Tax on divorce settlement

818 views 1 replies

 

I have recently received 2 demand drafts from an individual (as a part of some mutual settlement) worth 9 lakhs and 2 lakhs resp. The DDs have been made in India. I am not a regular tax payer since my income has been less than the taxable slab. I am going to deposit these 2 DDs for clearance to my SBI account in a diff city. Now, I have following questions:

1. After the DDs are cleared and deposited into my savings account, Would the principle amount (9 +2) lakh be subjected to TDS deduction?

2. If this principle amount is not subject to tax deduction at source (TDS), than would it be considered as a part of my taxable annual income for the current tax year? I guess what I am trying to ask is - Would i have to report these 11 lakhs as a part of my annual income and file tax for the current year in 2012? I am sorry if this sounds silly, I have no experience with taxes in India.

Thanks for you time and answer.

 


Replies (1)

basis of such receipts does matter for tax compulation 

mere saying that its mutual settlement, does not clear the facts, 

however division of property attracts capital gain tax, whereas "alimoney" is to be counted as income from other sources.

better get in touch with your tax lawyer and clear the facts to him, and get advise.

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