Can single parent get I-T exemption on maintenance money: Law

Image
Press Trust of India New Delhi
Last Updated : Mar 14 2017 | 6:13 PM IST
Whether single parents can get income tax exemption on the money deposited in their account as maintenance for a minor child in a divorce settlement case?
The Law Commission is set to make recommendations in this regard in the coming days after the issue was referred to it by the Punjab and Haryana High Court.
At present, as per the Income Tax laws, the interest on money deposited as maintenance amount for a minor is clubbed with the income of the guardian.
Referring the matter to the Law Commission, the Punjab and Haryana High Court had asked it to consider "as to whether the Income Tax Act, 1961 requires amendment to create exception against clubbing of a minor's income accruing from maintenance money with either of the parent's income".
The court has said that as per its opinion, the circumstances of the minor having received maintenance money are different from say a minor in whose name some business has been started by either of the parent or who has been advanced some gift during the subsistence of marriage of parents.
"The matter is, therefore, forwarded to the Law Commission and the Ministry of Women and Child Development for consideration whether suitable amendments are required to be made in the Income Tax Act, 1961, to ensure that maintenance settled on minors is exempted from income tax or is treated differently," the court said last January.
The Commission is set to finalise the report in the coming days. While a copy would be sent to the high court, it would also be handed over the Law Ministry.

Disclaimer: No Business Standard Journalist was involved in creation of this content

*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Mar 14 2017 | 6:13 PM IST

Next Story