Clarity on Taxation of ULIPs: Amendments to Section 10(10D) and Capital Gains Tax on Redemption

Bringing clarity in income on redemption of Unit Linked Insurance Policy 

Clause (10D) of section 10 provides for income-tax exemption on the sum received under a life insurance policy, including bonus on such policy. There is a condition that the premium payable for any of the years during the terms of the policy should not exceed ten per cent of the actual capital sum assured. 

2. It may be pertinent to note that to restrict the benefit of exemption under clause (10D) of section 10, to small and genuine cases of life insurance, the Finance Act, 2021, inter alia, made amendments to clause (10D) of section 10 to provide that the exemption under this clause shall not apply with respect to any unit linked insurance policy or policies issued on or after the 01.02.2021, if the amount of premium or aggregate amount of premium payable during the term of such policy or policies exceeds Rs. 2,50,000;  

3. It is noted that ULIP is a capital asset only when the exemption under clause (10D) of section 10 does not apply on such policies on account of the applicability of the 4th and 5th proviso and accordingly, taxation as capital gains in case of only such ULIPs. However, in case of life insurance policy (other than a ULIP), the sum received is chargeable to income-tax under “Income from other sources” for any such policy to which exemption under clause (10D) of section 10 does not apply. 

4. Further, any sum received under an insurance policy as provided in sub-clauses (a) to (d) read with the provisos to clause (10D) to section 10 are not eligible for exemption under clause (10D) of section 10. Such sub-clauses are applicable to unit-linked insurance policy as well.

5. It is, therefore, proposed to rationalise the provisions for unit-linked insurance policies, so as to provide that,– 

(I) ULIPs to which exemption under clause (10D) of section 10 does not apply, is a capital asset  [clause (14) of section 2]; 

(II) the profit and gains from the redemption of ULIPs to which exemption under clause (10D) of  section 10 does not apply, shall be charged to tax as capital gains [sub-section (1B) of section 45]; and 

(III) ULIPs to which exemption under clause (10D) of section 10 does not apply, shall be included in the definition of equity-oriented fund [clause (a) of Explanation to section 112A] 

7. These amendments will take effect from the 1st day of April, 2026 and shall accordingly, apply in relation to the assessment year 2026-27 and subsequent assessment years. 

[Clauses 3, 12 & 22]