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Special Income

Receiving a court award, arbitration award or compensation as an NRI

Whether it is taxed depends on what it compensates, and the interest on it is treated separately.

You have received, or are about to receive, money from India under a court judgment, an arbitration award, or a settlement, damages for a broken contract, compensation for a property or a right, a decree in your favour, and you are unsure whether it is taxed. The answer is not one-size-fits-all: it turns on what the money is really compensating for, and the interest on an award is treated differently from the award itself. And the payer will often deduct tax on the whole thing to be safe. Here is how a court or arbitration award is taxed for an NRI.
Last reviewed: 26 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

Whether a court or arbitration award is taxable turns on capital versus revenue. Compensation for the loss of a capital asset, a source of income, or a right, such as damages for a breach of contract or the release of a right to sue, is generally a capital receipt and not taxable. Compensation for lost income or trade is a revenue receipt and is taxable. The interest awarded on top is treated separately: interest on enhanced compensation for compulsorily acquired property is taxable as other income with a 50% deduction, while ordinary interest on an award is fully taxable. A non-compete payment is business income. For an NRI, the payer often deducts tax on the whole award under Section 195, and you reclaim the tax on any non-taxable part.

References on this page

  • Compensation for the loss of a capital asset or a right (e.g. damages for breach, release of a right to sue) is generally a non-taxable capital receipt
  • Compensation for lost income or trade is a taxable revenue receipt
  • Interest on enhanced acquisition compensation is taxed with a 50% deduction (Sections 56(2)(viii), 57(iv)); ordinary award interest is fully taxable
  • For an NRI, the payer often deducts TDS on the whole award under Section 195; tax on a non-taxable part is reclaimed

Capital or revenue decides it

The governing question for any award or settlement is whether it is a capital receipt or a revenue one. A capital receipt is not taxable unless a specific section brings it to tax; a revenue receipt is taxable unless exempt. So what the money compensates for is everything. Compensation for the loss or sterilisation of a capital asset, a source of income, or a legal right, is capital, and generally not taxable. Damages for a breach of contract, or a sum for giving up your right to sue, fall on this side and are usually not taxed, and often are not even chargeable as capital gains because there is no cost of acquisition.

By contrast, compensation that stands in for income you would have earned, lost profits, lost trading receipts, is a revenue receipt and is taxable. So the same word, compensation, can be tax-free or taxable depending on what it replaces. Because this is fact-heavy and litigated, the exact character of your award is something to pin down carefully rather than assume.

Interest, non-compete, and the NRI withholding

The interest on an award is treated as its own thing. Interest awarded on enhanced compensation for property that was compulsorily acquired is taxable as income from other sources under Section 56(2)(viii) in the year you receive it, but with a generous 50% deduction under Section 57(iv), so only half of it is effectively taxed. Ordinary interest on a commercial award or decree, by contrast, does not get that 50% and is fully taxable. And a payment for agreeing not to compete or not to carry on a business is taxable as business income under Section 28, unless it is really consideration for transferring a business right, which is taxed as capital gains.

For an NRI there is a withholding wrinkle. The payer must deduct tax under Section 195 only on a sum that is chargeable to tax, which the Supreme Court has confirmed, so a genuinely capital, non-taxable award should carry no TDS. In practice, payers deduct on the whole amount to be safe, leaving you to reclaim the tax on the non-taxable part by filing a return, or to obtain a lower-deduction certificate first. A practising CA characterises the award correctly, taxes only what is taxable, applies the 50% relief to compensation-interest, and recovers tax over-deducted on a capital receipt.

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What's involved

What the CA actually does

  1. 1

    We characterise the award

    We work out whether your award or settlement is a non-taxable capital receipt or a taxable revenue one, which decides the whole tax.

  2. 2

    We treat the interest correctly

    We apply the 50% deduction to interest on acquisition compensation, and tax ordinary award interest in full, as each rule requires.

  3. 3

    We handle non-compete sums

    We tax a non-compete or negative-covenant payment as business income, or as capital gains where it is really a transfer of a business right.

  4. 4

    We recover over-deducted TDS

    Where the payer withheld on the whole award including a non-taxable part, we reclaim it, or get a lower-deduction certificate first.

What to have ready

Documents you'll typically need

  • The judgment, award or settlement agreement
  • What each part of the award compensates for
  • Any interest component and the TDS deducted
  • Your PAN and residency details

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next — how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 31 countries.

Frequently asked questions

Common questions

Received a court award or compensation from India?

Tell us what it is for. A practising CA will tax only what is taxable and recover the rest on a free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.