Direct Tax code may bring ULIP & Life Insurance Plan under tax net
- Monday, August 24, 2009, 1:35
- Income Tax
Many Insurance Products under Severe Tax Threat
- Any sum received under a life insurance policy including any bonus thereon will be exempt, only if the premium does not exceed 5% of the capital sum assured and such sum is received only upon completion of the original period of contract or upon the death of the insured.
- All existing ULIPs, Money Back & Guaranteed Return Plans of Insurance Companies, including surrender values of insurance drawn before maturity to take the tax hit.
- Even the return of premium payments out of the investor’s own tax-paid capital, would again attract tax in all such cases.
Anand Roy having taken a 10 year Jeevan Aastha policy of LIC in January, 2009, with a premium payment of Rs.19,31,400, is expecting a maturity sum alongwith guaranteed addition of Rs.42,00,000 under the policy, entitled to total exemption u/s. 10(10D) of the Income-tax Act. This works out to 8% annually compounded return on investment over 10 years. Considering that he is in the top tax bracket of 30%, Anand has calculated his effective return at a comparable break even rate of around12% before tax.
Just imagine the plight of Anand if he is now told that on maturity of his policy in 2019, he will have to dish out tax of Rs.12,60,000 at his applicable rate of 30%, not just on his effective return of Rs.22,68,600 (42,00,000 – 19,31,400), but on the entire sum of Rs.42,00,000 received under the policy, including the principal premium payment of Rs.19,31,400 made out of his own tax-paid capital.
Insurance not fully Tax-Secure
Believe it or not, but it is true. The new Direct Tax Code has just not visualized several dreadful consequences of its proposal to tax maturity proceeds in certain cases of life insurance policies taken during the non-EET regime, due to mature on or after 1st April, 2009, during the EET regime.
Section 56(2)(f) of the Code provides that “any sum received under a life insurance policy, including the sum allocated by way of bonus on such policy” shall be taxable under the head `gross residuary income.’
Section 57(3) which provides for deductions from `gross residuary income’ states that in case of a life insurance policy (other than Keyman Insurance), any sum received including any bonus will be exempt, only if the premium does not exceed 5% of the capital sum assured and such sum is received only upon completion of the original period of contract or upon the death of the insured. This means that all other insurance proceeds (such as the case of Anand Roy referred above and many others) will be subject to income-tax.
Illogical Stipulation – Need for Correction
The stipulation under the proposed Section 57(3) requiring that maturity proceeds of a policy shall be exempt only `if the premium does not exceed 5% of the capital sum assured’ is not only illogical but iniquitous. It needs to be borne in mind that even under the current Section 10(10D) of the I.T. Act, the relevant condition for exemption prescribes that the premium should not exceed 20% of the capital sum assured. Even this restriction, introduced by the Finance Act, 2003, clearly states that it will apply only in respect of an insurance policy issued on or after 1st April, 2003.
It needs to be strongly represented that taxpayers who had taken policies under the I.T. Act, 1961, on the basis of the promise of total exemption u/s. 10(10D), shall not be deprived of the same and that the new provisions of the Code shall apply, if at all, only to policies taken on or after 1st April, 2011.
Premium Payments just can’t be taxed!
The impact of the new provision as proposed under the Code is so deadly that even the return of premium payments out of a taxpayer’s own capital, would attract tax in several cases. This would virtually be taxing not just any earning or gain, but the even the principal capital employed, which is unheard of in canons of taxation.
Moreover, the Code proposals in regard to taxing life insurance policies on the lines of EET model seem to presuppose that every policy holder has availed the benefit of tax incentive at the payment of premium stage. This is a myth; since so many investors who take insurance policies or other investment products offered by insurance companies are either non-taxpayers or do not even avail any tax benefit from the premium payments made by them. If their premiums get to be taxed on as proposed, it would mean inflicting grave injustice upon them.
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- Insurance Premium Exceeding 20 percent of sum assured is allowable?
- ALLOWABILITY OF KEYMAN INSURANCE PREMIUM PAID BY A FIRM ON LIFE OF ITS PARTNERS
- Dispute Resolution Panel, National Tax Code, Returns and assessment procedures, Appeal, revision and penal provisions in Direct Tax code
- Direct Tax code will make People earning between 5-10 lakh end up pay more
your comment on LIC Poicy is worth appreciating. It is clear that taxation of existing lic policies is going to sucidial for existing investors and may hamper their life plans.It should be taxable only in case of new policies.
ONLY PRIVATE INSURANCE POLICIES SHOULD BE TAXED (COME INTO TAX CODE) AND NOT LIC’S POLICIES. BECAUSE PRIVATE PLAYERS NOT HELPING TO BUILD OUR NATION I.E. INDIA. THEY ARE TAKING CAPITAL TO THEIR RESPECTIVE COUNTRIES. PRIVATE PLAYERS ARE CREATING LOSSES TO INDIAN NATION. ONLY LIC IS INVESTING IN BUILDING NATION I.E. ONLY INDIAN PROJECTS.
