• Money transferred from abroad to India

1.	First Joint Account (First Name on Joint Account – MY MOTHER, Second Name on Joint Account – MY BROTHER)
a.	I work in UK and I have transferred money through my wife's NRE Account into the this account. 
b.	From April 2017 till date, the total amount transferred has been Rs.4250808.51/-, of which 
i.	There are Fixed Deposits of Rs.2000000/- (Twenty Lakhs) , 
ii.	An investment (ICICI PRUDENTIAL MUTUAL FUND) of Rs.500000/- (Five Lakh) 
iii.	Around Rs.700000/- (Seven Lakhs) cash is in the bank account available for withdrawal.
iv.	Remaining has been used towards ‘Living’ expenses incurred by family.
c.	My mother is retired and does not have any income and my brother has NOT worked within this financial year and does not have any savings of his own. The questions are:
i.	Does my mother OR my brother have any potential tax liabilities for the money that has been transferred into this particular account till date?
ii.	For the interest on the fixed deposits & debt fund paid into this account on a periodic basis, there is a ‘TDS’ deducted. What needs to be done to claim a ‘Tax Refund’ for this?

2.	Second Joint Account (First Name on Joint Account – MY BROTHER, Second Name on Joint Account – MY MOTHER)
a.	The money for my mother’s monthly living expenses is transferred into this account each month. The questions are:
i.	Does my mother OR my brother have any potential tax liabilities for the money that has been transferred into this particular account till date?
Asked 7 years ago in Income Tax

Source of income should be disclosed by your mother and brother in their income tax returns. This can be done by showing such transfers as gifts. Though gifts from relatives is exempt from tax, disclosure of such transfers if required.

Being a substantial amount, it would advisable to execute a gift deed or declarations by both fiber and donee can be executed.

Refund of the TDS deducted can be claimed by filing the returns of your mother and brother. Also, Form 15 G/H can be submitted with the bank for non deduction of TDS.

Lakshita Bhandari
CA, Mumbai
5687 Answers
943 Consultations

Hi,

No, I don't see any tax liability on the money transferred from you to your mother.

Your mother can show this as a gift in her return of income. Gifts from relative are tax free. Make sure to prepare a gift deed.

However, the money earned from investment will be subject to tax if exceed 2.5 lacs.

Please feel free to call revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

Hi,

All monies transferred from you or your wife to your brother / mother is exempt in the hands of the recipient. That is, all transfers to the First Join Account is exempt. The transfers from the First Joint account to the other is also exempt, since it is merely a transfer from one account to another, of the same holders. Thus, there are no potential tax liabilities on the amounts transferred to the First and Second Joint Account.

Regarding the interest on bank deposits and debt funds, your mother will have to file her tax returns and claim a refund of the excess tax deducted. The income will have to be taxed under the head, "Income from Other Sources". You can either contact a Chartered Accountant to file the returns or you may try doing it online yourself.

Please note, that for the ongoing financial year, you will have to file the tax return by 31 July 2018, and any delay will attract a late filing penalty. Currently, you can file the tax return belatedly for FY 2016-17.

Trust the above is clear.

Regards,

Keerthiga Padmanabhan

M.Com., CA, LL.B

Keerthiga Padmanabhan
CA, Greater Mumbai
784 Answers
27 Consultations

Hello,

No Tax liability for the money transferred by you as such.

For the TDS i.e deducted on their respective PAN can be claimed as a Refund while filing your returns.

Trust this clarifies your query.

Feel free to call / get back in case of further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, FCA, LLB, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

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