• Tax Implications in Oral family settlement (recorded through memorandum)

Hi,

My father expired recently without leaving any will. My mother, my married brother and myself (married daughter) are his only legal heirs. We have done an Oral family settlement (recorded through memorandum) in order to resolve conflict between us. 

There are 4 main components in the above oral family settlement:

1) My mother has borrowed money from me across past several years for her sole proprietorship business, she has also been paying annual interest on outstanding principal amount every year. As part of settlement she has returned Rs 23 lacs of the outstanding principal amount.

2) I have given my late father a loan of Rs. 7.38 lacs many years back. No interest has been paid to me on this loan amount. As part of above settlement I have received back the entire Rs. 7.38 lacs without any interest payment.

3) My mother received Rs. 31 lacs from the PPF account of my late father as nominee. As part of settlement she and my brother has given me Rs. 14.62 lacs as my share from above PPF amount.

4) As per above settlement, I have also relinquished my share in the ICICI Bank Savings account of my late father in favour of my mother and brother.

So in total I have received Rs 45 lacs as per above settlement. As per my understanding this entire amount is exempted from income tax /capital gain tax. I am confused as to how much of above amount should I show in the EXEMPTED INCOME section of ITR.

a) Should I show the principal amount of Rs. 23 lacs received from my mother as part of settlement in exempted income?

b) Should I show the principal amount of Rs. 7.38 lacs received from my late father as part of settlement in exempted income?

If yes, is it fine that I show only Rs. 14.62 lacs of the total Rs. 45 lacs received as per above family settment as exempted income in ITR?
Asked 12 months ago in Income Tax

Show 14.62 lacs in Schedule EI

Vivek Kumar Arora
CA, Delhi
4950 Answers
1105 Consultations

Based on the details provided, here is the tax treatment for each of the 4 components:

  1. The Rs 23 lacs received from your mother against loan principal is not taxable income for you. Hence it should not be shown in the exempted income schedule.
  2. The Rs 7.38 lacs received from your late father's estate against loan given is not taxable income for you. Hence it should also not be shown in the exempted income schedule.
  3. The Rs 14.62 lacs received as your share of PPF amount is tax exempt under section 10(15) of the Income Tax Act. This amount should be reported in the exempted income schedule (Schedule EI) in your ITR.
  4. Relinquishing your share in your late father's savings account does not qualify as taxable income, so nothing to report for tax purposes.

In summary, out of the total Rs 45 lacs received under the family settlement, only the Rs 14.62 lacs pertaining to PPF withdrawal should be shown in Schedule EI as exempted income in your ITR. The rest is repayment of loans given by you, so does not constitute taxable income.

Please let me know if you need any other clarification!

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

 

Thank you.

Shubham Goyal

Shubham Goyal
CA, Delhi
349 Answers
7 Consultations

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