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NDTV·4 min read·medium

Property As Alimony: Tax Rules Every Divorcing Couple Should Know

P
Prateek Shukla
Property As Alimony: Tax Rules Every Divorcing Couple Should Know
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Transferring property as part of a divorce settlement carries specific tax implications under Indian law, particularly regarding the definition of 'relatives' for gift tax exemptions. Experts advise that the timing of the transfer relative to the finalization of the divorce is critical for tax liability.

Why it matters

Understanding these tax nuances is essential for divorcing couples to avoid unexpected financial burdens during asset division.

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Alimony Property Settlement Tax: A divorce settlement can involve more than just a monthly payment or a one-time cheque. In some cases, a spouse may receive a house, land or another asset as part of the alimony arrangement.That raises an important question: Does receiving the property trigger an income-tax liability for the wife?The answer depends on why and how the property is transferred. Consider a case where a husband and wife have agreed to a mutual-consent divorce. The husband does not have enough cash to pay the agreed one-time alimony. Instead, the couple agrees that a property owned by the husband's mother will be transferred to the wife as part of the settlement.At first glance, this may look simple.

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