Hindu Undivided Family (HUF) Slabs, Deductions & Filing Tips for FY 2025–26

June 19, 2025

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Every year, families across India file their income tax returns often under individual names, sometimes missing out on a hidden advantage already built into the system - The Hindu Undivided Family (HUF). 

 

It’s not a new tax scheme. It’s not a loophole. It’s a legally recognized entity that’s been part of India’s tax law for decades and, if your family owns ancestral property or earns income jointly, the HUF structure could help you save thousands (or lakhs) in taxes, legally.

 

But here's the catch: while many families qualify to form a HUF, very few actually understand how to use it right, especially under the new vs. old tax regime rules.

 

In this blog, we’ll walk you through the income tax slabs for HUFs in FY 2025–26, what deductions are allowed (and not allowed) under each regime and the right forms and documents to file your HUF’s return without error

 

Whether you're new to the concept or trying to make your filings sharper this year, this guide will help you do more with the structure you already have. 

 

 

What is a Hindu Undivided Family (HUF)?

 

A Hindu Undivided Family (HUF) is a distinct legal entity under the Section 2(31) of Income Tax Act, 1961. The HUF entity is formed automatically when a Hindu family consists of two or more members living together and sharing income, assets, and responsibilities. It is not a creation of a contract or registration but arises out of status — particularly family and lineage. 

 

 

Who Can Form a HUF?

 

The term "Hindu" for HUF is defined broadly under Hindu personal law and is not restricted to religious Hindus alone. As per Indian law, the following communities can form an HUF:

  • Hindus
  • Jains
  • Sikhs
  • Buddhists

 

These communities are included because they are governed by the Hindu Succession Act, 1956, when it comes to inheritance and joint family property. On the other hand, other communities are not allowed to create an HUF, as their personal laws do not recognize joint family structures in the same way.

 

 

What Types of Income Fall Under HUF?

 

An HUF can earn income in its own name, separate from that of its individual members. This income must arise from joint family property or assets acquired using HUF funds. The key income categories include:

  • Rental income from ancestral or jointly purchased property.
  • Business income run and operated in the name of HUF.
  • Capital gains or interest earned from HUF-owned investments.
  • Returns on inherited assets, such as gold, land, or equity acquired using joint family funds.

 

Note: Salaries or professional income earned by members through personal skill or employment are not considered HUF income.

 

 

Who Are the Beneficiaries and Successors (Equitable Interests)

 

HUF is composed of:

  • Coparceners: These are the direct descendants — up to four generations — who have a birthright in the HUF property. After the Hindu Succession (Amendment) Act, 2005, daughters were also added as coparceners .
  • Members: These include spouses of coparceners and others who are part of the joint family but do not have equal rights in ancestral property.

Only coparceners can demand a partition or become Karta (head of the family), while members enjoy a share in the income and assets but lack direct control.

 

The HUF structure ensures equitable distribution among heirs by default, protecting the family legacy across generations and simplifying succession without needing a will.

 

 

Filing Returns — Forms, Documents, Timelines for HUF

 

A Hindu Undivided Family (HUF) is treated as a separate legal taxpayer under the Income Tax Act. Like individuals, HUFs must file annual income tax returns, maintain proper accounts, and comply with statutory filing requirements.

 

FormPurposeIs it Relevant for HUFs?When is it Used?
ITR-2Income Tax Return form for HUFs with capital gains, multiple properties, or foreign assetsYesWhen HUF does not have business income but earns from property, capital gains, or foreign sources
 
ITR-3Return for HUFs with business/professional incomeYesWhen HUF has business, profession, or audit-requiring activities
ITR-4 (SUGAM)Simplified return under presumptive taxation schemesYes (limited to eligible cases)If HUF has small business income (under ₹2 crore) and opts for presumptive taxation
Form 16ATDS certificate for non-salary income like interest or rentYesIf TDS is deducted on HUF’s income from FDs, rent, commissions
Form 67To claim foreign tax credit under DTAARarelyIf the HUF earns foreign income and pays taxes abroad (unusual but valid)
Form 3CBAudit report for businesses not maintaining books as per Sec 44AAYes (if applicable)If HUF’s business income is subject to tax audit under Section 44AB
Form 3CDStatement of particulars required with Form 3CB for auditsYes (with 3CB)Filed along with 3CB during HUF tax audit
Form 3CEBTransfer pricing report for international or specified domestic transactionsYes (rare)Only if HUF is engaged in related-party transactions needing TP audit

 

 

Essential Documents to Keep Ready

 

  • HUF PAN Card
  • Karta’s Aadhaar & PAN
  • Bank account passbooks/statements
  • TDS certificates (Form 16A)
  • Investment proofs under Section 80C, 80D, etc.
  • Property ownership documents and rental agreements (if applicable)
  • Financial statements (Profit & Loss, Balance Sheet) — if in business

 

Key Timelines

 

  • Standard ITR Filing Deadline (Non-audited HUFs): September 15 for FY 2024-25, July 31 for FY 2025-26
  • Audited HUFs: October 31
  • Form 15G/15H (TDS Exemption): Submit at the start of the FY, usually in April

 

Filing under the correct form and timeline ensures smoother processing and quicker refunds, especially if your HUF earns rental, interest, or business income.

