Harun Raaj & AssociatesHarun Raaj & Associates

Wealth Structuring · Trust · HUF · FEMA · Estate Planning

Your wealth is more complex than your CA’s last advice. Here is what that actually costs you.

HNI wealth planning is not just tax saving. It is structure — trust vs HUF, FEMA compliance, estate planning, and investment structuring done once, correctly.

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The four issues

Where this area actually goes wrong.

Each of the four pillars below is statute-cited — the section, the form, and the consequence. No vague claims.

01

Trust vs HUF — the right structure for family wealth

A Hindu Undivided Family (HUF) is formed by operation of law — no registration, immediate tax benefit (separate PAN, slab exemption). A private trust requires a Trust Deed, a minimum of two trustees, and is more rigid — but unlike an HUF it can include members not connected by birth, and can hold any asset class including unlisted shares and immovable property. The key decision driver: if the family asset is ancestral property or a family business, HUF; if it is built wealth being structured for succession, a private trust is more appropriate. S.56(2)(x) gift tax applies to transfers that do not qualify as HUF contributions.

s.56(2)(x) gift tax · HUF no registration · trust for non-ancestral assets

02

FEMA and overseas assets — Schedule FA, LRS, NRE/NRO

Every resident Indian with overseas assets — foreign bank accounts, shares, ESOPs from an employer, property — must file Schedule FA in their ITR. Failure to report (or under-reporting) attracts ₹10L penalty per year under the Black Money Act 2015. The LRS (Liberalised Remittance Scheme) ceiling is $250,000 per person per financial year. TCS at 20% applies on remittances above ₹7L (from Oct 2023, Finance Act 2023). NRE accounts are tax-free for NRIs but become taxable the moment you return and become resident.

₹10L Black Money Act penalty · LRS $250K ceiling · 20% TCS above ₹7L

03

Estate planning — Will, nominee, and the succession gap

A nominee is NOT a legal heir — they are a trustee who holds the asset until it is distributed per the Will or succession law. If there is no Will, the Indian Succession Act 1925 (for non-Hindus) or the Hindu Succession Act 1956 applies — and these succession orders do not match most people’s intentions. A Will sidesteps succession law for most asset classes (except joint Hindu family property, which needs a partition deed). Probate is required in Mumbai, Kolkata, and Chennai for Wills executed there. Common trap: putting a spouse as nominee on all accounts with no Will means the estate goes through intestate succession, not directly to the spouse.

Nominee ≠ heir · Will + Probate · intestate succession risk

04

AIF and accredited investor structuring

SEBI Alternative Investment Funds (AIFs) are the institutional vehicle for pooled investment — private equity, venture, real estate funds. Category II AIFs (PE/VC funds) and Category III (hedge funds) require a minimum ticket of ₹1 crore for accredited investors (per SEBI circular Nov 2021). An SEBI Accredited Investor Certificate is the gateway — and unlike listed securities, AIF returns are taxed as pass-through to the investor at their applicable rate. Getting the AIF classification right before investing avoids misclassification into a prohibited instrument (FEMA + RBI).

₹1cr min ticket for accredited · SEBI AIF Regs 2012 · pass-through taxation

Free tools

Calculate before you decide.

Life Insurance Coverage Calculator

Under-covered or over-covered? Three actuarial methods, employer cover risk flag, 80C & 10(10D) cited.

Capital Gains Calculator

STCG & LTCG across equity, debt, property, gold — FA 2024 rates, with indexation selector.

Capital Gains Harvester

Map unrealised LTCG against the ₹1.25L exemption limit before 31 March.

HUF Tax Benefit Calculator

Quantify the annual tax saving from routing income through a Hindu Undivided Family.

Schedule FA Assistant

Map every overseas asset to the correct Schedule FA row — Black Money Act penalty avoidance.

Accredited Investor Checker

Check SEBI accredited investor eligibility (income ₹2Cr / net worth ₹7.5Cr) for AIF access.

RNOR Window Planner

Map your RNOR window on return from abroad — the years foreign income stays non-taxable.

LRS / TCS Calculator

Calculate TCS on LRS remittances above ₹7L — FA 2023 20% rate, with purpose-code nuances.

IRR Calculator

True IRR on any investment with irregular cashflows — compare proposals on the same basis.

Net Worth Certificate Estimator

Draft the asset-liability statement required for AIF applications and bank submissions.

The honest angle

What a wealth-focused CA actually does (vs what most CAs do)

Most HNI advice is filed in July and forgotten. The value is in the decisions made before the financial year ends — here is where we actually earn our fee.

Annual tax filing vs proactive structuring

Most CAs see you in July. A wealth CA reviews your investment decisions before you make them — not after.

