Finance Bill 2023: A Right Direction For Life Insurance (2024)

  • PRADEEP TAYAL
  • | Income Tax - Articles
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  • 18 Feb 2023
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PROPOSALS IN FINANCE BILL

(1) Finance Bill 2023 have inserted a new proviso (sixth proviso) to clause (10D) of the section 10 of the Act according to which income from life insurance policy (other than a unit linked insurance policy) will not be exempt if issued on or after the 1st April, 2023, if the amount of premium payable for any of the previous year during the term of such policy exceeds five lakh rupees.

(2) A new proviso (seventh proviso) to clause (10D) of section 10 of the Act have also been inserted to provide that if the premium is payable by a person for more than one life insurance policies (other than unit linked insurance policy), issued on or after the 1st April, 2023, the provisions of this clause shall apply only with respect to those life insurance policies (other than unit linked insurance policies), where the aggregate amount of premium does not exceed five lakh rupees in any of the previous years during the term of any of those policies.

(3) The above provisions shall not apply to any amount received on the death of a person.

(4) Hence, income from such policies will be chargeable to tax under the head “Income from other sources “

EXISTING PROVISIONS

It is to mentioned that Finance Act, 2021, had provided that the sum received under a ULIP (Barring the sum received on death of a person), issued on or after the 01.02.2021 shall not be exempt if the amount of premium payable for any of the previous years during the term of such policy exceeds Rs 2,50,000. It was also provided that if premium is payable for more than one ULIPs, issued on or after the 01.02.2021, the exemption under the said clause shall be available only with respect to such policies where the aggregate premium does not exceed Rs 2,50,000 for any of the previous years during the term of any of the policy. Circular no 02 of 2022 dated 19.01.2022 was issued to explain how the exemption is to be calculated when there is more than one policy.

PURPOSE OF EXEMPTION OF INCOME FROM LIC POLICIES.

It may be pertinent to note that the legislative intent of providing exemption under clause (10D) of section 10 of the Act has been to further the welfare objective by subsidising the risk premium for an individual’s life and providing benefit to small and genuine cases of life insurance coverage.

MISUSE OF EXEMPTION U/S 10(10D)

However, over the years it has been observed that several high-net-worth individuals are misusing the exemption provided under clause (10D) of section 10 of the Act by investing in policies having large premium contributions (as it is acting as an investment policy) and claiming exemption on the sum received under such life insurance policies.

Finance Bill 2023: A Right Direction For Life Insurance (1)

OUR COMMENTS

Basic objective of an insurance policy is to provide insurance cover on the life of an individual to provide security to the family in case of death of the individual. Hence, it is important that insurance cover of maximum amount should be obtained with minimum premium which can be possible if pure insurance plan known as TERM PLAN (in which there is no amount payable to the insurer at the expiry of the insurance term) is taken instead of insurance cum investment plan.

It has been observed that the insurance companies have been more interested in selling insurance cum investment plan than pure insurance plan (term plan) which defeated the purpose of insurance. An individual interested in insurance and investment should buy term plan for insurance purposes and may make investment in debt / equities for investment.

The above provisions in Finance Bill 2023 will discourage individuals to take insurance cum investment plan for persons for paying premium exceeding five lakhs per annum.

Although the finance bill 2023 has come up for premium exceeding five lakhs, however it is suggested that individuals making premium less than rupees five lakhs should not buy insurance cum investment plan rather should buy pure insurance plan ( term plan ) for higher amount of their risk coverage and balance amount may be invested in debt and equities directly or through mutual funds.

BUY PURE INSURANCE PLAN (TERM PLAN)
OBTAIN MAXIMUM COVER ON YOUR LIFE
INVEST SURPLUS FUNDS IN DEBT/ EQUITY
FOR SECURITY OF YOUR FAMILY

YOU DO NOT GET ANY RETURN ON YOUR CAR INSURANCE ?
THAN WHY DO YOU EXPECT ANY RETURN ON YOUR LIFE INSURANC!

Tags: Budget, Budget 2023, insurance act, insurance sector

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Finance Bill 2023: A Right Direction For Life Insurance (2024)

FAQs

Finance Bill 2023: A Right Direction For Life Insurance? ›

2023-S2330B (ACTIVE) - Summary

What is the latest Finance Act? ›

[31st March, 2023.] An Act to give effect to the financial proposals of the Central Government for the financial year 2023-2024. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Finance Act, 2023.

