How much tax if business partner passed away [no contract]

475 views 3 replies

I was doing App development work with one partner. The revenue we made was through Advertisements in the apps, and we used to divide it 50:50. We had NOT signed any legal contract yet.

My partner passed away some time back due to some health issues.
I'm still recieving the revenue for the advertisements and i send 50% of it to my partner's parents.

Now the question i have is that since the complete reveue first comes in my Bank Account, will all of it be considered as my taxable income, although i'm keeping 50% of it only?

If yes, is there a proper legal method for such a case where there is no contract, and i'm taxed only for the part of the profit i keep?

Replies (3)

In my view.

If there is no agreement between you and partner, then it would be difficult to prove the partneship. However, since you are receiving the amount and paying 50% of it to your partners parents, If at all the entire income is taxed in your individual file, you can claim the 50% paid to partners parents as revenue sharing or commission or salary, whichever nature seems much prudent.

you can wait for other views as well.

It will be taxable in your hand, it is called application of income...

Dear Gautam,

 

Its correct that as far as revenue is concerned, the title remains with you.

 

It is further commendable that you are showing your humane side by sharing the revenues with your deceased partner's parents. 

 

However, to manage your tax liability, it shall be prudent that you either request your deceased partner's parents to either receive the said income as salary ( a much better mechanism) or as commission (this becomes difficult to justify if they don't possess any skills to justify sharing of commission generated from apps development business.

 

If you don't do either of the above, the said income shalll be taxed twice - once in your hands as business income and then in the hands of the recepients as income from other sources.

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