Taxability of Compensation received
Taxability of
Compensation received
In course of our life we receive some compensations from various sources
and confused if it is Taxable in our hand or not . To remove such confusion ,
this article will highlight some important compensations and its Tax treatment.
It may be noted that as per Income Tax Act, 1961, the definition of
income do not specifically define “compensation” received as income
so question arise how compensation received under various sources is treated
under Tax ?
Here are
some different sources of Compensation received and its Tax treatment
1. Taxability
of Compensation & Interest Paid in Air Crash
Amount received by Nominee is fully Tax free in the hand of nominee ,
Amount received by survivor is also tax free in the hand of survivor as it is
compensation due to disability .
2. Taxability
of Compensation & Interest awarded by Motor Accidents Claims
Compensation received from Motor
accident claim tribunal is Tax free to the extent of Principal amount , if due
to delay in payment some interest is also received , then it is taxable in the
year of receipt.
3. Compensation received from
builder for its failure to deliver flats in time and booking is cancelled
Compensation received by assessee on cancellation of BBA
(builder buyer Agreement) is treated as capital
receipt and taxable as a capital gain.
4.
Compensation received from Builder for delayed possession of Flat (booking not
cancelled )
It can be treated in two ways :
1. We
may be included it in Value of property and treated it as investment , this
will reduce cost of investment and increase capital gain at the time of sale.
2. It
can be treated as revenue receipt and pay tax on it as other income
5.Compensation
received from Life Insurance company
Compensation received
from Life Insurance company by nominee in case of death is fully Tax free .
In case of endownment
policy where some money is received from time to time by survivor Taxability depends on premium
amount if it is more than 10% of policy .
6.Compensation
received from Govt on accuisation of Property .
Many times govt
accuires property for development purposes like construction /widening of road
, railway line, flyover etc in such
cases govt pays compensation to Owner of property, Taxability depends upon nature
of property , If property is in urban area , such compensation is treated as
capital gain /Loss from property as taxed accordingly, If property is in rural
area under agriculture land it is not taxed
If interest if paid due to delayed
compensation it is Taxed under “income from other Sources”
7.Compensation
received from Govt on account of Natural Calamity like flood , Earthquake,
Rail/Road accident ,collapse of building , Flyover , Bridge etc
Any compensation received from Govt. on
death or disablement due to any types of natural calamity, collapse of building
or flyover, railway accident or other accident or incidents is not taxable in
hands of recipient.
8. Reimbursement of
medical expenses on account of medical insurance policies (Compensation by
Insurance Company)
in such case payment is made either in two ways mode 1. Cashless Treatment and 2.
Reimbursement of Medical Expenses
In case of Cashless Treatment matter is settled by insurance
co directly with Hospital , so no question of Tax payment arise.
In case of reimbursement of Medical expenses , Insurance
company pays actual on the basis of submitted vouchers/Bills so it is not an
income in the hand of recipient so no Tax is Payable.
9.Compensation by
General Insurance Company on account of
damage of Insured property Like car Insurance , House Insurance , Marine
Insurance , Stock Insurance etc
If compensation is more than fair market value of Property
it is treated as Capital gain and Taxed accordingly
In case of Stock insurance
compensation , the amount received is treated as Profit or Loss from
Business or profession and Taxed accordingly
Hope most points are
clarified , for any doubt please contact in person, Thanks
@Ajit