CBDT notifies condition for claiming tax exemption for receiving ex-gratia amount due to COVID-19



Quick Summary
The Central Board of Direct Taxes (CBDT) has issued new guidelines for claiming tax exemption on ex-gratia payments received by families due to a member's death from COVID-19. To qualify for the exemption, the individual's death must have occurred within six months of testing positive for COVID-19. Families will need to maintain records of the positive test report and a medical certificate or death certificate confirming COVID-19 as the cause of death. The notification is effective from April 1, 2020, for assessment year 2020-21 onwards.

Any family receiving ex-gratia amount on account of death of a family- member due to Covid 19 from his employer or other person will be able to claim exemption only if the death was within a period of six months from his testing positive. Read the official notification below:
 

MINISTRY OF FINANCE 
(Department of Revenue) 
(CENTRAL BOARD OF DIRECT TAXES) 
NOTIFICATION New Delhi, 
the 5th August, 2022

S.O. 3705(E).— In exercise of the powers conferred by clause (XIII) of the first proviso to clause (x) of sub-section (2) of section 56 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby specifies the following conditions, namely:-

1. (i) the death of the individual should be within six months from the date of testing positive or from the date of being clinically determined as a COVID-19 case, for which any sum of money has been received by the member of the family;

(ii) the family member of the individual shall keep a record of the following documents, -

  • the COVID-19 positive report of the individual, or medical report if clinically determined to be COVID-19 positive through investigations in a hospital or an in- patient facility by a treating physician;
  • a medical report or death certificate issued by a medical practitioner or a Government civil registration office, in which it is stated that death of the person is related to corona virus disease (COVID-19).

2. Statement of any sum of money received by a member of the family of a deceased person from the employer of the deceased person or from any other person or persons, on account of death due to COVID-19 for the purposes of clause (XIII) of the first proviso to clause (x) of sub- section (2) of section 56 of the Income-tax Act, 1961 shall be verified and furnished in Form A

3. The details of the amount received in any financial year shall be furnished in Form A to the Assessing Officer within nine months from the end of such financial year or 31.12.2022 whichever is

COVID-19 Death Ex-Gratia Tax Exemption Conditions Notified

Form A

S. No.

   

1.

Name:

 

2.

Address:

 

3.

Permanent account number:

 

4.

Relationship of the recipient with the deceased person:

 

5.

Details of diagnosis of being positive for COVID-19

Dd/mm/yyyy;

S.No./ Id No. of the medical report/ test report

6.

Details of death due to COVID-19 and a medical report or death certificate issued by a medical practitioner or a Government civil registration office, in which it is stated that death is related to corona virus disease (COVID-19):

Dd/mm/yyyy;

S.No./ Id No. of the medical report

7.

Amount received-

(a) from the employer of the deceased:

(b) from other person or persons:

 

8.

Name, address and PAN of the employer of the deceased:

 

9.

Previous received:

year

in

which

the

amount

has

been

 

10.

Amount received from the employer:

(In Rs)

11.

Name, address and PAN of the other person/persons:

 

12.

Previous received:

year

in

which

the

amount

has

been

 

13.

Amount received from other person/ persons:

(In Rs)

14.

Total amount received (11+13)

(In Rs)

Declaration

I, (Name in full and in block letters) son/daughter/wife of do hereby declare that:

To the best of my knowledge and belief whatever is stated in the above columns including the documents attached supporting the statement is correct and complete.

I further declare that during the previous year…... mm/dd/yyyy the total amount received by me is

solely on account of death of my family member due to COVID-19. Place:

Date:

Yours faithfully,

Signature …………….……………….

Name…………………………………

Designation…………………………

4. This notification shall be deemed to have come into force from the 1st day of April, 2020 and shall apply in relation to the assessment year 2020-2021 and subsequent assessment years.

[Notification No. 92/ 2022/ F. No. 370142/31/2022-TPL (Part-2)] 
UMME FARDINA ADIL, Under Secy., Tax Policy and Legislation Division

Note : It is certified that no person is being adversely affected by granting retrospective effect to this notification

FAQ :

The primary condition is that the death of the individual must occur within six months from the date they tested positive for COVID-19 or were clinically determined to have the disease.

You need to keep records of the individual's COVID-19 positive test report or a medical report confirming the diagnosis, along with a medical report or death certificate stating that the death was related to COVID-19.

This notification is deemed to have come into force from April 1, 2020, and applies to assessment year 2020-2021 and subsequent assessment years.

The details of the amount received must be furnished in Form A to the Assessing Officer within nine months from the end of the financial year in which it was received, or by December 31, 2022, whichever is later.

The ex-gratia payment can be received by a family member of the deceased individual from their employer or any other person.




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