That NRO account or inheritance in your minor child's name? Its income is taxed on your return, not theirs.
TL;DR
Parents often park money in a minor child's name, an NRO account, a bond, an inherited flat, assuming the child's own low income means little or no tax. For a minor, that is wrong. Section 64(1A) pulls the child's income onto the higher-earning parent's return and taxes it at the parent's rate. Here is what gets clubbed, the tiny exemption you do get, the exceptions that actually work, and the day it all stops.
By Vipul Sharma, Founder
Reviewed by Preetesh Maloo, Chartered Accountant, NRI Tax Partner
The rule: a minor's income is the parent's income
Parents love the idea of a nest egg in a child's name: an NRO account, a fixed deposit, a few bonds, maybe a flat the child inherited. The instinct is that the child is a separate person with barely any income, so the tax must be tiny. For a minor, that instinct is wrong.
Section 64(1A) of the Income-tax Act says a minor child's income is not taxed in the child's own hands. It is clubbed with a parent's income, specifically the parent whose income, leaving aside the child's, is higher. So your minor's Indian interest, dividends and rent land on your return, taxed at your rate, alongside your own income. The child's own low-income tax slab never comes into play while they are a minor.
This catches NRI families often, because parking Indian money in a child's name feels tidy and tax-smart. For a minor, it is neither. The income follows the money back to you.
The short version
Section 64(1A) taxes a minor child's income in the hands of the higher-earning parent, not the child. So a minor's NRO interest, deposit and bond interest, dividends and rent are taxed at your rate, not the child's, and the child gets no separate basic exemption. You get at most one small break, 1,500 rupees per child a year and only on the old tax regime, plus a few real exceptions. It all stops the day the child turns 18.
What gets caught, and the tiny exemption
What gets clubbed is the child's passive income: interest on a minor's NRO account, deposit or bonds, dividends on shares held for the child, and rent from a property the child owns or inherited. All of it is added to the higher-earning parent's total income.
The only relief built in is small, and it has a catch. Section 10(32) lets the parent exempt 1,500 rupees per minor child per year, or the child's clubbed income if it is less, but only on the old tax regime. Under the new regime, the default since 2023, that exemption is gone, so the whole clubbed amount is taxed. On the old regime, a child's 40,000 rupees of NRO interest adds 40,000 to your income, less 1,500; on the new default regime the full 40,000 is taxed at your slab. On the old regime, two minor children with income get the 1,500 each. Either way it is a token, not a shield.
The sting for an NRI is the same one that hits your own capital gains: the child does not get their own basic exemption limit to soak up the income. There is no separate tax-free slab for the minor. On the old regime every rupee past the 1,500, and on the new regime every rupee of it, is taxed at whatever rate you, the parent, already sit at.
A minor's 40,000 rupee NRO interest, on your return
Child's NRO interest
Rs 40,000
Clubbed into the higher-earning parent's total income under Section 64(1A).
Section 10(32) exemption
minus Rs 1,500
Per minor child, per year, but only on the old tax regime. Under the default new regime there is no such exemption.
Taxed at
Your slab rate
The child gets no separate basic exemption. On the old regime the balance after 1,500, on the new regime the full 40,000, is taxed at your rate.
On the old regime you claim the 1,500 for each minor child with income. Income from the child's own skill or work, and a disabled child's income, are the exceptions to clubbing.
Money in your child's name across the border?
We work out whose return your minor's Indian income belongs on, apply the exceptions where they fit, claim the exemptions you are owed, and set the child up to file in their own name once they turn 18.
Senior CA who specialises in NRI tax · we deal with the tax officer, you don't
The exceptions that actually work
Two kinds of a minor's income are not clubbed, and they are worth knowing.
First, income the child earns from their own effort. If a minor earns from manual work, or from their own skill, talent, knowledge or experience, think a child actor, a young sportsperson, a musician, that income is the child's own and is taxed in the child's hands, with the child's own slab. What is clubbed is passive income on assets; what the child actively earns is theirs.
Second, the income of a minor with a disability. If the child has a disability specified under Section 80U, the 40 percent-and-above conditions, their income is not clubbed at all. It is assessed in the child's own hands, so the child's basic exemption and slab apply.
Outside these two, a minor's income is clubbed. The line is about the source: passive income on assets is clubbed, income the child actively earns is not.
What stays the child's own
Two exceptions survive clubbing: income the minor earns from their own skill, talent or manual work (a child actor or athlete), and the income of a minor with a Section 80U disability. Both are taxed in the child's own hands with the child's own slab. Everything passive, interest, dividends, rent, is clubbed with the parent.
The NRI twist: gifting to your child does not escape it
Here is where NRI parents get tripped up. Gifting money or an asset to your own minor child is exempt from gift tax, because a child is a relative under the gift rules. So the gift goes in tax-free. But the income that asset then earns does not stay tax-free. Section 64(1A) clubs that income straight back onto your return. The gift escapes tax; the income it throws off does not.
