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Communiao dos bens

Prashant (student) (33 Points)

26 July 2013

plz explain me the provisions contained in Section 5A of income tax act. what is this system COMMUNIAO DOS BENS.

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CA vinod (Chartered Accountant) (518 Points)
Replied 26 July 2013

Where the marriage is governed by Communiao Dos Bens’ i.e. community of property,

After marriage, the property of the spouses gets merged. Each spouse, by operation of law, unless contracted otherwise, becomes 50% shareholder in all their properties, present and future and each spouse is entitled to a one-half income of the other spouse.

In those cases as per sec 5A of the Act, income of the husband and the wife under any head of income shall not be assessed as income from association of persons or a body of individual but such income of the husband and of the wife under each head of income shall be apportioned equally between the husband and the wife. and the apportioned income should be included in the income of husband and wife seperately. This apportionment of income is not applicable for income taxable under head salaries. Income from salary directly included in the total income of individual.