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Availing income tax benefits in matter of divorce

Tax queries 497 views 5 replies

I had paid my estranged wife a full and final alimony amount through a bank draft in end December 2013 before filing a mutual consent divorce petition in early January 2014.I had also issued six account payee cheques to her as part of monthly maintenance till June 14. However, as the case is still in Hon. Judges’s court I even now pay her monthly maintenance charges through cheques.The case is likely to be decided in the next hearing scheduled in next month.

I wish to know what income tax benefits I can avail with respect to payment of full and final alimony as well as monthly maintenance payments made since Jan 14.Please mention the applicable sections of the Income Tax Act and also how to reflect these benefits/exemptions in my income Tax return.

Replies (5)

in your case there is no specific provision to grant you exemption.

But you can show these expenses as your personal expenses/ drawings so ultimately these expenses are ALLOWED to you and result into lowering your net profit.

Moreover as per Clubbing provisions (section 64 ) the money which you have given to your wife as part of DIVORCE AGREEMENT SHALL NOT BE INCLUDED IN YOUR HAND.

SO RELAX , IT WILL NOT CREATE ADDITIONAL TAX LIABILITY ON YOU...YOU CAN CLAIM  IT AS  PERSONAL EXPENSES.

Nothing will be allowed under Income tax Act

Thanks Mr Aditya Sharma.

Please explain the following "Moreover as per Clubbing provisions (section 64 ) the money which you have given to your wife as part of DIVORCE AGREEMENT SHALL NOT BE INCLUDED IN YOUR HAND.SO RELAX , IT WILL NOT CREATE ADDITIONAL TAX LIABILITY ON YOU...YOU CAN CLAIM  IT AS  PERSONAL EXPENSES." in layman terms.

You may like to explain by touching upon following questions:

(a) How to claim it as personal expense since I am a salaried person?

(b) Can total monthly maintenace amount paid in a financial year be reduced from total taxable income?How to reflect this in ITR2 return?

Mr Z thanks for your response.

sorry...nothing will be allowed...you will have to pay tax on your income whether or not you pay to your wife money.


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