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diosys

Well-Known Member
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
1.) Yes it can be made and you both can also contribute towards it.

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.
 

diosys

Well-Known Member
I was wondering about certain expenses, like generators for power back up and multiple Internet connections, as tax deductions applicable for a full time derivatives trader like me. I am planning to buy a generator and/or a large Inverter in coming months, as power cuts are a norm in my city. It is going to cost me about 3 lakhs. How much can I get it deducted from applicable Income tax per year? full 3 lakhs in the financial year or I could claim only certain amount as depreciation per year? what about fuel consumption per hour? Any guidelines for paperwork needed to get it as income tax deduction?
The cost of the generator and inverter can only be claimed as depreciation @ 15%. The running cost can be claimed as an expense.
 
The cost of the generator and inverter can only be claimed as depreciation @ 15%. The running cost can be claimed as an expense.
Thanks :) So I can claim the full value of fuel (diesel) bills but not the cost of batteries for the inverter, which have to be replaced every 4 years? The IT department would certainly demand all the fuel purchase receipts but the petrol pumps generally do not give receipts here. :eek: I guess I have to demand receipts from them every time.
 
Hi diosys,

There are certain aspects to the filing of income from equities that seem ambiguous to me..please clarify if you find the time.I'm sure all or most of it has already been answered.I had gone through a lot of old pages here, sometime ago and had found many answers there. I don't remember most of it now though .I dread having to go through all of it again...so... :confused:

1) Is business income same as speculative income? What does income from day trading fall under?

2)I can trade and invest using the same account..but maintain separate books for both,thereby paying capital gains as well as tax on business income(or is it speculative income?), for transactions on the same account , right?

3)Definition of trading is open to interpretation , right? I presume that intra day transactions definitely fall under trading. What about BTST then? A stock bought in BTST is mostly bought with the intent of trading ( but can't it be used with the intent to cut losses in case of drastic decline in price from the very moment of purchase, even when you're open to holding onto the position for long term barring very steep drop in prices and dramatic change in business outlook (like in the case of RNRL immediately after the judgment),which would not be possible with a non btst purchase...or does investment mean holding onto your losses no matter how steep the fall in price.Now, I must add that all of this is not likely to happen in the little extra time that BTST buys..but still. It's more likely that I don't really understand investment :D

4)Again, how can intent to trade be established? Can a stock not be bought with the intent to invest..but be sold in a few days' time due to unforeseen external factors. Say...a stock were purchased with a target of 30% appreciation in price in a time frame of an year..but due to unforeseen positive developments, in a week's time, if the stock were to meet the target, and hence if it were to be sold,would this count as trading? How can intent even be established objectively? Are there any objective guidelines at all, that may be used as a reference point for this purpose - even if they are not binding on anyone?

5)Would the assessing officer be bound by any guidelines for scenarios such as the aforementioned?

6)Do accounts with turnover greater than 40 lakhs need auditing? Or is it only if the turnover from trading is greater than 40 lakhs? If the turnover from transactions resulting in capital gains is greater than 40 lakhs, then would no auditing be required? I'm somewhat aware of the allowances made for F&O transactions,but they don't apply to me currently at least.

7)In case of the final tally for all transactions in an year resulting in loss, day trading as well as investment, is it still mandatory for this loss to be declared
while filing tax or is it needed only if the losses need to be carried forward?

8) Is day trading income added to salary to arrive at tax rates for income?

That's a lot of questions...but it's tax-filing time and I haven't the slightest clue what goes where..and the customer care folks etc at online-filing portals seem to know no better.

Please try to clarify if possible...thanks!
 
respected sir
i am doing mcx future trading in my huf account i get some profit around 1 lakh last year.my ca told me that i required audit of my account because cost of trading material crosses the 40 lakh limit please suggest me what is the rule
 
please solved my problem
last year i worked in mcx i purchase and sale ag and au
Total sale around 3 crore
total profit plus loss 10 lakh
net profit 1 lakh
What is my trading amount 3 crore or 10 lakh
should i go for tax audit
 
Sir, I have a question. A senior Citizen over 70 years of age invested 15 lacs in approved
bank in Senior Citizen Saving Scheme 2004 in March 2010.
Can one avail deduction of One lac under Sec 80 C with above deposit for the Assesment Year 2010-11.Regards MKH
 

fjl24

Active Member
Hi Diosys

Firstly, thanks for the reply.

It is a business loss and this is the first year of trading in F&O segment.

Do i still need to maintain books of accounts in the given case.

In case i need to maintain books of accounts then how should the sales & purchases be shown. can it be shown net i.e. sales-purchase and then show the other expenses separately.

If not then in which section of the ITR-4 should the same be disclosed.

Thanks in advance
Regards
Floyd


Hi,

Sorry missed that one.

Your nature of Business would be - Retail Trading with code as 202.

The other two questions would depend if your business income exceeds Rs. 1.2 Lacs. If it does then you are required to get your books prepared and accordingly fill in all the desired information.
 
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SIR Can NSDL charges (which the bse and nse both applies on every sell of shares in respective exchange)be deducted from STCG of shares?

I have a STCG of Approximate 12k but i see NSDL charges being applied upto 200 buks on my account after every sell of shares...
 
1.) Yes it can be made and you both can also contribute towards it.

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.
Dear Diosys,

Thanks for your reply. Just wanted to clarify the following:

2 & 3.The trust will be assessed as individual i.e will its income have basic exemption and taxed at rates of individual or will have direct 30% tax as in companies.

Will this Trust have to be registered somewhere.Is there a draft available for such trust?

What will be the tax implications once this trust is closed and amount transferred to children as per todays law.

Regards
Indu
 

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