spouse of an individual be clubbed with his/her income?

– The individual is having substantial interest in a concern (*). – Spouse of the individual is employed in the concern in which the individual is having substantial interest.

– The spouse of the individual is employed without any technical or professional knowledge or experience (i.e., remuneration is not justifiable).

Relative for this purpose includes husband, wife, brother or sister or lineal ascendant or descendent of that individual [ section 2(41)].

Illustration for better understanding

Can income from assets transferred to spouse without adequate consideration be clubbed with the income of transferor-spouse?

Illustration for better understanding

Mr. Soham holds 8,400 debentures of Shyamal Minerals Ltd. He gifted these debentures to his wife. Will the income from debentures be clubbed with the income of Mr. Soham?

Illustration for better understanding

Mr. Kapoor gifted Rs. 8,40,000 to his wife and she started garments business from the said money. Will the income earned by Mrs. Kapoor from garments business be clubbed in the income of Mr. Kapoor?

Are there any situations in which the clubbing provisions do not apply in case of income from assets transferred to spouse?

The clubbing provisions of section 64(1)(vi) are not applicable in the following situations:

· If the transfer of asset is for adequate consideration;

· If the transfer of asset is in connection with an agreement to live apart;

· If on the date of accrual of income, transferee is not spouse of the transferor (i.e. the relation of husband and wife does not exist).

 Can income from assets transferred to son’s wife without adequate consideration be clubbed with the income of transferor, i.e., father-in-law/mother-in-law?