3. The husband and wife undertake to make and submit, in accordance with paragraph 74.5, paragraph 3, of the Law on Income Tax, with their tax returns for the year of performance of this contract, a common choice (in a form appropriate for filing, as described in Annex “B” to this contract), so that the provisions relating to the taxable assignment of the Law on Income Tax are not carried out at the request of the spouse and after the conclusion of this contract. It is a separation agreement. 4. In addition, the husband and wife agree that, for any reason, under the provisions of the Income Tax Act or similar federal or national legislation, taxable capital gains between them are, for the period following the conclusion of this contract, exempt from an increase in the income tax of the spouse of the transferor, the transferred spouse must be exempted from a resulting increase in income tax and must be kept unharmed. You may read or hear that the “law” states that you must obtain independent legal advice before executing your separation agreement. This requirement is often misunderstood. It`s not like you signed a separation agreement without independent legal advice. The problem is that we live in a time when people are often not brought to justice for their actions. You will need two houses in the future.
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