Exemption for insurance amount

Tax planning 195 views 2 replies

Insurance maturity proceeds are exempt u/s 10(10D).  But sub-cluases (c) and (d) restricts exemption to cases where annual premium is less than 10% of capital sum assured.  This exemption is eligible to all assessees irrespective of their residential status.  But TDS u/s 194DA from insurance policy maturity amount applies to residents only.  So no TDS for non residents.  Does it mean that sub-clauses (c) and (d) of Section 10(10D) are not applicable to non residents and they can claim exemption even if the annual premium is not less than 10% of capital sum assured ?  

Thanks in advance.

Replies (2)

No, it is not like that. If there is no TDS then it doesn't mean that the income is not taxable. Section 10 applies here.

However, for non residents, there is section 195 for tax deduction.

Thank you very much.  I agree with your reply.  But LIC of India applies TDS u/s 194DA at 1% instead of at 30% u/s 195 knowing that the policy holder is a non-resident.


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