Dear Sir,
My Father in Law wants to create individual trusts, for all his grand children, in his lifetime.They would like to transfer shares and funds to these trusts ,with the provision that the trustees can withdraw some amount for childs education etc.after children attain 18 years of age and all balance amount in trust would go to the child once he attains 30 years of age. Both my In Laws are tax payers.Me and my husband are also tax payers.
Now I want to ask the following:
1.Can such trust be made and who can contribute to it.Can we also contribute to it.
2.What would be taxation on the trust.
3.Will its income be clubbed with our income as in case of Minors.
4.When my inlaws transfer to trust ,will the transfer be taxed in gift tax.
5.Since we are sure that we do not need this money till children become major,is it advisable to adopt this route or is there any other way to go about it.
Your advise will be of great help.
Regards
Indu
My Father in Law wants to create individual trusts, for all his grand children, in his lifetime.They would like to transfer shares and funds to these trusts ,with the provision that the trustees can withdraw some amount for childs education etc.after children attain 18 years of age and all balance amount in trust would go to the child once he attains 30 years of age. Both my In Laws are tax payers.Me and my husband are also tax payers.
Now I want to ask the following:
1.Can such trust be made and who can contribute to it.Can we also contribute to it.
2.What would be taxation on the trust.
3.Will its income be clubbed with our income as in case of Minors.
4.When my inlaws transfer to trust ,will the transfer be taxed in gift tax.
5.Since we are sure that we do not need this money till children become major,is it advisable to adopt this route or is there any other way to go about it.
Your advise will be of great help.
Regards
Indu
2.) Trust would be liable for taxation in it's own capacity and assessed separately....It would have its own PAN also.
3.) Its income is separate and assessed in it's own hand at the rate of 30%.
4.) Such transfer is a capital gain but since the consideration is nil hence capital gain cannot be calculated hence the liability shall be nil.
According to me a simple gift shall be a better way since it helps in avoiding litigation and also maintenance of two more set of records of the trusts.