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Clubbing of Income

Clubbing of income means aggregation of income. This income is used for calculating taxable income. The definition of income is different in Income Tax Law from Accounting rules. As per accounting rules, income is the revenue before deducting expenses but as per law, income means all the income of a person like income from salaries, income from house properties, income from business and profession and income from other sources. When we take the total of all these incomes, it is called clubbing of income. Main aim of clubbing of income is to stop  tax leakage and tax avoidance measures.

Income Tax Law 1961 has following provisions regarding clubbing of income.

As per section 60-69,

In following situation, Minor's total income, other persons' income will be clubbed with assessee's total income.

a) If transfer of income without transfer of asset:

If assessee tries to transfer of income without transfer of asset, at that time, income will surely be clubbed in assessee's total income.

b) Revocable transfer of assets 

If a person tries to revocable transfer of assets, his income will be added in his total income as assessee. Revocable transfer of assets means that contract in which transferor has right to re-transfer of assets.

c) Income of Spouse or Son's Wife

Sometime assessee transfers an asset other than the house property to spouse or son's wife without any amount. Income of such asset will be clubbed to assessee's total income. Suppose, Mr. A is father of Mr. B. He deposited Rs. 100,00,000 to his wife C. Now interest of this amount will be included in the income of Mr. A.

However, this section is not applicable in the following cases—

(a) if assets are transferred before marriage.
(b) if assets are transferred for adequate consideration.
(c) if assets are transferred in connection with an agreement to live apart.
(d) if on the date of accrual of income, the transferee is not spouse of the transferor.
(e) if property is transferred by the Karta of HUF, gifting co-parcenary property to his wife.
(f) the property is acquired by the spouse out of the pin money (i.e., an allowance given to the wife by her
husband for her dress and usual household expenses).

d) Income of Minor

If a minor gets income, it will be income of either father or mother's income whose income will be high. If minor is physically challenged, his income will not be included. However, a deduction — Upto `. 1,500 per minor [Sec. 10(32)] shall be allowed against such income which is clubbed in the hands of the parent

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Accounting Education: Clubbing of Income
Clubbing of Income
Accounting Education
http://www.svtuition.org/2011/09/clubbing-of-income.html
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