Hi.
Could anyone clarify whether the new Direct Tax Code will affect the existing insurance plans after 2011 or will they still continue to enjoy the benefit. For eg: If i join an insurance scheme in 2010 which will give me return in 2012 which is not taxable as per existing tax laws, will direct tax code override the provisions and make it taxable when i receive the return. Also could anyone clarify about the EET regime??
Hi Bhargavi,
Under DTC, with new EET regime, Any withdrawal made, or amount received, under whatever circumstances, from the above accounts will be taxable in the year in which the withdrawal is made or the amount is received.But withdrawal of any amount of accumulated balance as on March 31, 2011, in provident funds and Public Provident Fund will not be subject to tax. In other words, only new contributions on or after the commencement of this Code will be subject to the EET method of taxation (grandfathering clause).
One correction.withdrawal of any amount of accumulated balance as on March 31, 2011, in provident funds and Public Provident Fund as well as any life fund will also not be subject to tax.
Bhargavi,
Pl find the EET REGIME in brief :
As of now, individuals enjoy several tax benefits – of course, subject to certain quantitative limits – on their investments in a multitude of savings instruments; namely, EPF, VPF, PPF, GPF, NSC, insurance policies, ULIPs, ELSS, bank fixed deposits, post office deposits, housing loan instalments, interest paid on housing loan, etc. The present system is called ‘EEE’ meaning investments enjoy benefits in three stages:
1). Exemption allowed at the time initial contribution,
2). Exemption through out the accumulation period, and
3). Exemption at the time of withdrawal.
The EET method will apply for new contributions made after the commencement of the DTC. The DTC proposes to shift to a new system called ‘EET’ whereby exemption will be allowed at the time of initial investment and accumulation period only; but the withdrawals will be included in the taxable income and taxed according to one’s tax slabs (the spin doctors in the Government want us to believe that moving to an ‘EET’ regime is as per the ‘best international practices!’ Wow, what a discovery? Till the other day, the gullible Indian public have been repeatedly (in fact, ad nauseam) informed by the Government authorities that India has withstood the aftershocks of the global economic crisis because of the ‘best Indian practices!’ What a ruse!)
Simply put, under the proposed EET regime, tax savers will be postponing their tax liability for future or till the date of retirement. Is retirement the best time to pay our taxes by avoiding payment of taxes during our earning years?
Seeing the DTC, is it advisable to:
(i) Withdraw maximum amount in the PPF by 31 March 2011.
(ii) Subscribe minimum (Rs 500) per year from 01 Apr 2011 to the PPF.
Is this correct?
cant say till the final act comes. Nothing will be retrospective so keep going as you were earlier.
what i think is that government will not permit DTC to withdraw the benefit of 10(10D) from the existing policies. Imagine a 60 Years old man who has invested his life time earning in a ULIP for his retirement and his policy is maturing on 30th april 2011 requires to pay heavy tax on the returns. he’ll actually die of a heart attack.
Government should think about the country ppl.
i just want to know that i had purchase 1 LIC endowment policy on 01/04/2010 for 12,00,000/- sum assured & for that annual premium is 72,250/- for 17 years term. then under DTC whether it attrect tax on maturity or not
So as per DTC, This is clear that if ULIPS have no benefit of Tax Saving then whats the use of It?? But what about those who are already paying Premiums for ULIP. So what all you suggest do they require to withdraw their all money and put the same in PPF OR lic PENSION (non ulip)
Hi Teja
Premium is not exempted from tax. Hope our MPs oppose the bill tooth and nail and fight for the common man
re taxability of insurance proceeds -non pure insurance -including premium paid-while article talks of full taxability-some business channels are talking of no taxability oif policy prior to 31.3.2012.They are quoting Schedule 6 of Bill-Can someone reconcile the two views.thanks.This will be draconian to say the least for average policy holders.Can tax guru help in starting a campaign against this?
will u inform me 2012 in ULIPS is taxfree of taxable ?
D K Please shut your mouth and ifyou want to say some thing talk sensesibly,,,,,,,,,,,,,,,,
If rich people invest in shrae market they are excempt from taxation (exemption under long term capital gain on equity) but our poor/middle class indians who invest to secure their family life in case of any eventuality are taxed for insuring its grave injustice
Hi,
Can i claim my spouse ULIP invcestment in my tax examtion under Section 80C deduction. Like life insurance premium to my spouse.
Regrds
Jaysankar.S
What is the tax liabilty of LIC Maturity proceeds from single premium policies( Bima Nimesh) ?