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This comprehensive article delves into the intricacies of Section 80C deductions, focusing on the significance of tuition or school fees paid for the education of children. Covering eligibility criteria, maximum child limits, and practical considerations, the article elucidates the nuances of claiming deductions under Section 80C. With detailed insights, FAQs, and a summary of provisions, this guide serves as a valuable resource for individuals navigating the complexities of tax benefits related to education expenses. From understanding who qualifies for this tax benefit to exploring the permissible expenses, this exploration serves as a guide for those seeking to optimize their tax planning while investing in education.

Exam-Labs, a leading resource for educational materials and exam preparation, emphasizes the importance of understanding Section 80C deductions for tuition or school fees in the context of children’s education.

Deduction u/s. 80C for tuition / school fees paid for education of children

Page Contents

Who is Eligible for Section 80C Deduction:

Deduction for tuition fees u/s. 80C of the Income Tax Act 1961 is available to Individual Assessee and is not available to HUF.

Maximum Child:

Deduction under this section is available for tuition fees paid on two children’s education. If Assessee have more then two children then he can claim tuition fees paid of only two children’s. The Deduction is available for any two children.

Here we would like to mention that husband and wife both have a separate limit of two children each, so they can claim deduction for 2 children each.

Large Group of Student Standing

Expenditure paid for self education not allowable: –

This is the only clause u/s 80C where assessee can not claim tax benefit for expenditure incurred for self. In other words if assessee has paid tuition fees for his own studies, he will not be eligible for deduction.

Fees paid for spouse:

Deduction is not available for tuition fees paid for studies of spouse.

Maximum Limit for Section 80C Deduction:

Deduction for tuition Fees is available up to Rs. 150000.  Please Note that aggregate amount of deduction  under section 80C , 80CCC and  80CCD shall not  exceed Rs. 1,50,000/-.

Deduction available on payment basis: –

Deduction under this section is available on payment basis. Fees may be related to any period. For example feed paid for April 2019 if Paid in March 2019 will be eligible for deduction u/s. 80C in A.Y. 2019-20.

Section 80C Deduction not available for part time course:-

The deduction is available for Full Time courses only.   In our opinion no deduction is available for part time or distance learning courses.

Fees for Private tuition/Coaching Classes not eligible for deduction u/s. 80C :-

The fees should be paid to university, college, school or other educational institution. No deduction available for fees paid for private tuition’s , coaching courses for admission in professional courses or any other type of courses are not covered as that fee is not paid for FULL time education.

Location of University, college, school or other educational institution:

University, college, school or other educational institution must be situated in India though it can be affiliated to any foreign institutes.

Allowability of pre-nursery, play school and nursery class fees: –

Pre-nursery, play school and nursery class fees is also covered under section 80C (circular No. 20/2015 Dated 02/12/2015)

Not allowable Expenses:-

1. Development fees or donation not eligible.

2. Transport charges, hostel charges, Mess charges, library fees, scooter/cycle/car stand charges incurred for education are not allowed.

3. Late fees is not eligible for deduction.

4. Term Fees is not eligible for deduction.

5. No deduction for part time or distance learning courses.

6. no rebate for private tuition.

7. Building fund or any donation etc not allowed.

Note: Above list is not exhaustive.

Summary of Above Provisions

1) Deduction from taxable income under Section 80C is available to individual taxpayers up to a maximum amount of Rs1.5 lakh for education expenses incurred for one’s children.

2) Each parent can claim the deduction for the tuition fees paid for up to two children each, thereby covering a maximum of four children in a family.

3) This deduction is available to the parent who has made the payment, to the extent of the tuition fee actually paid or Rs 1.5 lakh, whichever is lower.

4) The deduction can be claimed only for full-time courses including pre-nursery and playschool. Part-time, distance learning courses, private tuitions and coaching classes are not covered.

5) This deduction can be availed of on the basis of actual payment made, irrespective of the period to which the fee may pertain.

6) Only the tuition fee paid is eligible for deduction. Other expenses, such as transport charges, library charges, hostel charges, development fees or donation, are not covered.

FREQUENTLY ASKED QUESTIONS ON DEDUCTION FOR TUITION FEES U/S. 80C

Q.1 Can an unmarried person can claim deduction u/s 80C of Income tax Act, 1961 for school fee paid for 2 children?

Answer: Yes he can. As clause (c)  of sub-section 4 of Section 80C only speaks of children’s of Individual.  Section 80C is silent on legality of child and it does not say that child should be legal child.

Q.2 Can I claim deduction u/s 80C of Income tax Act, 1961 for my adopted child’s school fees?

Answer: Yes you can. As section 80C again silent and do not specify that child should be biological child for the purpose of claiming deduction under clause (xvii) of section 80C.

Q.3 I have divorced to my wife and have custody of my son with me and paying his school fees. Will I be eligible for deduction u/s 80C of Income tax Act, 1961 for school fee paid on his education?

Answer: Yes you will. As section 80C do not specify that marriage should continue to claim the deduction under clause (xvii) of section 80C.

