ANALYSIS OF SECTION 80C DEDUCTION

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Section 80C deduction is best source of tax planning, which also motivates individuals to save for the future. In the recent Budget 2015, the limit has been enhanced to Rs. 1,50,000/- from Rs. 1,00,000. Section 80C deduction offers large number of options for investments and at the same time saves tax.  Let us take note of the various deductions available under Section 80C deduction.

1. Applicability Individual/HUF, irrespective of residential  status.
2. Conditions a. Investment or contribution should be made inapproved investment schemes.b. The payment need not necessarily be made out of income chargeable   to tax.c.  Deduction shall be allowed only on payment basisnot on accrual basis.
3.  Maximum deduction Maximum amount along with deduction u/s 80CCC and 80CCD(1) or  independently u/s 80C, is restricted to Rs 1,50,000 {sec. 80CCE]
4. Eligible investments See the list below.

Eligible investments u/s 80C

Nature of investment /payment Payment made by individual
1. Life insurance premium [ max. premium deductible = 10% of actual sum (15 % for persons covered u/s 80U / 80DDB)] Self, spouse and child
2. Non- commutable deferred annuity without a provision for cash payment in lieu of deferred annuity.  Self, spouse and child
3. Deferred annuity deducted  from government employee’s salary ( not exceeding  1/5th  of salary ) Self
4. Contribution to statutory or recognized provident fund. Self
5. Contribution to public provident fund- minimum Rs 500 , maximum Rs 1,50,000 per account as per PPF rules. Self, spouse and child
6. Contribution to approved superannuation fund. Self
7. Subscription to  national  saving scheme,1992. Self
8. Subscription to  national saving  certificate ( including  interest accrued) Self
9.Contribution to unit linked  insurance plan of UTI/ LIC and continuous for  minimum period of  5 years. Self, spouse and child
10.Contribution to annuity plans of  insurance companies( jeevan dhara,  jeevan akshay , of LIC ,plans of tata AIG life insurance co, etc) Self, spouse and child
11.Subscription  to  units of  mutual  fund /UTI. Self
12.Contribution to  pension fund of  mutual fund / UTI/ national housing bank. Self
13. Deposits with national housing bank, HUDCO Self
14. Deposits with  a PSU  providing long term finance for purchase/ construction of residential houses in INDIA. Self
15.  Deposits with  notified  housing boards set up under law , for planning, developing and   improvement of cities/ towns / villages. self
16.  Housing loan/cost Self
17.   Tuition fees paid to  university, college , school or education institution located in india  for full time education of children, other than  donation or development fees. Maximum  2 children
18.  Subscription to approved equity shares or debentures  of a public  company or a public financial institution, and the  entire proceeds of the issue is utilized wholly and exclusively for power generation or infrastructure facility company (holding period minimum 3 years) Self
19.  Term deposit  for atleast 5 years with a scheduled bank in accordance with a scheme  framed  and notified NABARD bonds Self
20.   subscription to notified  NABARD bonds Self
21.  Deposit under senior citizen saving scheme rules, 2004 Self
22.  5- year time deposit in an account  under post office deposits rules, 1981 self

Notes:
LIC premium on endowment policies:

  1. Restriction on surrender: the policy should not be surrendered -( i ) within 2 years , in case of single premium policy, or (ii)  before payment of premium for 2 years, in case  of other policies.
  2. Deemed income: in case of non – compliance with the above , the deduction so claimed will be treated as the income of the previous  year  in which deduction was so claimed.

Unit linked insurance plan:

  1. Participation period : the assessee member should not terminate his participation in the ULIP scheme before making  contribution  for 5 years.
  2. Deemed income: if the assessee has  terminated the scheme within 5 years of contribution, then –
  • No deduction shall be allowed in respect of contributions made during the year of termination,
  • The aggregate of deductions  availed earlier in respect  of  the plan shall be deemed to be the income of the  assessee, in the year of termination.

Withdrawals from senior citizen saving scheme  and  5 year term deposits :

  1. Deemed income: if any amount , including accrued interest is withdrawn by the assessee from his account before the expiry of 5 years from the date of its deposits, the amount so withdrawn shall be deemed to be the income of the assessee shall  be  liable to  tax in the year of withdrawal.
  2. Exceptions:
  • Any amount of interest , relating to deposits which has been included in the total income of the assessee of the previous year or in the preceding previous years, and
  • Any amount received by the nominee or legal heir of the asssessee , on the assessee, except interest accrued, which  was not included in the total income of the assessee for the  previous  year  or in the  preceding previous year.

Repayment of housing loan:

  1. Residential purpose: constructed  or purchased  out of loan must be  for residential purposes.
  2. Chargeable under HP: the income from such property should be chargeable under the head “ income from house property” ‘ and includes self – occupied property also.
  3. Restriction on transfer: the assessee transfer  the property within 5 year of construction / acquisition, then-
  • No deduction shall be allowed in respect of payments made during the year of termination,
  • The aggregate of deduction availed earlier in respect of such repayment of instalments shall be deemed to be income of the assessee, in the year of transfer of property.

Cost of purchase / construction of residential  house property
Amount qualifying for deduction

  1. Stamp duty , registration fee and other expenses for transfer of the residential house  property to the assessee.
  2. Installment or part payment of the amount due under any self financing or the other scheme of –
  • Any developing authority,
  • Housing board, or
  • Other authority engaged in the construction and sale of house property on the ownership basis
  1. Installment or part payment of the amount due to any company or co – operative society of which the assessee is a shareholder or a member , towards the cost of the property allotted to the assessee
  2. Repayment of loan borrowed from-
  • Central govt. /state govt.
  • Any bank ,including co-operative bank
  • Life insurance corporation of India
  • National housing bank,
  • Public company formed with the object of providing long term finance for construction/ purchase of residential houses in India,
  • Co- operative societies / companies in which public are substantially interested, engaged in the business of  financing  construction of houses,
  • Assessee’s employer being- i)public company or ii) public sector company  iii) university established by law iv) college affiliated from employer ,being an authority , board or corporation or any other body  established  under central or state act.

Amount not qualifying for deduction

  1. Admission / membership fees : amount paid by a shareholder / member towards admission fee, initial deposit, cost of the share to a company / co-operative society , for becoming a member of such company/society.
  2. Alteration / repair cost: cost of addition / alteration/ renovation/ repairs to house property incurred after
  • Issues of completion certificate in respect of the house property by a local authority  or,
  • The house property has been occupied by the assesse, or
  • The house property has been occupied by any other person on behalf of the assessee
  1. Payment by a non member: installment paid by a non member to a company / co- operative society , towards property allotted to him by such company / co- operative society.
  2. Deduction u/s 24 : expenditure which are allowable u/s 24 , i.e interest on capital borrowed for construction / accquition of house property , including prior period interest.

Note the above information is updated as per Finance Act 2014/ relevant for F.Y 2014-15.