CBDT issued guidelines under clause (10D) Section 10 of IT Act, 1961



Quick Summary
The Central Board of Direct Taxes (CBDT) has issued new guidelines clarifying the tax exemption for Unit Linked Insurance Policies (ULIPs) under Section 10(10D) of the Income Tax Act, 1961. These guidelines explain how to determine the tax status of ULIP receipts. Crucially, ULIPs with an aggregate annual premium exceeding £250,000 will now be subject to capital gains tax on maturity or withdrawal, including any bonus amounts.

CBDT issued Guidelines on Income Tax Exemption for Unit Linked Insurance Policies (ULIP) Receipts under Section 10(10D) vide a Circular 2/2022 dated 19/01/2022. This circular explains the methodology to find out the tax exemption status of ULIPs. Section 10(10D) of the Income Tax Act, 1961 provides for income-tax exemption on the sum received under a life insurance policy, including any sum allocated by way of bonus on such policy subject to certain exclusions. The current article briefs the Guidelines under Section 10(10D) of the Income Tax Act.

ULIP Tax Exemption: New CBDT Guidelines Explained

Highlights of CBDT Guidelines

CBDT clarified that receipts from ULIPs, on maturity/ withdrawal including towards bonus, shall be subject to capital gains tax in the case of policies with an annual premium above Rs. 250,000.

  • The old ULIPs which were bought before February 1, 2021, were considered to be exempted,
  • The latest CBDT circular states that for exemption the aggregate premium of both new as well as old ULIP will be considered and if the amount exceeds Rs 2.5 lakh then this exemption will not be available for the new ULIP exceeding Rs 2.5 lakh of premium.

Click here to read the official notification

FAQ :

Section 10(10D) of the Income Tax Act, 1961, provides for income-tax exemption on sums received under a life insurance policy, including bonuses, subject to certain conditions.

The CBDT has issued guidelines clarifying that receipts from ULIPs, including maturity, withdrawal, and bonus amounts, will be subject to capital gains tax if the annual premium exceeds £250,000.

For exemption purposes, the aggregate premium of both new and old ULIPs will be considered. If this total exceeds £250,000, the exemption will not be available for the portion of the new ULIP exceeding £250,000 in premium.

Old ULIPs purchased before February 1, 2021, were generally considered to be exempted.

The main change is that ULIPs with an annual premium above £250,000 will now be subject to capital gains tax, affecting maturity and withdrawal receipts, including bonuses.




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