Accountability of inetrest earned on FD

[KASTURI SETHI]

Dear all experts,

If I gift one FD of more than Rs.one lakh to my wife, whether interest earned on that FD will be accounted for towards my income or my wife's income for payment of Income Tax ? Pl. guide. Thanks.

[Ganeshan Kalyani]

Sir, in my view the interest income is taxable in the hands of your respected wife. However I welcome experts view on this. Thanks.

[KASTURI SETHI]

Sh.Ganeshan Kalyani Ji,

First of all thanks, Sir. As per my C.A. (My business partner) husband is responsible for payment of Income Tax on the amount of interest income of gifted FD. I wanted to have another view for confirmation before deposit of Income Tax. Anyhow it is taxable. (in my hands and not in wife's hands).

[Ganeshan Kalyani]

Sir I have re-checked the provision. I referred another section based on which I had replied. But as per section 64 of the IT Act your partner has rightly replied. Thanks. You may refer section 6061, 62, 63, to 64 of Income Tax Act which deals with Clubbing of Income. Thanks.

[KASTURI SETHI]

Sh.Ganeshan Kalyani Ji,

Agreed. It means my wife cannot avail exemption of three lakhs as senior citizen on account of interest earned on gifted FD because interest income is to be accounted for in my account for the purpose of payment of Income Tax. Do you agree ?

[Ganeshan Kalyani]

Yes sir. Any other income will be eligible for the basic exemption.

AI Summary

Clubbing of income rules assign interest from a gifted fixed deposit to the transferor for tax purposes, barring recipient's senior-exemption. Interest on a fixed deposit gifted to a spouse is attributed to the transferor under the clubbing of income provisions; accordingly the transferor must include such interest in his taxable income, and the spouse cannot claim exemptions against that interest though her other independent income remains assessable to her.