Need advice on tax planning

Q & A ForumCategory: Tax PlanningNeed advice on tax planning
mukhopam asked 9 years ago
Hi Mr. Sreekanth, I am a NRI working in Middle East for some years. I intend to return back to India in 2018 for good. All of my savings are in NRE account. Just before returning to India, I want to legally transfer my savings from my NRE account to my family members (mother, mother-in-law, brother-in law, sister and myself) so as to reduce the incidence of income tax. I want advice from you regarding this process, so that the transfers can be done in a proper legal way and they can return me the money on demand. I am looking your advice mostly on the income tax perspective and less on the recovery ways. I am looking for a foolproof means of transfer so that later I may not run into questions from the tax people. From the transferred amount, each of the family members will do some bank FDs and my sustenance will be from the FD interest. Being conservative, mutual funds are less of my interest and I will not qualify as a RNOR upon my return. Regards.
2 Answers
Sreekanth Staff answered 9 years ago
Hi, Are you going to Gift the amounts (or) consider it as Loans ? Kindly go through below article ; https://www.relakhs.com/gift-income-tax-rules-detailed-guide/ May I know your age and financial goals?? (if any)
Sreekanth Staff answered 9 years ago
Hi, (Based on your 'private' response..below is my reply).. Gifts can be tax-exempt but they repaying back can not make them as Gifts. Also, clubbing of income provisions might apply in some scenarios, when you gift an amount to your spouse, and if that amount is re-invested..(kindly go through suggested article). So, may be loans with out interest can be a better choice. You may maintain Loan Agreement(s) which are property drafted and notarized. You may take help of a CA/Lawyer to get these done. Though FDs/RDs give guaranteed and fixed return, actually investing in them will mostly lead to erosion of wealth due to inflation & taxes. You may kindly read : https://www.relakhs.com/avoid-fixed-deposits-rds-for-long-term/    
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