What life insurance can you borrow from tax free? ›

You can take out a loan on a permanent insurance policy, like a whole or universal policy, that has a cash value. The money you borrow isn't taxable, as long as it's equal to or less than the sum of the insurance premiums you have paid. But keep in mind that life insurance companies add interest to the loan.

How do I avoid tax on life insurance proceeds? ›

Using an Ownership Transfer to Avoid Taxation

If you want your life insurance proceeds to avoid federal taxation, you'll need to transfer ownership of your policy to another person or entity.

What are the tax consequences of surrendering a life insurance policy? ›

You won't be taxed on the entire surrender value, though. You'll be taxed on the amount you received minus the policy basis, or the total premium payment you made on the policy. This taxable amount reflects the investment gains that you took out.

What is the minimum tax rate in Nigeria? ›

Minimum tax rate is reduced from 0.5% to 0.25% for any two consecutive accounting periods falling on 1 January 2019 to 31 December 2021, as may be elected by the taxpayer [Section 33 of CITA]. 8.

What is withholding tax charged on in Nigeria? ›

The payments include all aspect of building, construction and related activities, all types of contracts and agency arrangements, other than sales in the ordinary course of business, consulting and professional services, management services, technical services, and commissions.

How soon can you borrow against a life insurance policy? ›

How long does it take to borrow against life insurance? It often takes five to 10 years to accumulate enough cash value to borrow against your life insurance policy. The exact length of time depends on the structure of your policy, including your premiums and rate of return.

What happens if you don't pay back a life insurance loan? ›

When this happens, your beneficiaries lose their inheritance from the life insurance, and you lose the opportunity to use the money again in the future. In addition, if you don't pay the loan back and the amount you borrow reaches the amount of cash value (or exceeds it), you may find yourself owing taxes.

Which type of life insurance can you borrow money from? ›

Life insurance loans are only available on permanent life insurance policies — such as whole life and universal life — that have a cash value component. You likely can't borrow against a term life insurance policy since it probably doesn't have cash value.

Do you have to report life insurance money to the IRS? ›

Generally, life insurance proceeds you receive as a beneficiary due to the death of the insured person, aren't includable in gross income and you don't have to report them. However, any interest you receive is taxable and you should report it as interest received.

How do the rich avoid taxes with life insurance? ›

Whole life insurance can avoid taxes by building cash value. Your cash value savings grow tax-deferred, so you don't owe income tax as long as you leave the money in your account.

Are funeral expenses tax deductible? ›

Individual taxpayers cannot deduct funeral expenses on their tax return. While the IRS allows deductions for medical expenses, funeral costs are not included. Qualified medical expenses must be used to prevent or treat a medical illness or condition.

How much tax will I pay if I cash out my life insurance? ›

In general, a life insurance benefit isn't subject to taxes.

Is it better to surrender or sell a life insurance policy? ›

Selling a whole life insurance policy in a life settlement is a strategy to get far greater returns than a surrender. On average,every $100,000 in life insurance policy value will only gain back $460 in surrender value. This means even a $1 million whole life policy will be surrendered for around $4,600 in cash.

Do you get a 1099 for life insurance surrender? ›

If you own a life insurance policy, the 1099-R could be the result of a taxable event, such as a full surrender, partial withdrawal, loan or dividend transaction. If you own an annuity, the 1099-R could be the result of a full surrender, a partial withdrawal or the transfer of the contract to a new owner.

What is the latest Finance Act in the UK? ›

The Finance Bill 2023-24 became the legally binding Finance Act 2024 on 22 February 2024. As a result, a number of measures take effect from that date.

How do companies pay tax in Nigeria? ›

The tax is payable within two months of an assessment notice from the FIRS. In practice, many companies pay the tax on a self-assessment basis along with their CIT. For companies subject to PPT under the PPTA, tertiary education tax is to be treated as an allowable deduction.

How many Finance Acts are there in Nigeria? ›

The Finance Act (FA) 2023 is the fourth in the series of Finance Acts in Nigeria. The previous government adopted this fiscal policy model after its re-election in 2019 to support the implementation of the annual budget.

What is the corporate income tax rate in Nigeria? ›

Effective 1 January 2020, Nigeria applies differentiated corporate income tax rates as follows: A 30% tax rate applies to large companies (annual turnover of NGN 100 million or more); A reduced tax rate of 20% applies to medium-sized companies (annual turnover over NGN 25 million and less than NGN 100 million); and.

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