Q.4 Can I claim deduction under section 80C for tuition fees paid to an Indian institution for my wife’s education?

Answer: No you can’t claim. Deduction u/s. 80C is available only for tuition fees paid for two children’s education.

Q.5 I and my wife both paid for education of our one child. My wife paid 70,000 and I paid 1,60,000/- can we both claim deduction?

Answer: Yes both of you can claim deduction u/s 80C up to a maximum of Rs.  1,50,000 each.  You can claim deduction up to 150000/- and your wife can claim deduction of Rs. 70,000/-.

Q.6 I am currently working and studying. If  I pay my tuition fees out my own earnings and do not take an educational loan, will I get any tax benefits?

Answer: The tuition fees paid by you will not make you eligible for any tax benefits. You will not be able to claim any income tax deduction.

Q.7 I am a working women and I am paying the education fees for my husband education. Can I claim the deduction for this?

Answer: Payment of tuition fee up to Rs 1.5 lakh can be claimed as deduction u/s 80C of the I T Act. But the payment of tuition fee for full time course must be for for any two children of individual. It follows therefore one can not claim deduction for payment of tuition fee for his/her spouse.

Q.8 Section 80C allows deduction in respect of tuition fee but excludes payments towards development fees, donations or payments of similar nature.

Does this mean that the items not specifically excluded, such as fees for games, magazines, stationery, Parents’ Teacher Association fees, Staff Benefit Fund, Gratuity Fund, and hostel will not qualify for the deduction?

Answer: None of these will qualify for deduction under Section 80C of the Income-Tax Act, 1961.

The deduction available under this Section is for sums paid as tuition fees (excluding any payment towards any development fees or donation or payment of a similar nature) whether at the time of admission or thereafter to any university, college, school or other educational institutions within India for the purpose of full-time education of any two children of an individual. The principle requirement for qualifying for deduction under this provision would be that the fee paid should be in the nature of tuition fee. All of the items enumerated by you are essentially not in the nature of tuition fee, and so cannot qualify for deduction.

You may note that the development fee or donation or payments of a similar nature even if they are in the nature of tuition fees will not qualify for the deduction under this Section.

Q.9 Can Mother claim the benefit of tuition fees paid for his son/daughter.

Answer:  Assessee means both mother and father both can take the benefit u/s 80 C for amount paid by them respectively.

Q.10 If a couple have four children, can they both claim fees for two children each?

Answer: Yes ,husband and wife both have a separate limit of two children each ,so they can claim deduction for 2 children each.

Q.11 If a Couple has one child and paid a fees of Rs. 250000  can they both claim tuition fess 150000 each ?

Answer:  yes ,they both can claim deduction for 150000 each subject to they have actually paid same amount. If husband has paid 1.50 lac and wife has paid 1 Lakh then husband can claim 150000 and wife can claim 100000.

Q.12 Ram has paid tuition fees for his child 20000/- in February 2019  relates to period march to June 2019, how much amount he can claim deduction in assessment year 2019-20?

Answer:  He can claim full 20000 Rs in assessment year 2019-20 , as this deduction is available on the basis of payment and it may or may not be related to the period in which it has been paid.

 Q.13 Is Late fees paid with tuition fees is eligible for deduction ?

Answer: No, late fees is not eligible for deduction under 80C.

Conclusion: Understanding Section 80C Deduction is vital for maximizing tax benefits on education expenses. By adhering to the eligibility criteria and knowing the limits, individuals can optimize their financial planning. Frequently asked questions provide clarity on specific scenarios, ensuring taxpayers make informed decisions regarding tuition fees and tax deductions.

EXTRACT OF SECTION 80C

Clause xvii of section 80C

xvii) as tuition fees (excluding any payment towards any development fees or donation or payment of similar nature), whether at the time of admission or thereafter,

(a) to any university, college, school or other educational institution situated within India;

(b) for the purpose of full-time education of any of the persons specified in sub-section (4);

Subsection 4 of Section 80C

“(4) The persons referred to in sub-section (2) shall be the following, namely:

(a) ………………….

(b) …………………..

(c) for the purposes of clause (xvii) of that sub-section, in the case of an individual, any two children of such individual.

(Republished with Amendments)

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590 Comments

  1. Ashok Kumar Modi says:

    Can I claim deduction u/s 80C of Income tax Act, 1961 for amount paid to my son’s school towards Uniform and Books and Stationeries

  2. Satbir Singh Yadav says:

    Sirs I paid tution fee for the wife of my son i.e my daughter in law for FY15-16 and again in Fy16-17.She is doing post graduate course in microbiology called MD from Subharti medical college Meerut recognised by MCI and UGC

  3. Satbir Singh Yadav says:

    Dear Sir Can I claim tax rebate for the tution fee paid for the post graduate course of medicine studying in aprivate medical college recogniged by MCI and UGC..Ihave paid fees in FY15-16 and FY16-17.Please advise me how to claim the rebate.

