Life Insurance Plans are very popular
as a tool to get deduction u/s 80C of the I T Act. 1. The investment in life
insurance can be deducted up to Rs 1,50,000. (Rs. 1 Lakh upto A.Y. 2014-15). It
a common perception that Premium Paid all Life Insurance Policies qualifies for
deduction under section 80C of the Income Tax Act,1961 and full premium amount
qualifies for deduction under section 80C .
Apart
from several other items provided under section 80C, a taxpayer, being an
individual or a Hindu Undivided Family (HUF), can claim deduction under section
80C in respect of premium on life insurance policy paid by him/it during the
year.
Policy to be taken in whose name?
In case of an individual, deduction
is available in respect of policy taken in the name of taxpayer or his/her
spouse or his/her children. In case of a HUF, deduction is available in respect
of policy taken in the name of any of the members of the HUF.
No deduction is available in respect
of premium paid in respect of policy taken in the name of any person, other
than given above.
Deduction Allowed
Overall deduction u/s 80C (along with
deduction u/s 80CCC & 80CCD) allowed is up to Rs. 1,50,000
How much
deduction available u/s 80C for investment in insurance policies???
Section 80C of the Income Tax Act
provides deduction up to Rs 1,50,000 provided you invest according to condition
given in section itself. One of the most popular way of saving tax by deduction
u/s 80C is purchase of insurance policy. There is common perception that
premium upto Rs 1,50,000 on any insurance product like life insurance or Unit
Linked Insurance plan is fully allowed.However, this is not correct. The reason
for such conclusion is section 80C (3) and 3(A) of the Income Tax Act which
specifies which premium is eligible for deduction under section 80C of the
Income Tax Act,1961.
Restriction on amount of deduction
with respect to capital sum assured/ Eligible Premium under Sub-section (3) and
(3A) of 80C of Income Tax Act,1961 For regular Life Insurance Policies (other
than contract for deferred annuity)
Issued from 01.04.2012 – premium paid
not in excess of 10% of Capital Sum Assured (as amended by Finance Act 2012.
Issued from 01.04.2003 and on or
before 31.03.2012 – premium paid not in excess of 20% of Capital Sum Assured
Eligible Premium
under Sub-section (3) and (3A) of 80C of Income Tax Act,1961 For Life Insurance
Policies (other than contract for deferred annuity) for (a) a person
with disability or a person with severe disability as referred to in section
80U, or (b) suffering from disease or ailment as specified in the rules
made under section 80DDB,
Issued from 01.04.2013 –
premium paid not in excess of 15% of Capital Sum Assured ( Inserted by the
Finance Act, 2013, w.e.f. 1-4-2014).
Therefore , it is clear from section
80C (3) that whatever insurance premium is paid for any insurance policy( other
than deferred annuity) or ULIP , the maximum allowable is fixed at 10% of the
sum assured.
So, next time
you buy any insurance product , think about sum assured and whether the
insurance premium is just below 10 % of sum assured regular policies and 15%
for for (a) a person with disability or a
person with severe disability as referred to in section 80U, or (b)
suffering from disease or ailment as specified in the rules made under section
80DDB.
Minimum holding period for Life
insurance policy – 2 Years.
Taxability of Premium allowed in
Earlier year- If
any of Life insurance policy is terminated, sold, etc., before
the minimum holding period specified above, then the deduction allowed in
earlier years would be deemed as income of the previous year of termination, sale,
etc. Further, no deduction will be allowed in respect of contribution, payment,
etc., made towards such policy (i.e., which is terminated) during the year of
termination.
Illustration
Mr. Raja had made the following
payments during the financial year 2015-16 to avail of the advantage of
deduction under section 80C:
1. Premium paid on his life insurance
policy of Rs. 8,400. Policy was taken in April 2011 and sum assured was Rs.
25,000.
2. Premium of Rs. 1,000 on his
another life insurance policy. Premium was due in March 2015 but was actually
paid in April 2016.
3. Premium of Rs. 30,000 on life
insurance policy taken in the name of his wife. Policy was taken in April 2012
and sum assured was Rs. 2,00,000.
4. Premium of Rs. 30,000 on life
insurance policies taken in the name of his three children (one is minor
daughter, second is major married daughter and third is major married son, who
is a practicing engineer). The policies are term plans and premium on all the
policies worked out to be 5% of capital sum assured.
5. Premium on life insurance policy
taken in the name of his parents who are dependent on him. Premium paid during
the year amounted to Rs. 25,200.
6. Premium on life insurance policy
taken in the name of parents of his spouse who are dependent on him. Premium
paid during the year amounted to Rs. 2,520.
7. Premium on life insurance policy
taken in the name of his younger brother and sister dependent on him. Premium
paid during the year amounted to Rs. 5,000.
8. Investment in PPF Rs. 60,000.
9. Investment in NSC Rs. 10,000.
Interest accrued during the year on NSC amounted to Rs. 1,000.
