• Tax implication on gold received as a part of lump sum alimony

Under mutual divorce, if the spouse offers to pay the alimony, partly as cash and partly as gold, but at the same time as lumpsum alimony, firstly, will the gold be considered as lumpsum alimony? And secondly, if the other spouse sells the gold, will it be taxable in her hands? What will be the value of gold taxed if the person who is giving the gold either received it as a gift or had purchased it at different points in time for which he does not have receipts? In such case, what will be the taxable amount in the hands of the recipient? Is there any way to save taxes? Since the gold was acquired before divorce, while the couple was living together, can it be considered Stridhan? The gold is not in possession of the wife and the husband wants to include it as alimony for divorce. What are the tax and other implications in the hands of the wife in such case?
Asked 5 hours ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

3 Answers

old transferred as part of a one-time settlement is considered part of the lump-sum alimony.

2)The receipt of gold itself is not taxable for the wife if received before or during the finalisation of the divorce, as it is often treated as a gift from a relative (spouse) under Section 56(2) of the Income Tax Act

 

3)While the receipt is tax-free, selling the gold later triggers Capital Gains Tax in the wife's hands. 

 

4)You can save the entire capital gains tax if you invest the full sale proceeds from the gold into purchasing or constructing a residential house within specified timelines.

 

5) Ensure the gold is held for more than 24 months (including the husband's holding time) to qualify for the lower 12.5% long-term rate instead of slab rates. 

Ajay Sethi
Advocate, Mumbai
100155 Answers
8179 Consultations

Any thing received by court settlement and consultation is free from income tax 

Prashant Nayak
Advocate, Mumbai
34803 Answers
254 Consultations

Under Indian law, lump-sum alimony can be paid either in cash or by transfer of assets (property, jewellery, investments, etc.). If the divorce settlement clearly states that gold and  cash together constitute the one-time permanent alimony, then legally the gold forms part of the lump-sum settlement. From a tax perspective, lump-sum alimony is treated as a capital receipt and is not taxable in the hands of the recipient spouse.

Therefore the alimony paid in cash as well as in gold as one time settlement is not taxable at the time of receipt. But the divorce agreement should clearly state the amount as well as the weight of the gold given as settlement.

When she sells the gold later, capital gains tax may arise and the computation for LTCG  will be from the date of purchase by the husband, however if proof of purchase is not available, the fair market value on a reasonable date may be adopted as cost.

If in the settlement agreement  an approximate amount for the value of gold  settlement is mentioned then that becomes the accepted acquisition value for future tax reference.

The Jewellery given to the wife at marriage or the Gifts from husband or in-laws or the Gifts from relatives or if  the gold originally belonged to the wife (marriage jewellery etc.), then legally it is her Stridhan, not alimony.

In mutual divorce settlements, the terms of settlement describe jewellery weight/value to avoid later tax disputes towards total alimony amount settled. 

 

T Kalaiselvan
Advocate, Vellore
90359 Answers
2518 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer