Impact of closure of investment in gratuity fund

Dear Sir,

Thanks in Advance.

Query,

The pvt ltd company is having LIC policy as investment for gratuity fund in which amount of premium are deposited through seperate bank account as trust account linked to this investment account.  in order to pay gratuity to its employees as and when due from such fund. 

Now company wants to close this policy in current FY, but there are some key factors which are as below ,

1. What will be the impact on benefits of LIC, is there any loss to the company?

2. What will be the impact on Trust Account?

3. What will be the impact in Income Tax?

Replies (1)

Hi Nitesh,

Thanks for your question on the closure of an LIC policy linked to a gratuity fund. Here’s a detailed analysis of the tax and accounting implications:


1. Impact on Benefits of LIC / Loss to the Company

  • The LIC policy is typically a gratuity fund investment, where premiums are paid regularly and the fund accumulates to pay gratuity liabilities.

  • If the policy is closed prematurely:

    • Surrender value will be received from LIC, which may be less than the total premiums paid plus accrued benefits, depending on the policy terms and duration.

    • There could be loss of future interest and risk cover benefits (like insurance cover linked with the policy).

    • The company may lose the assured return or guaranteed benefits if any.

  • Financial loss depends on the surrender value vs premiums paid.


2. Impact on Trust Account

  • The gratuity fund is managed through a separate trust account.

  • On closure:

    • The trust will receive the surrender proceeds from LIC.

    • The trust needs to properly account for this amount and use it to discharge gratuity liabilities.

    • Any shortfall or surplus in the trust account (compared to actuarial liability) should be adjusted accordingly.

  • The trust continues to exist until all gratuity liabilities are settled.


3. Impact on Income Tax

  • For the Company:

    • Premiums paid to LIC as part of gratuity fund are allowed as business expense under section 37.

    • On closure, the surrender value received is taxable as income to the company under “Income from other sources” (if the company is the owner of the policy).

    • However, if the trust is the owner of the policy, the surrender proceeds accrue to the trust and not the company directly.

  • For the Gratuity Trust:

    • The trust is exempt under section 10(23FB) if it fulfills conditions under section 17(2) of the Gratuity Act.

    • The surrender proceeds received by the trust are not taxable if used for discharge of gratuity liabilities.

    • If the surrender value exceeds the liability, the excess may be taxable unless properly accounted.

  • Employee Tax Impact:

    • Gratuity paid to employees as per the Payment of Gratuity Act is exempt under section 10(10).

  • Other Considerations:

    • If the gratuity fund is recognized and following provisions of the Income Tax Act, any surplus or deficit in fund needs actuarial valuation and adjustment.


Summary Table

Aspect Impact
LIC Policy Closure Possible financial loss on surrender value
Trust Account Receives surrender proceeds, adjusts liabilities
Income Tax (Company) Surrender value taxable as income if policy owned by company
Income Tax (Trust) Exempt if used for gratuity payments, else taxable on surplus
Employees Gratuity payments exempt under section 10(10)

Recommendations:

  • Consult with LIC to understand exact surrender value and terms.

  • Review actuarial valuation to assess gratuity liabilities vs fund balance.

  • Maintain proper documentation and accounting for surrender proceeds.

  • Consult your tax advisor before closure to optimize tax impact and compliance.

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