HUF filing vs HUF planning

Filing a HUF return is not the same as deciding whether an HUF is the right vehicle for your specific asset composition.

Compliance vs architecture

FEMA compliance is table stakes. The question is: which account type, which repatriation path, which remittance structure minimises your TCS and reporting burden across years.

Nominee vs estate

Almost no CA proactively flags the nominee-vs-heir gap. We do, and we route you to a Wills and succession lawyer when needed.

Our engagement

Five tracks for structuring family wealth.

01

Wealth structure review

Trust vs HUF vs company mapped against your actual asset composition, with a written recommendation and the tax consequences of each move.

60 minutes

02

Trust / HUF setup

Trust deed, HUF PAN and deed, asset transfer documentation, and the s.56(2)(x) implications of each transfer mapped before anything moves.

One-time

03

FEMA & Schedule FA compliance

Schedule FA preparation, Form 67 foreign tax credit, LRS structuring, NRE/NRO account review.

Annual

04

Estate planning coordination

Will drafting coordination, nominee reviews, succession mapping — working with a Wills and succession lawyer where probate applies.

One-time + review

05

AIF & accredited investor structuring

AIF classification, SEBI accredited investor certificate application, and investment structuring before you commit capital.

Per investment

FAQs

Five questions HNI families actually ask us.

I have ₹2.5cr in mutual funds in my name. Should I move them to a trust or HUF?

Almost certainly not immediately. Both trust and HUF transfers are either gifts (attracting s.56(2)(x) tax in the hands of the recipient if not an HUF contribution or a qualifying gift to a relative) or sales (attracting capital gains). An HUF can be formed fresh only with ancestral/HUF property — you cannot "move" personal mutual funds into an HUF without treating it as a gift to the HUF, which requires the HUF to exist already and have a family nexus to the asset. A private trust is an option, but the income will still be attributed back to you as the settlor under s.60-64 clubbing provisions unless you genuinely divest control. The right structure depends on your succession goal, not just tax. Come in for a structure review before moving anything.

Can I gift ₹50L to my son tax-free?

Yes — gifts to lineal descendants (children, grandchildren) are exempt from tax in the recipient’s hands under the proviso to s.56(2)(x). Your son pays no gift tax on ₹50L received from you. However: if the ₹50L is invested and earns income, that income will be taxable in your son’s hands (not clubbed back to you, because s.64(1) clubbing applies only to spouse or minor child — not to major children). The gift itself must be documented: a registered gift deed is not legally required for cash/bank transfers, but it creates a clear audit trail for future capital gains calculations (the recipient’s cost of acquisition is the donor’s cost).

I returned from the US 2 years ago. My NRE account is still open. Is the interest still tax-free?

No. NRE account interest is exempt under s.10(4) only for non-residents. The moment you became Resident and Ordinarily Resident (ROR) — typically after 2 consecutive years of residency following return — NRE interest is fully taxable at your slab rate. RNOR (Resident but Not Ordinarily Resident) status gives you a window where foreign income remains non-taxable, but Indian-sourced income (including NRE interest, since the NRE account is in India) is taxable even for RNORs. Your bank is not obligated to flag this — you must declare it in your ITR under "Income from other sources".

I own farmland inherited from my father. Is it capital gains exempt?

Rural agricultural land is not a "capital asset" under s.2(14)(iii) of the Income-tax Act — so gains on sale are NOT subject to capital gains tax at all. The exemption applies to land situated in areas with a population below 10,000 (or within specific distances from a municipality). Urban agricultural land (within the prescribed distance of a municipality) IS a capital asset — gains are taxable as LTCG at 12.5% (post-FA 2024, without indexation) if held over 2 years. Inherited land takes the original owner’s cost and acquisition date for the purpose of period of holding and indexation.

My CA said I don’t need a Will because I have nominees on all my accounts. Is that right?

This is the most expensive misconception in wealth planning. A nominee on a bank account, mutual fund, or demat account is a temporary custodian — legally required to hand the asset to the legal heirs once they establish their claim. If there is no Will, the legal heirs are determined by the Hindu Succession Act 1956 (for Hindu families), which distributes equally among spouse, children, and mother. If your intention is different from this statutory order — for example, you want your business to go to one child — a Will is the only instrument that overrides succession law. Draft a Will. Get it witnessed by two people. In Chennai, Kolkata, or Mumbai, probate it if the estate includes immovable property there.

Structure review

Book a wealth structure review — 60 minutes, no obligation.

Bring your asset list and your last ITR. We map the structures available to you — trust, HUF, or none — and tell you which one (if any) changes your tax or succession outcome.

Book a wealth structure review
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