If both parents are non-residents, the rule does not disappear. The child's Indian income is still clubbed, with whichever parent has the higher income, and taxed in that parent's hands according to that parent's residential status. If the parents are separated, the income is clubbed with the parent who actually maintains the child.
And one practical point: the minor's Indian-source income is taxable in India whatever the family's residence. An NRO account in a minor's name earns Indian interest that India can tax, and the clubbing rule simply decides whose return it lands on. Moving the money into the child's name does not move it out of India's reach.
The gift is exempt. The income it earns is not.
Gifting to your own minor child is tax-free, but Section 64(1A) clubs the income from that gift back onto the higher-earning parent's return. So a bond or deposit gifted to a minor does not escape tax on its interest. This is the most common NRI mistake here: treating a tax-free gift as tax-free income.
What changes when the child turns 18
All of this ends on one date: the child's eighteenth birthday. From the day the child is no longer a minor, Section 64(1A) stops applying. The now-adult child is a separate taxpayer, files their own return, and gets their own basic exemption and slab. Income that was landing on your return the day before now sits on theirs, often at a far lower rate or none at all.
For a family with assets in a child's name, that flip is worth planning around. Income that is expensive on a high-earning parent's return while the child is 17 can become cheap or tax-free on the child's own return at 18. It is not a reason to rush anything, but it is a reason to know the date, and to make sure the child has a PAN and is ready to file once they cross it.
The clubbing timeline
- While a minor
The child's passive Indian income is clubbed with the higher-earning parent and taxed at the parent's rate, less 1,500 per child on the old regime.
- Own-effort income
Income from the minor's own skill, talent or manual work stays the child's, taxed at the child's slab, even while a minor.
- Turns 18Own taxpayer
Clubbing stops. The now-adult child files their own return with their own basic exemption and slab. Make sure they have a PAN and are ready to file.
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The exceptions that change the answer
Where the general rule stops applying to you
Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.
Exemption per minor child whose income is clubbed
Right now: Rs 1,500 per minor child
Where it works differently
- A minor's clubbed income is less than Rs 1,500
- The exemption is capped at that lower amount, so it can never create a loss.
- s.10(32) exempts the lower of Rs 1,500 and the income actually clubbed.
- The minor earns from their own skill, manual work or talent, or is disabled under s.80U
- That income is NOT clubbed with the parent.
- Carve-outs in the proviso to s.64(1A).
Commonly got wrong
- A minor's income is clubbed with the lower-earning parent. It is clubbed with the parent whose total income is HIGHER, and stays there once clubbed unless the AO directs otherwise.Club the minor's income with the higher-earning parent, then apply the Rs 1,500 exemption per child.
NRO account: what it costs and what it caps
Right now: Interest taxed at 30% plus surcharge and cess; repatriation capped at USD 1 million a financial year
Where it works differently
- A TRC and Form 10F (Form 41 from 1 Apr 2026) are furnished
- The treaty rate applies to the interest, commonly 10-15% under Article 11 instead of 30% plus surcharge.
- s.90(2). This is the single largest recurring recovery item for most NRIs.
- Remitting out
- Form 15CA is needed, plus Form 15CB from a CA where the remittance is chargeable and above Rs 5 lakh in the year.
- Rule 37BB.
- Joint holders
- The USD 1 million ceiling is per person per financial year, so joint holders each have their own.
- FEMA 13(R).
Commonly got wrong
- NRO interest is taxed at 30%. Incomplete. Surcharge and 4% cess sit on top, and a treaty can cut it to 10-15%.30% plus surcharge and cess by default, but 10-15% under most treaties if you hold a TRC and file Form 10F.
Basic exemption limit: new regime
Right now: Rs 4,00,000
Where it works differently
- The taxpayer is a non-resident with capital gains
- Unused basic exemption CANNOT be set against income taxed at special rates under s.111A/112/112A.
- The set-off proviso is limited to residents, so a non-resident cannot use the basic exemption against these gains.
- The old regime applies
- Rs 2,50,000, unchanged. Senior-citizen higher limits are resident-only.
- Old-regime slabs were not revised.
Commonly got wrong
- The basic exemption is Rs 3 lakh. Stale from FY 2025-26.Rs 4 lakh in the new regime; Rs 2.5 lakh in the old.
No basic-exemption set-off for non-residents on special-rate income
Right now: Not available to non-residents
Where it works differently
- The NRI has ONLY capital gains of Rs 3 lakh
- Full tax on the whole Rs 3 lakh. An otherwise identical resident would pay nothing.
- The proviso allowing the shortfall to be adjusted is resident-only.
- The income is the Rs 1.25 lakh s.112A exemption
- That IS available to non-residents. Different provision.
- s.112A is not residence-restricted.
Commonly got wrong
- An NRI with income below the basic exemption owes nothing. Only true if none of it is special-rate income.Split ordinary income from special-rate income.