Life insurance policies provide both protection and investment returns. However, in some cases, the maturity or surrender proceeds of a policy attract Tax Deducted at Source (TDS) under Section 194DA of the Income Tax Act .
This section ensures that taxpayers who receive non-exempt insurance proceeds pay the correct tax on their earnings. Here’s a complete guide to its applicability, exemptions, rates, and compliance rules.
Section 194DA applies when an insurer pays any sum under a life-insurance policy to a resident individual and the proceeds are not exempt under Section 10(10D).
Death benefits are completely exempt.
TDS liability depends on the nature of payout.
If the policy doesn’t meet Section 10(10D) conditions (e.g., premium > 10 % of sum assured), the maturity proceeds are taxable. TDS @ 5 % is deducted on the income portion.
If a policyholder surrenders a policy before maturity, the surrender value may also attract TDS if not exempt and above ₹1 lakh.
All death-related payouts to nominees are fully exempt from tax. No TDS is deducted.
Particulars | Details |
---|---|
Applicable when | Payment exceeds ₹1,00,000 in a financial year and is not exempt under 10(10D) |
TDS Rate | 5% on income portion (payout – premiums paid) |
If PAN not furnished | 20% |
Applicable to | Resident individuals (not companies or non-residents) |
Effective Date | 1 September 2019 (amendment clarified deduction on income component only) |
Example: If total maturity amount = ₹5 lakh and premiums paid = ₹4 lakh → taxable income = ₹1 lakh → TDS @ 5 % = ₹5,000.
Policy Issued On/After | Condition for Exemption | Premium Cap (percentage of Sum Assured) |
---|---|---|
1 Apr 2003 – 31 Mar 2012 | Premium ≤ 20% of Sum Assured | 20% |
On/After 1 Apr 2012 | Premium ≤ 10% of Sum Assured | 10% |
On/After 1 Apr 2013 (for disabled / specified disease individuals) | Premium ≤ 15% of Sum Assured | 15% |
If the policy fails these limits, the maturity or surrender amount becomes taxable and Section 194DA applies.
Basis | Section 194D | Section 194DA |
---|---|---|
Nature of Payment | Commission to insurance agents | Maturity or surrender payouts to policyholders |
Who Deducts TDS | Insurance company on agent’s commission | Insurer on payouts to policyholder |
Threshold Limit | ₹15,000 per FY | ₹1,00,000 per FY |
TDS Rate | 5% (10% if no PAN) | 5% on income portion (20% if no PAN) |
Recipient | Agent / intermediary | Policyholder |
Applicable Law Section | Chapter XVII – 194D | Chapter XVII – 194DA |
Step | Activity | Description |
---|---|---|
1 | Collect PAN | Obtain and verify policyholder’s PAN before payout. If not provided → deduct @ 20%. |
2 | Calculate Income Portion | Payout – total premiums paid = taxable income for TDS @ 5%. |
3 | Deposit TDS | Deposit by 7th of next month (30 April for March payouts). |
4 | File TDS Return | Quarterly filing in Form 26Q via TRACES portal. |
5 | Issue TDS Certificate | Form 16A within 15 days after return due date. |
Proper documentation is critical to substantiate compliance during audits.
Nature of Default | Interest / Penalty Leviable | Description |
---|---|---|
Late Deduction of TDS | Interest @ 1% per month | From date tax was deductible till actual deduction |
Late Deposit of TDS | Interest @ 1.5% per month | From deduction date till deposit date |
Late Filing of Return (234E) | ₹200 per day | Capped to amount of TDS |
Incorrect / Non-Filing (271H) | ₹10,000 – ₹1 lakh | For false or delayed return submission |
Section 194DA plays an important role in ensuring fair taxation on life-insurance proceeds that don’t meet exemption conditions under Section 10(10D).
For insurers and taxpayers alike, understanding these provisions helps avoid unnecessary deductions, interest, or penalties while ensuring transparent tax reporting.
It mandates TDS @ 5 % on income from life-insurance policies not exempt under 10(10D) when payouts exceed ₹1 lakh.
Yes, if the policy doesn’t qualify for 10(10D) exemption and the payout exceeds ₹1 lakh.
Yes, death benefits are fully exempt under 10(10D) and attract no TDS.
5 % on income component (payout – premiums paid) or 20 % if no PAN provided.
Section 194D applies to commission payments to insurance agents; Section 194DA applies to policyholders receiving maturity or surrender proceeds.