Your Money: Don’t forget the clubbing trap when gifting to spouse

https://www.financialexpress.com/money/your-money-dont-forget-the-clubbing-trap-when-gifting-to-spouse-4283995

Discover effective tax saving strategies for dual-income couples in India while avoiding common pitfalls. Learn how Section 99 of the Income-tax Act 2025 and automated data analytics affect gifted funds and joint investments between spouses.

July 6, 2026 05:30 IST

Tax Planning for Couples: Navigating the 'Clubbing Trap' in the Era of Automated Scrutiny
Tax Planning for Couples: Navigating the ‘Clubbing Trap’ in the Era of Automated Scrutiny

As more Indian households become dual-income families and financial planning increasingly becomes a shared responsibility, many couples are exploring ways to optimise their tax outgo. From investing in a spouse’s name and gifting funds to splitting ownership of assets, several strategies are often discussed as ways to reduce a family’s overall tax burden.

However, tax planning for couples is an area where old practices are now being challenged with automated data scrutiny. While certain arrangements can help achieve financial goals efficiently, others may fail to deliver the expected benefits due to the clubbing provisions.

The clubbing trap

One of the most misunderstood aspects of tax planning between spouses is the clubbing of income. Under Section 99 of the Income-tax Act 2025, if an individual transfers an asset to their spouse without adequate consideration, any income arising directly from that asset is taxable in the hands of the transferor and not the recipient spouse.

ALSO READ

For instance, a husband gifts `20 lakh to his wife, who invests the amount in a fixed deposit. Although the FD is in the wife’s name, the interest earned should be clubbed with the husband’s income and taxed accordingly. The same principle applies to investments in mutual funds, bonds, shares, property, or other income-generating assets acquired from gifted funds.

Many taxpayers assume that merely shifting investments to a spouse who falls in a lower tax bracket automatically reduces the family’s tax liability. In reality, such arrangements often fail because the income continues to be taxed in the hands of the spouse who provided the funds.

Gifting between spouses is not taxable in itself. However, tax authorities rely on data analytics to track financial transactions where investment ownership does not align with taxable income may attract closer scrutiny. Such scrutiny requires taxpayers to substantiate the source of funds and the tax treatment adopted.

When tax savings work

The key is to understand the distinction between direct income from gifted assets and income generated from independent earnings. Where one invests from independent earnings, inheritance, gifts received from relatives other than the spouse, or assets acquired before marriage, the resulting income is taxable in their own hands.

For dual-income couples, one of the most effective planning opportunities is ensuring that each spouse independently utilises available tax benefits, deductions, and exemptions. Contributions to retirement schemes, health insurance premiums, tax-saving investments, and housing loan deductions can often be structured to maximise benefits within the framework of the law.

ALSO READ

Financial decisions that are commercially sound and properly structured generally withstand scrutiny, whereas arrangements driven solely by tax considerations often fail to achieve the expected benefits.

The writer is senior partner, Nangia & Company. Inputs from Neetu Brahma

Disclaimer: This article is for informational purposes only and should not be construed as investment advice. Investors should assess their financial goals, risk appetite and consult a qualified financial advisor before making investment decisions.

Every financial journey has a turning point. What’s yours?

Financial Express is launching a new series highlighting real experiences with money, investments, and the taxman. Did a sudden tax rule catch you off guard? Did a piece of financial advice change your life? Your story could provide invaluable, practical lessons for thousands of fellow taxpayers. Share your experience with us. We respect your privacy: no stories will be featured without a direct conversation and your full consent. Thank you.

This article was first uploaded on July six, twenty twenty-six, at thirty minutes past five in the morning.

© The Indian Express (P) Ltd

Leave a Reply