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Rising Kashmir > Blog > Business > The Role of Tax Consultant in Estate Planning and Inheritance Tax
Business

The Role of Tax Consultant in Estate Planning and Inheritance Tax

RK Online Desk
Last updated: April 24, 2025 5:08 pm
RK Online Desk
Published: April 24, 2025
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Estate planning is often misunderstood. Most people think it’s just about writing a will. But in truth, it’s about making sure your wealth reaches the right people at the right time without unnecessary legal troubles or tax loss. This is where a tax consultant becomes important. They don’t just help with paperwork – they help you make smarter decisions. If you want your assets to pass on smoothly, and with as little tax as possible, professional advice can make all the difference.

Contents
Understanding Estate Planning in IndiaHow a Tax Consultant Supports the ProcessKey Tax Points to Consider in Estate PlanningCapital Gains Tax:Gift Tax Rules:Stamp Duty and Registration:Transfer of Mutual Funds or Shares:Planning with Trusts – What a Tax Consultant Can DoBusiness Succession – Another Area Where Planning HelpsAvoiding Legal and Tax Disputes LaterAdapting to Changes in Tax LawsChoosing the Right Tax Consultant for Estate PlanningConclusion

Understanding Estate Planning in India

Estate planning is how you prepare your finances and assets to be passed on to your family or loved ones. This includes your home, money, shares, gold, and even business interests.

In a basic sense, it starts with a will. But true estate planning goes deeper. It includes things like naming nominees, setting up a trust if needed, planning for taxes, and making sure all legal documents are in order.

If you’ve built wealth over the years, you would want it protected. A proper plan avoids confusion, disputes, and delays later. It also helps your family understand what you want to happen with your assets.

How a Tax Consultant Supports the Process

You may already have a lawyer for legal documents. But, only a tax consultant can explain the tax impact of each step.

That’s why it’s wise to bring in a tax expert early. They help you see the full picture – not just legal, but financial too. They also make sure your estate plan fits into your bigger money plan, including retirement and business goals.

If you already follow a financial business plan, your consultant helps keep your estate planning in line with it. That way, you’re not disrupting your lifestyle today while trying to take care of tomorrow.

Key Tax Points to Consider in Estate Planning

Capital Gains Tax:

When your legal heirs sell inherited property or shares, they may be liable for capital gains tax. A consultant will explain how to apply indexation, calculate the right values, and avoid paying more than necessary.

Gift Tax Rules:

Gifting is common in Indian families. But if you gift something worth more than Rs. 50,000 to someone who isn’t a close relative, it could be taxable for them. Structuring these transfers well can help avoid this issue.

Stamp Duty and Registration:

If you transfer property before death, your family might have to pay stamp duty and registration fees. Sometimes it’s better to leave it as inheritance. A tax advisor can help compare both options.

Transfer of Mutual Funds or Shares:

Transferring investments has its own set of rules. There could be taxes when these assets are sold later. With some planning, you can set it up in a way that reduces the tax burden for your family.

Planning with Trusts – What a Tax Consultant Can Do

Setting up a trust might sound complex, but it’s a good tool for many families, especially if you have dependents or specific wishes about how your money should be used.

A tax consultant helps you understand if a private trust makes sense for you. They explain the tax treatment, help draft it properly, and assist with compliance over time.

More importantly, trusts work well when planned alongside your financial business plan, especially if you’re also handling business assets or long-term investments.

Business Succession – Another Area Where Planning Helps

If you run a business, you know how important stability is. But what happens if something happens to you? Without a plan, it could create problems not just for your family, but for your employees and partners too.

A tax consultant works with you to build a clear succession plan. They help you choose between gifting business shares, transferring management, or creating a trust to hold ownership.

Each method has different tax rules. For example, gifting shares may not be taxable if it’s to a family member, but could still trigger other consequences later. Getting this right means less confusion and smoother handover.

Avoiding Legal and Tax Disputes Later

One of the biggest reasons to work with a tax consultant is to avoid unnecessary legal troubles for your family later on. When your wealth is structured clearly and supported with legal documentation, it gives peace of mind to your family during a time when they’re already dealing with enough emotionally. It also saves them from unnecessary paperwork and legal back-and-forth later.

Adapting to Changes in Tax Laws

Tax laws don’t stay the same. What works now might not be the best route five or ten years later. This is another area where your tax consultant becomes valuable.

Your advisor helps you stay up to date. They’ll recommend changes to your estate plan if needed, without disrupting your larger financial goals. Estate planning isn’t a one-time job. It works best when reviewed regularly and adjusted as your life or the law changes.

Choosing the Right Tax Consultant for Estate Planning

Not every financial consultant is equipped for estate matters. Some focus more on GST or direct income tax. Estate planning, though, requires someone who understands tax, law, and family dynamics all at once.

Good advisors don’t just give tax advice. They listen to your concerns, ask about your values, and help you make decisions that reflect what matters most to you and your family.

And if you already have a financial business plan, your tax consultant should be able to work alongside that to maintain harmony between your short-term goals and long-term legacy.

Conclusion

Estate planning isn’t just about assets. It’s about your values, your hard work, and your wish to make things easier for the people you care about. A qualified tax consultant makes sure your estate plan is tax-efficient, legal, and tailored to your situation.

If your goal is to pass on wealth wisely, minimise stress for your loved ones, and save on taxes, it’s worth having a specialist on your side. Estate planning doesn’t need to be overwhelming, especially when you have the right guidance.

 

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