10. Payment of tuition fees of his
minor daughter Rs. 5,000.
11. Repayment of housing loan Rs.
12,000.
12. Investment in post office time
deposit Rs. 10,000.
What will be the quantum of deduction
under section 80C for the year 2015-16 which Mr. Raja will be entitled to claim
in respect of above payments?
**
(A) The taxpayer can claim deduction
under section 80C in respect of premium on life insurance policy paid by him
during the year. Deduction is available in respect of policy taken in the name
of taxpayer, his spouse and his children. No deduction is available in respect
of premium paid in respect of policy taken in the name of any person other than
given above. Deduction is restricted to 20% of capital sum assured in respect
of policies issued on or before 3 1-3-2012 and 10% in case of policies issued
on or after 1-4-2012. Considering the above provisions, deduction in respect of
life insurance premium will be as follows:
1) In respect of premium of Rs. 8,400
on his life insurance policy which is taken in April 2011, deduction will be
restricted to 20% of capital sum assured. Sum assured is Rs. 25,000 and 20% of
the same will work out to be Rs. 5,000. Hence, out of Rs. 8,400, he will be
eligible to claim deduction of Rs. 5,000.
2) Deduction under section 80C is
available on payment basis. In respect of premium of Rs. 1,000 on his another
policy (which is due in March), no deduction will be available in current year,
since the premium is not paid in the current year. Premium is paid in next year
and hence, he can claim deduction of Rs. 1,000 in next year.
3) In respect of premium of Rs.
30,000 on life insurance policy taken in the name of his wife, deduction will
be restricted to 10% of capital sum assured. Sum assured is Rs. 2,00,000 and
10% of the same will work out to be Rs. 20,000, hence, out of Rs. 30,000, he
will be eligible to claim deduction of Rs. 20,000.
4) Premium in respect of policy taken
in the name of his children works out to be 5% of capital sum assured. Hence,
entire amount of premium of Rs. 30,000 will be eligible for deduction. Further,
it should be noted that deduction is allowed for all children irrespective of
the fact whether they are dependent/independent, major/minor, or
married/unmarried.
5) No deduction is available on
account of premium paid in respect of policy taken in the name of any person
other than the taxpayer, his spouse and his children. Hence, no deduction will
be available in respect of premium paid by him on policy taken in the name of
his parents, parents of his spouse and his brother/sister.
6) Total premium eligible for
deduction under section 80C will amount to Rs. 55,000 (Rs. 5,000 + Rs. 20,000 +
Rs. 30,000).
(B) The taxpayer can claim deduction
under section 80C in respect of any contribution made by him towards statutory
provident fund or recognised provident fund or approved superannuation fund or
public provident fund (PPF). Thus, contribution to PPF of Rs. 60,000 will be eligible
for deduction under section 80C.
(C) The taxpayer can claim deduction
under section 80C in respect of amount paid by him towards purchase of NSC.
Hence, he will be able to claim deduction under section 80C in respect of Rs.
10,000 paid by him towards purchase of NSC.
Accrued interest on NSC is taxed in
the hands of the receiver and the same will be treated as an investment during
the year of accrual (except for last year) and will qualify for deduction under
section 80C. Hence, accrued interest of Rs. 1,000 will be treated as taxable
income and on the same hand will also qualify for deduction under section 80C.
(D) The taxpayer can claim deduction
under section 80C in respect of amount paid by him during the year towards tuition
fees (excluding development fees, donation or similar payments) paid at the
time of admission or thereafter, to any university, school, college or other
educational institution situated in India, for full time education of any two
children of the taxpayer. Hence, Rs. 5,000 paid by him on account of tuition
fees of his minor daughter will qualify for deduction under section 80C.
(E) The taxpayer can claim deduction
under section 80C in respect of amount paid by him towards repayment of housing
loan. Hence, Rs. 12,000 paid by him on account of repayment of housing loan
will qualify for deduction under section 80C.
(F) The taxpayer can claim deduction
under section 80C in respect of investment made by him in post office time
deposit. Hence, he can claim deduction of Rs. 10,000 under section 80C.
Considering above eligible items
given in (A) to (F), the eligible amount of deduction will come to Rs. 1,53,000
(*)
However, total deduction under
section 80C cannot exceed Rs. 1,50,000, hence, deduction will be limited to Rs.
1,50,000. In other words, Mr. Raja can claim deduction of Rs. 1,50,000 under
section 80C.
(*) Rs. 55,000 LIP + Rs. 60,000 PPF +
Rs. 11,000 NSC +Rs. 5,000 tuition fees + Rs. 12,000 housing loan + Rs. 10,000
time deposits.
- See more at: http://taxguru.in/income-tax/insurance-premium-exceeding-20-of-sum-assured-is-ot-allowable.html#sthash.yOD19nQk.dpuf
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