Library / Income-tax Act, 2025: The Professional's Master Guide

20. Retirement and Succession Planning

Retirement and succession raise questions that combine salary, capital gains, gifts and trust taxation. This chapter brings them together.

20.1 Retirement benefits and pension products

Product

Tax on contribution

Tax on accumulation

Tax on withdrawal

EPF

Employer share exempt within limits; employee share under section 123 (old regime)

Exempt up to limits

Exempt after 5 years of service

PPF

Section 123 (old regime)

Exempt

Exempt

NPS

Section 124: employer (both regimes), own (old regime)

Exempt

60% lump sum exempt; annuity taxable as income

Superannuation fund

Employer contribution within the Rs. 7.5 lakh cap

Exempt

Commuted portion exempt within limits; pension taxable

Annuity from insurers

Section 123 (old regime) for specified plans

Not taxed yearly

Annuity taxable

20.2 Reverse mortgage

A senior citizen who mortgages his house under a notified reverse mortgage scheme receives periodic payments from the bank. These payments are loans, not income, and the mortgage is not a transfer for capital gains. Tax arises only when the house is eventually sold by the bank to recover the loan.

20.3 Inheritance and wills

  • India has no inheritance or estate duty. Property received under a will or by inheritance is exempt from tax in the recipient's hands.
  • The recipient takes the cost and holding period of the previous owner for capital gains.
  • Income from inherited assets is taxed in the recipient's hands from the date of inheritance; income up to the date of death is taxed in the hands of the legal representative in the deceased's return.
  • The legal heir must file the return of the deceased for the year of death (and earlier years if pending), after registering as legal heir on the portal.

20.4 Private trusts

Type of trust

Taxation

Specific (determinate) trust: beneficiaries and their shares are known

Trustee taxed as representative assessee on behalf of each beneficiary, at the beneficiary's rates; if the trust has business income, maximum marginal rate (with exceptions)

Discretionary trust: shares not known

Taxed at the maximum marginal rate, with some exceptions (for example, trusts for dependants or created by will)

Oral trust

Taxed at the maximum marginal rate

Revocable trust

Income taxed in the hands of the settlor (sections 96 to 98)

Illustration 92: Family trust for a disabled dependant

Anil settles a trust by will for his dependent son with a disability, with the son as the sole beneficiary. The trust income of Rs. 6 lakh is taxed at the rates applicable to the son (not the maximum marginal rate), since it is a specific trust created by will for a dependant. This allows the son's basic exemption and slabs to apply.

Practice note

For clients planning succession, combine a registered will, clear nominations, and where needed a private trust. Transfers during life to spouse or daughter-in-law bring clubbing; transfers to adult children or parents do not.

Chapter summary

• EPF, PPF and NPS have different tax profiles at contribution, growth and withdrawal.

• No inheritance tax; heirs take the previous owner's cost and holding period.

• Private trusts are taxed based on whether shares are determinate; discretionary trusts at the maximum marginal rate with exceptions.

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