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Be Ready To Pay Tax On Surrender of ULIP or Pension Plan !

I had some Life Insurance Policies with SBI Life ( i)Under their Unit Linked Scheme (ii) Pension Scheme.After continuing for 3 years,I had to surrender the above policies as I needed money. Kindly advise me whether
  1. whether surrender value will be be added to current year’s income and taxable?
  2. whether the value of the Units/ Investments or Profit thereon,purchased by the Insurance Company out of my policy premium and now,sold for effecting my surrender request will be required to be shown separately / added to Income for computing Tax.

Prabhat Dev Mondal , Patna


Your question relates to two types of investments -ULIP and Pension . While the units of ULIP are capital assets under I T Act , pension is not considered capital asset. Therefore , their treatment under I T Act is different. But before you do that it should be seen -what are the schemes under which the people generally invest in these kinds of product.


Unit Linked Insurance Plan (ULIP)

Investment under ULIP is eligible for deduction u/s 80C up to Rs 1 Lakh. Clause 5 of Section 80C states as under

(5) Where, in any
previous year, an assessee

(i) …………

(ii) terminates his participation in any
unit-linked insurance plan
referred to in clause (x) or clause (xi)
of sub-section (2), by notice to that effect or where he ceases to participate
by reason of failure to pay any contribution, by not reviving his participation, before contributions in respect of such participation have been
paid for five years; or

then,

(a) no deduction shall be allowed to the assessee
under sub-section (1) with reference to any of the sums, referred to in clauses(i), (x), (xi) and (xviii) of sub-section (2), paid in such previous year; and

(b) the aggregate amount of the deductions of income so allowed in respect of the previous year or years preceding such previous year, shall be deemed to be the income of the assessee of such previous year and shall be liable to tax in the assessment year relevant to such previous year.

In plain word, if the ULIP is terminated or ceased to be participated by assessee , all the deduction claimed till the year of termination or participation shall be treated as income of the year in which surrender or termination of participation was effected by the assessee.


In your case , you surrendered the scheme within 3 years , therefore , aggregate deduction claimed till last year, will be added to your income as “income from other sources”.

Capital Gains On Units Of ULIP

Since the units were held for more than one year , it is long term asset. In case , STT is deducted by the Mutual Fund company (SBI Life) , any gain shall be tax exempt u/s 10(38) . In case for any reason , STT was not deducted , compute long term capital gains by claiming indexation benefit. In all probability , there will be long term capital loss.


Pension Plan Surrender

Pension plans are approved for deduction u/s 80CCC of the I T Act. In case the pension plan which you subscribed was approved for 80CCC benefits , it is provided in I T Act under 80CCC that the surrender value shall be taxed in the year in which it is surrendered. Therefore, your surrender of pension plan shall be taxed as under
  1. If you claimed deduction u/s 80CCC , then principal value .
  2. Add the bonus or interest credited to you at the time of surrender.

Remember , if you did not claim deduction u/s 80CCC, only bonus or interest shall be added to your total income as income from other source and charged to tax.

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Comments

  1. Anonymous says:

    The response is not only prompt,it is simplified for an ordinary person like me and with all references. I am really thankful to the owner / moderator.
    with regards,
    Prabhat Dev Mondal

  2. Sohil says:

    Why it says ulip amount invested is tax free after 5 years of continuing?

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