Insurance Exp.

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 December 2010 Dear,

If any private company provide life insurance benefit to directors. Means life insurance premium paid by company.
weather this expense is allowable under Income Tax Act from the view point of company? and Is it taxable in the hand of Director?

CA Shailesh Kumar Bhagat

CA Shailesh Kumar Bhagat (Expert)
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21 December 2010 Exp is allowable for company and taxable for directors.

Querist : Anonymous

Querist : Anonymous (Querist)

21 December 2010 If it is taxable to director than which amount PREMIUM amount or SURRENDER Value?

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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01 August 2024 When a private company provides life insurance benefits to its directors, the tax treatment for both the company and the directors involves several considerations under the Income Tax Act of India:

### **For the Company:**

1. **Allowability of Expense:**
- **Deductibility:** Premiums paid by the company for life insurance policies on behalf of its directors are generally allowed as a business expense under Section 37(1) of the Income Tax Act, provided they are incurred wholly and exclusively for the purpose of the company's business.
- **Conditions:** The company should ensure that the premiums are for policies related to the business interests of the company or are part of an executive compensation package. If the insurance is not directly related to business purposes, it may not be allowed.

2. **Accounting Treatment:**
- **Expense Recognition:** The premium paid should be recorded as an expense in the company's profit and loss account.

### **For the Director:**

1. **Taxability of Premiums Paid:**
- **Taxable Perquisite:** Premiums paid by the company for the life insurance of its directors are considered a perquisite and are taxable in the hands of the directors under the head "Salaries" as per Section 17(2) of the Income Tax Act.
- **Value to be Taxed:** The value of the perquisite is typically the premium amount paid by the company, not the surrender value of the policy.

2. **Calculation of Taxable Perquisite:**
- **Premium Amount:** The premium amount paid by the company is considered as a taxable perquisite and must be included in the director's income.
- **Surrender Value:** The surrender value of the policy does not come into play for the purpose of calculating the taxable perquisite. However, if the policy is surrendered, any amount received upon surrender may have tax implications based on the nature of the policy and the terms of the surrender.

### **Summary:**

- **For the Company:** Premiums paid for life insurance policies for directors are deductible as a business expense if they are for business purposes.
- **For the Director:** The premiums paid by the company are taxable as a perquisite under "Salaries" and must be included in the director’s taxable income. The surrender value of the policy is not considered for the perquisite calculation.

It is advisable for both the company and the directors to maintain proper documentation and consult with a tax advisor to ensure compliance with all tax regulations and accurate reporting.

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