  4. Satbir Singh Yadav says:

    Dear Sir,
    I have paid tution fee of rs. 6.15 lacs for my daughter in law(Wife of my son)in year 2015 and again in the year 2016 for afull time post graduate course in medicineMD Am I eligible for the deduction under 80c.

  5. m.r.venkatesh says:

    sirs,
    This year I have worked first 6 months as salaried person and later 6 months and i have invested 1.5 lkhs in PPF and tax deducted as per salaried class. I have worked as consultant / professional and they have deducted 10 % of income at source as tax. kindly guide me which ITR FORM I have to use for e-filing my return directly to cpc bangalore.

  6. Rajiv Jain says:

    Refer Circular No.20/2015 dt.02.12.2015 “It is clarified that the amount allowable as tution fees shall include any payment of fee to any university, college, school or other eligible institution in India except the amount representing payment in the nature of development fees or donation or capitation fees or payment of similar nature.

    Accordingly, payment for tutorial fees, computer fees, Term fees are eligible for deduction u/s 80C.

  7. rajni says:

    my aunt have 3 daughters , first is the elder daughter and second two are twins , can they claim tax exemption for 3 children u/s 80c ???????

    plz guide
    thanks

  8. Dr Satish Yadav says:

    hi,
    my son’s tuition fees is 90 thousand for the academic year 2016-17. i am paying it in two installments for example first installment before 31st march 2016 i am paying 45000 and the second installment i am paying on April 30th 2016.
    can i claim deduction under 80C for two financial year ? year ending march 2016 (for I st installment ) and as well as year ending 2017 (for Second Installment)

  9. gaurav says:

    I have taken education loan for my son’s education and tuition fee is paid with the loan amount. Will this tuition fee paid be qualify for deduction u/c 80C??

  10. Vijay Kumar says:

    No sir, but in the wake of queries above, in my view there should be change in law to meet the expenses of dependent siblings also, due to Indian system of caring families.

  11. Vijay Kumar says:

    No sir, only tuition fee qualifies. it specifically mentions tuition fee, examination fee and registration fee has character of of administration nature , thus disqualified.

  12. Vijay Kumar says:

    Same as above, No Hindu no muslim, all are Indian or say humans. However Salam to your jajba !!! You will get benefit maximum of two children in a year on paid basis, section does not specify that the children should be your biological children.

  13. Rishabh Shah says:

    Hello, I am paying fees of my brother’s education, and I don’t have father. He is dependent on me. so, Can i get the deduction of his fees from tax ? I have paid his fees by Cash.

  14. George Varghese says:

    Dear Mr. CA Sandeep Kanoi,
    I shall be very grateful to you, if you could reply on my below question.
    I have been paying tution fees of my daughter in March for the Academic year 16-17. As per above we can consider this amount for tax exemption of year 16-17. Please suggest.

  15. rakesh says:

    Dear Sandeep

    in case tution fees is paid in advance then deduction will be available on payment basis or in year of expense? e.g. Fees paid in March 2016 for FY 16-17 of Rs. 1 lacs then deduction will be allowed in FY 15-16 or FY 16-17? Please clarify.

  16. TAHER says:

    Suppose my expenditure on child’s education is Rs.60000. My employer reimbursed me Rs.20000 as children education allowance. What will be the tax implication? Will Rs. 60000 come under 80C?

  17. Rajesh Nehra says:

    currently i m a central govt. employee and i want to rebate of income tax through Children education allowance can i do and how much rebate for me in this circumstances ?

    sir i requested to share the ans if any one have , on my e-mail id i.e. [email protected]

  18. chadra shekhar says:

    Yes kidly tell me that i have one son and studying class 8th, its addmission fee is rs
    20000,but tution fees are 25000,therefore how i will submit under 80c. Both fees are may posible under 80c.

  19. r l singh says:

    if anyone is taking the benefit of children allowance i e 100*12=1200 yearly and deduted this amount in gross salary,can he take the benefit of tution fee paid by him under 80c,
    i mean to say that if anyone is eligible for both benefit u/s 10/(14)(ii) and u/s 80c

  20. Naidu d says:

    i have a own sister, she is studying btech. i am paying her college fees. and i have a one more sister(Not a own sister) , and i am paying school fees for her daughter. Kindly let me know can i show those details in this tax savings.

  21. awinash says:

    Being Hindu, if i am paying School Fees of two Muslim Childs, can I claim deduction of such fees paid? I whose name the School Fees Receipt is required to be? Please guide/reply.

  22. D N Mohanty says:

    My Son is studying in IIT. Fee Head Description shows fees paid towards Tuition Fee, Examination Fee and Registration Fee along with other fee structures. Can I claim deduction against Examination and Registration Fees?

  23. bhoopendra pratap singh says:

    dear sir i am central Govt employee my full family dependent me. My younger brother & sister college fees for regular course deduction for tax please reply

  24. N Malviya says:

    I have already exhausted my 80C limit for the year through PF/Home loan principal etc, can i still get additional deduction for tuition fee paid for my child’s education.

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