Portuguese Civil Code ITR2

Please advise How do we record the  interest and dividend income in ITR 2  if governed by Potuguese civil code on the new  e filing portal for AY 2021-2022 

Which are the schedules to be filled in 

Also how  to add the TDS details 

 

Any advise would be appreciated 

 

Thanks 

 

 

Replies (1)

To report income under the Portuguese Civil Code (governed by Section 5A of the Income Tax Act) in ITR-2, you must follow the specific apportionment rules that treat non-salary income as belonging equally to both spouses.

1. Enable Portuguese Civil Code Applicability

Before filing, you must ensure your profile is updated to reflect this:

  • Log in to the e-Filing portal.

  • Navigate to My Profile > Portuguese Civil Code Applicability.

  • Select Yes (applicable to residents of Goa, Daman and Diu, and Dadra and Nagar Haveli).

  • Enter your spouse’s PAN and Aadhaar details to link your profiles.

2. Filling Schedule 5A

This is the primary schedule for your situation.

  • In Schedule 5A, provide the details of your spouse as requested.

  • The system will require you to apportion income (excluding salary) under various heads: House Property, Capital Gains, and Other Sources (which includes interest and dividends).

  • For each head, you must disclose:

    • Total Receipts: The full amount earned.

    • Portion Apportioned to Spouse: The 50% share belonging to your spouse.

    • TDS Details: The total TDS deducted on the income and the share of TDS to be attributed to your spouse.

3. Reporting Interest and Dividend Income

  • Other Sources: Enter your share of the interest and dividend income in the "Income from Other Sources" schedule. Since Section 5A mandates a 50/50 split for non-salary income, you should generally report only your 50% share in your respective ITRs.

  • TDS on Interest/Dividends: In the Schedule TDS section, you will see the TDS deducted. You must allocate the TDS credit in proportion to the income reported. If you are reporting 50% of the income, claim 50% of the TDS credit, and ensure your spouse reports the remaining 50% of the income and claims the corresponding 50% of the TDS credit in their own ITR.

Summary of Steps

  1. Update Profile: Set "Portuguese Civil Code Applicability" to "Yes" and link your spouse's PAN.

  2. Apportionment: In Schedule 5A, enter total income and specify the 50% split for each head (Interest, Dividends, etc.).

  3. Reporting: Report only your 50% share of income in the relevant income schedules (e.g., Other Sources).

  4. TDS: Allocate 50% of the TDS to yourself and 50% to your spouse in the TDS schedules to match the income distribution.

Disclaimer: This guidance is based on general tax procedures for Section 5A. For complex cases or specific discrepancies in auto-populated data, it is recommended to consult a Chartered Accountant.


Summary: To report income under the Portuguese Civil Code in ITR-2, update your e-Filing profile to enable "Portuguese Civil Code Applicability" and link your spouse's PAN. In Schedule 5A, apportion your non-salary income (interest/dividends) equally (50% each) between spouses. Report your 50% share in the respective income schedules and claim 50% of the corresponding TDS credit, ensuring your spouse reports their half and claims the remaining 50% of the TDS.

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