banner_ad

Regarding purchase of annuity plan from lic

This query is : Resolved 

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
27 October 2014 Respected All,
I want to purchase one annuity plan from LIC the purchase value is Rs-10,00,000/-
but this Money i can borrow from my friend by making contract on stamp paper that i will refund it to him in 15 years and second thing
is that he will give me a cheque in the name of Life insurance corporation of india of rs-10,00,000/- + service tax of 12.36%, the service tax amount of 12.36% i will refund him immediately by a bearear cheque so please tell me is this transaction is safe by the Income tax Law or i have to get it by some other way please help me out
Thank You.

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
15 November 2014 is there no one to answer my query?

20 July 2025 Here's a detailed take on your proposed transaction from an Income Tax law perspective and some general advice:

Your Proposal Summary:
You want to buy an LIC annuity plan worth ₹10L
The ₹10L is borrowed from a friend via a stamped contract, repayable in 15 years.
Your friend will pay LIC directly by cheque for ₹10L + 12.36% service tax.
You will repay the service tax amount immediately to your friend by bearer cheque.
Key Points and Concerns:
1. Source of Funds & Documentation

Borrowing from a friend with a formal agreement on stamp paper is generally acceptable if properly documented.
Ensure the loan agreement clearly specifies the amount, interest (if any), repayment terms, and signature of both parties.
The loan transaction should be genuine, backed by proper documentation, and the amount should be traceable in bank accounts.
2. Payment to LIC

LIC typically accepts payment via cheque or demand draft from the purchaser or on their behalf.
It is okay if the cheque comes from your friend's account provided the annuity is ultimately in your name.
3. Service Tax Payment

Service tax on insurance premium is generally paid by the insurance company and included in the premium.
If your friend pays ₹10L + 12.36% service tax to LIC, clarify if service tax is separately charged or included.
If you repay service tax amount separately to your friend by bearer cheque, it might raise a red flag for tax authorities, as bearer cheques are less transparent.
It's advisable to make payments via banking instruments like account payee cheque, bank transfer, or demand draft for clear paper trail.
4. Income Tax Considerations

Loan amount is not taxable as income, but interest paid may be scrutinized.
The annuity plan benefits will be taxable as per Income Tax rules on annuity.
If the transaction seems designed primarily to evade tax or hide the source of funds, it may attract scrutiny.
5. Best Practice

Take the loan in writing and repay via proper banking channels.
Make all payments to LIC from your account or via a clearly documented transaction.
Avoid using bearer cheques; always use account payee instruments.
Maintain all documents: loan agreement, bank statements, receipts from LIC.
Summary:
Your plan can be safe if fully documented and transparent.
Avoid bearer cheques; use bank transfers or account payee cheques.
Keep a clear paper trail of loan repayment and insurance payments.
Consult a tax professional or chartered accountant before executing to ensure compliance.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro

Similar Resolved Queries


loading


Unanswered Queries



CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news



Answer Query



Company
Featured 02 May 2026
Senior Executive

hitesh chandwani & co

Pune

B.Com

View Details
Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured ARTICLESHIP 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details