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Maintenance Payments and Personal Income Tax: The Tax Authority Clarifies What Counts for Deduction Purposes

The general framework is set out in Article 11(1)(a) of the Personal Income Tax Code: payments made by way of maintenance – including those determined by a court order or by an agreement approved by the Public Prosecutor’s Office – constitute income in Category H (pensions). As such, they are subject to personal income tax (IRS) in the hands of the recipient.

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