GST on purchase of annuity thru IT recognized Trust Fund

IGST 340 views 1 replies

Employer Co has set up IT recognized Trust Fund to manage superannuation funds, where contribution defined amount lying to the credit of respective employee account in Corpus, is utilized to buy annuity from LIC on retirement. Policy is bought in the name of Master Policy holder with sub account  in employee name.

However, 2% GST is deducted from purchase price.Thus pension value gets reduced.

My query..Fund is duly recognized under Incone Tax Act and its income is tax exempt. Then ad to why during disbursement time, member is sub to GST.

Kindly guide.

Replies (1)

Hey Jayanta!

Your query about GST on annuity purchased through an IT-recognized Trust Fund is interesting and has been a point of discussion for many.


Key Points:

  1. IT-Recognized Trust Fund:

    • The fund managing superannuation is recognized under Income Tax laws.

    • Contributions and income of such funds are usually tax-exempt under Income Tax.

  2. Purchase of Annuity:

    • The Trust uses corpus funds to buy annuity policies from LIC (or other insurers).

    • Annuity policy is in the name of the Master Policy Holder (the Trust), with sub-accounts for employees.

  3. GST charged on annuity purchase:

    • LIC charges 2% GST (Insurance GST) on the premium or purchase price of annuity.

    • This reduces the effective pension value for the member.


Why GST is applicable here despite IT exemption?

  • GST and Income Tax are separate laws with independent scopes.

  • Recognition or tax exemption under Income Tax Act does not automatically exempt supplies under GST.

  • Annuity purchase is considered as supply of insurance services by LIC to the Trust.

  • Since it is a taxable supply, GST at 2% is levied on the premium.

  • The superannuation trust or the member is not exempt from GST just because the trust is IT-recognized.

  • GST is levied on the supply of insurance service by the insurer.


What about GST on disbursement?

  • GST is charged at the time of premium payment to LIC (i.e., purchase of annuity).

  • On disbursement of pension, GST is not separately applicable because that is a payout under annuity contract.

  • The 2% GST on premium reduces the corpus used to buy annuity, effectively reducing pension.


Summary:

Aspect Explanation
Income Tax Recognition Trust is exempt under Income Tax law
GST Applicability GST is applicable on insurance premium (annuity)
GST Rate 2% GST on insurance services
GST impact on pension GST paid upfront reduces pension amount
GST on pension payout No GST on pension disbursement

Possible Workarounds:

  • Unfortunately, GST on insurance premium is mandatory as per law.

  • Employer/Trust may explore negotiating with insurer or structuring contributions for optimal tax efficiency.

  • No current exemption under GST for insurance premium paid by superannuation trusts.



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