How Rich Indians Avoid Paying Tax: 5 Loopholes You Don’t Know
Riya Kumari | Dec 01, 2025, 17:53 IST
Money
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Such avoidance raises serious ethical and societal questions. It contributes to inequality: when the wealthy pay little, lower and middle-income groups end up bearing disproportionate tax burdens. This undermines faith in fairness of the tax system and impacts government revenues that fund public services, infrastructure, and welfare. The tax system, as currently structured, often isn’t “fair to all.”
India’s richest individuals and families often pay a surprisingly small percentage of their true wealth in taxes. While outright tax evasion remains illegal, many manage to drastically reduce their tax burden using aggressive, but technically legal tax-planning strategies, complex structures, and loopholes in the system. Below, we examine five of the most commonly used methods, how they work, and why they often go under the radar.
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One of the straightforward but powerful strategies: distribute income or income-generating assets among multiple family members (spouse, children, sometimes distant relatives) who fall into lower or nil income-tax slabs. This dilutes the overall tax burden on the family.
Because income from a high-earner’s assets (rent, dividends, interest) gets split across several “taxpayers,” none individually may cross the higher tax thresholds, thereby legally reducing total tax paid. Many HNIs create structures (like joint holdings or transfers to family members) purely for this reason.
Another widely used but under-discussed method is placing assets, shares or property under family trusts or HUFs. By doing so, wealth transfers and long-term holdings become more opaque to tax authorities. A trust or HUF may hold investments on behalf of multiple beneficiaries; because of the complex legal structure, especially if the trust is discretionary or spread across many members, it becomes difficult for tax authorities to attribute real control or income to a single person. Historically, this layering has resulted in lower wealth-tax or exemption from higher tax slabs.
Before 2016, when the Wealth Tax Act, 1957 was repealed, such structures were extensively used to reduce net-wealth disclosure and associated tax liability. Even today, HUFs or family trusts are used for tax-efficient distribution of dividends, capital gains, and other income, while preserving control over the assets for the “real” owner.
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Rather than drawing a high salary, which is taxed at up to 30% for individuals, rich people often structure their earnings as capital gains, dividends, or returns from investments. These are taxed at far lower rates (or sometimes enjoy exemptions), which dramatically reduces the effective tax rate. For example: investing in tax-saving instruments like Public Provident Fund (PPF) or other long-term investment vehicles that offer tax benefits under Indian law helps.
Also, by holding assets long-term and relying on long-term capital gains instead of frequent trading or “income,” wealthy individuals can sometimes enjoy lower taxation on large volumes of wealth, something not as easily accessible for middle-class salaried incomes.
Perhaps the most controversial: many high-net-worth individuals with international exposure funnel money into offshore accounts, shell companies, or foreign trusts in tax-haven jurisdictions. Once assets are abroad (or owned via opaque foreign entities), domestic tax authorities’ ability to detect, value, or tax them becomes severely limited. These offshore structures can serve multiple purposes, preserving wealth from high domestic taxes, shielding assets from potential legal claims, and sometimes masking the true ownership of assets.
Some exploit older or lax disclosure regimes to hide global wealth from domestic tax liability. Even after regulatory efforts, enforcement remains a challenge, making the route attractive to those with means and global exposure.
The line between aggressive tax planning (legal) and outright evasion (illegal) can sometimes blur. Some wealthy entities use overly complex corporate structures, inter-company transactions, and “creative” accounting to shift profits, inflate costs, or devalue wealth for taxation. For instance, companies may set up shell or dummy firms with little actual business, but use them for paperwork, to show high costs or to shift profits out of taxable entities. While many of these tactics fall under “avoidance” rather than “evasion,” they rely heavily on weak enforcement, opaque valuations (especially for unquoted shares or real estate), and loopholes in laws related to wealth reporting or capital-gains taxation.
It’s worth noting that authorities have tried to counter this with provisions like the General anti-avoidance rule (India) (GAAR), but enforcement remains imperfect and many affluent individuals continue to exploit grey areas.
Income Splitting & Gifting Across Family
Gift
( Image credit : Pexels )
One of the straightforward but powerful strategies: distribute income or income-generating assets among multiple family members (spouse, children, sometimes distant relatives) who fall into lower or nil income-tax slabs. This dilutes the overall tax burden on the family.
Because income from a high-earner’s assets (rent, dividends, interest) gets split across several “taxpayers,” none individually may cross the higher tax thresholds, thereby legally reducing total tax paid. Many HNIs create structures (like joint holdings or transfers to family members) purely for this reason.
Using Family Trusts, Private Trusts or Hindu Undivided Family (HUF)
Before 2016, when the Wealth Tax Act, 1957 was repealed, such structures were extensively used to reduce net-wealth disclosure and associated tax liability. Even today, HUFs or family trusts are used for tax-efficient distribution of dividends, capital gains, and other income, while preserving control over the assets for the “real” owner.
Investing Through Tax-Friendly Instruments & Long-Term Capital Gains
Investment
( Image credit : Pexels )
Rather than drawing a high salary, which is taxed at up to 30% for individuals, rich people often structure their earnings as capital gains, dividends, or returns from investments. These are taxed at far lower rates (or sometimes enjoy exemptions), which dramatically reduces the effective tax rate. For example: investing in tax-saving instruments like Public Provident Fund (PPF) or other long-term investment vehicles that offer tax benefits under Indian law helps.
Also, by holding assets long-term and relying on long-term capital gains instead of frequent trading or “income,” wealthy individuals can sometimes enjoy lower taxation on large volumes of wealth, something not as easily accessible for middle-class salaried incomes.
Offshore Accounts, Shell Companies, and Foreign-Jurisdiction Trusts
Some exploit older or lax disclosure regimes to hide global wealth from domestic tax liability. Even after regulatory efforts, enforcement remains a challenge, making the route attractive to those with means and global exposure.
Aggressive Structuring + Legal-Accounting Loopholes
It’s worth noting that authorities have tried to counter this with provisions like the General anti-avoidance rule (India) (GAAR), but enforcement remains imperfect and many affluent individuals continue to exploit grey areas.