CA Subhash Srinivasan
DEDUCTION U/s 80E
1. Conditions :
2. Deduction: Amount paid as interest is available for deduction. Entire Interest amount is allowed as deduction. Repayment of Principal amount is not allowable as deduction. The deduction is available for a total of eight years or till the principal and interest amount have been repaid, whichever comes earlier. This eight years would include the year in which the loan repayment starts and seven years following this year. So even if your loan tenure exceeds these eight years, no deductions can be claimed beyond this.
3. Note : Deduction ll not be available if the repayment is not made out of income chargeable to tax. The loan should be taken for the sole purpose of higher education. It could either be for the individual, spouse or children. Loans for the higher education of siblings, in-laws, nephew or niece, will not qualify for any deduction. Also, from assessment year 2010-11, deduction could be claimed for the student for whom the individual or assessee is the legal guardian.
4. The education loan should be taken from either a financial institution or an approved charitable trust. Loans taken from friends, employer or relatives do not qualify for a deduction.
5. Interest should have been paid on loan taken by him from any financial institution or any approved charitable institution for the purpose of pursuing his higher education. Interest on Loan taken from relatives or friends will not be eligible for deduction under section 80E.
6. Higher Studies : (W.e.f. A.Y. 2010-11) additional fields of studies (including vocational studies) pursued after passing the Senior Secondary Examination or its equivalent from any school, Board or University recognised by the Central or State Government will also be covered under deduction in respect of interest paid on loan taken for higher education.
Loan must be taken for the purpose of pursuing higher studies of Individual , Spouse, Children of Individual or of the student of whom individual is legal Guardian. Higher studies means full-time studies for any graduate or post-graduate course in engineering, medicine, management or for post-graduate course in applied sciences or pure sciences including mathematics and statistics;.
DEDUTION U/s 80C – Tution Fees
i) The deduction is available to Individual Assessee and not for HUF.
ii) The Deduction is available for any two children.
Comparison / Tax planning: From the above its very clear that 80E is for repayment of Interest which can be claimed within 8 years. U/s 80C Deduction is for payment of tution fee for their children. It’s clearly evident that the benefit under section 80E is over and above the tax benefits under section 80C. So if you have utilized your limit under section 80C, this could be a further opportunity to reduce your tax outgo, provided you have to pay the loan fully within 8 years
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(Article Was First published on 20.03.2012)