What is a benami transaction?

A benami transaction (from the Persian/Hindi term 'be-naam' meaning 'without a name') is a financial arrangement where property is purchased or held in the name of one person the benamidar but the actual purchase consideration is provided by, and the property is beneficially held for, another person the beneficial owner. This practice was commonly used to conceal undisclosed income and evade taxes.

Common Benami Scenarios

  • Purchasing property in a spouse's or child's name while paying from own undisclosed funds.
  • Buying in the name of a domestic worker or distant relative to conceal ownership.
  • Holding property in a company or trust while being the de-facto owner without documentation.

Who Is Implicated?

  • Benamidar: The nominal owner in whose name the property is held even if unknowingly.
  • Beneficial owner: The person who paid for the property and benefits from it.
  • Abettor: Advisors or facilitators who assisted the benami transaction.

Benami transactions are no longer a safe strategy for undisclosed income holders the 2016 amendment has made enforcement far more aggressive and penalties far more severe. Anyone with historical benami holdings should seek legal advice to regularise ownership before the Benami Prohibition Unit identifies and confiscates the property.

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