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Can annuities/pensions from lic claim standard deduction

Sanjit (not applicable) (117 Points)

21 June 2019

I am a senior citizen earning much of my income from annuities and pensions received from LIC instruments of investment such as Jeevan Akshaya and Pradhan Mantri Vaya Vandana Yojna. Can these be declared under income from salary and have a standard deduction claim as well?

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3 Replies

Suresh Thiyagarajan (Student) (3986 Points)
Replied 22 June 2019

1. According to sec 16(ia) standard deductions to the extent of Rs. 40,000 (FY 2018-19) will be available for Salary income. Now the question is whether pension and annuity received from LIC will be considered as income from Salary.
2. CBDT has released a clarification on 05.04.2018 regarding the applicability of standard deduction to the person receiving pension income. It read as "Accordingly, any taxpayer who is in receipt of a pension from his former employer shall be entitled to claim a deduction of Rs 40,000/- or the amount of pension, whichever is less, under Section 16 of the Act"
3. From the above reading, it is clear that pension income only if it is received from a former employer it can be considered as Salary and standard deduction can be availed.
4. In your case, since you have received a pension from LIC, there exists no employer-employee relationship hence it cannot be considered as salary income and the standard deduction will not be applicable. The same also applies to the annuity.
Please correct me if the above interpretation has an alternative view.

2 Like

Sivaramaraju G (Learner) (2398 Points)
Replied 22 June 2019

simply you can't take standard deduction as there is no employer and employee relationship between you and LIC.

Nirmal Bhansali (61 Points)
Replied 23 June 2019

PSU employees get annuity and pension through life insurance company and EPFO respectively. However, employer remains the PSU he has worked during active years and annuity and pension are paid on behalf of PSU. Therefore, standard deduction available for annuity and pension should be available. Opinion of practicing CA is solicited.