 

 

Tax-Saving Deductions Under Old & New Regimes

 

Old Tax Regime – Deductions Available for HUF

 

The old regime offers numerous deductions, which many HUFs prefer due to flexibility in claiming tax savings:

 

SectionDeductionLimitApplicability
80CLIC, ELSS, PPF, Sukanya, Principal on home loan₹1.5 lakhCan be in HUF’s name
80DHealth insurance premium₹25,000–₹1,00,000For members dependent on HUF
80GDonations50% to 100% of amountIf eligible NGOs or causes donated to
24(b)Interest on housing loan₹2 lakhIf HUF owns the property
10(2)Amount received by coparceners from HUFFully exemptIncome split amongst members is tax-free in hands of recipient
80TTASavings account interest₹10,000For non-senior HUFs

 

These deductions help optimize taxes, especially if the HUF holds investments or earns rent, capital gains, or other passive income.

 

New Tax Regime for HUFs – Key Features (Section 115BAC)

 

The new regime has lower slab rates but does not allow most deductions. Here's what it offers:

 

  • The standard deduction of ₹50,000 is not available to HUFs. This benefit is only applicable to salaried individuals and pensioners (Section 16(ia)), not to HUF entities.
  • Deductions under Chapter VI-A (such as 80C, 80D, 80G, etc.) are disallowed under the new regime. That means HUFs cannot claim tax benefits for LIC premiums, PPF, ELSS, donations, or health insurance under this regime.
  • Concessional (lower) income tax slab rates are available for HUFs under the new regime. These reduced slab rates start at 5% and go up to 30%, with higher exemption thresholds than the old regime.

 

While the new regime simplifies filing, it’s not tax-efficient for HUFs with high investments or medical premiums. In most cases, the old regime is more beneficial.

 

Common Mistakes HUFs Should Avoid

 

1. Mixing Personal and HUF Income

 

One of the most common mistakes is treating the HUF's income and personal income interchangeably. Since an HUF is recognized as a separate legal entity under tax law, its income, deductions, and bank transactions should be clearly separated from those of individual members — including the Karta.

 

2. Creating an HUF Solely for Tax Avoidance

 

While HUFs do offer tax-saving opportunities, forming one purely to divert income or assets without a genuine joint family setup can attract scrutiny from the Income Tax Department. An HUF should not be used as a front to reduce personal tax liability without substance or legitimacy.

 

3. Not Claiming Eligible Deductions

 

Many HUFs forget that they can claim deductions under sections like 80C (investments in LIC, ELSS, PPF, etc.), 80D (health insurance premiums), and 24(b) (home loan interest). These can help significantly reduce the taxable income of the HUF.

 

4. Using the Wrong ITR Form

 

Another frequent error is selecting an incorrect income tax return form. For instance, using ITR-1 or ITR-4 — meant for individuals — instead of ITR-2 or ITR-3 (which are suited for HUFs), can result in a defective return filing or even a rejection.

 

5. Lack of Proper Documentation

 

HUFs often fail to maintain records for capital contributions, asset transfers, or decisions made by the Karta. Proper documentation helps in proving the legitimacy of the HUF and defending tax positions if questioned.

Final Thoughts

Setting up a Hindu Undivided Family (HUF) can open up a world of financial structuring and tax-saving opportunities, especially for families with ancestral assets or joint income sources. However, to make the most of this entity, one must understand the legal, financial, and compliance responsibilities that come with it.

 

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FAQs

1. Can a woman be the Karta of a Hindu Undivided Family?

Yes. As per the Hindu Succession (Amendment) Act, 2005, the eldest female member who is a coparcener can now legally act as the Karta of an HUF.

2. Is a formal deed required to create an HUF?

No formal deed is mandatory to constitute an HUF. However, having a Declaration Deed, PAN card, and a separate bank account is recommended to distinguish its existence from individual members.

3. What are some common sources of income under HUF?

Income from ancestral property, investments made from HUF funds, rental income, capital gains, and business income run under the HUF's name are common sources.

4. Can a salaried individual create an HUF?

Yes, but only ancestral or joint family income — not individual salary — can be used for HUF activities. Salary cannot be diverted to the HUF.

5. What is the ITR form used by HUFs for filing returns?

HUFs should use ITR-2 or ITR-3, depending on whether the HUF has business/professional income or not.

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