Section 194DA

5paisa Research Team

Last Updated: 25 Jun, 2024 03:44 PM IST

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Tax deductions at source (TDS) are also necessary for insurance commission & life insurance premium payments, just like they are for other types of income such as salaries, interest income, & rental income. 
The relevant provisions are Sections 194D & 194DA of Income Tax Act of 1961, respectively. Let's examine these clauses in more detail.
 

What Is Section 194DA?

The Income Tax Act of 1961 contains section on Tax Deducted at Source (TDS) in India, known as 194da of income tax act. It only relates to payments made in connection with life insurance plans. It is crucial to comprehend this section since it requires payer to legally deduct & deposit TDS with government. terms of this section may be violated, with penalties & interest assessed.

Applicability Of Section 194DA

These are requirements to be eligible for deduction under Income Tax Act Section 194DA.

  • The deduction is available for any value received from foreign life insurance provider.
  • You are entitled to deduction if you can provide Form 15G/15H as proof that you are not required to pay taxes on your total income.
  • If sum assured exceeds yearly premium by at least ten times, profits realized upon maturity of insurance policy are tax-free, as per Section 10 (10 D).
  • After policyholder passes away, beneficiary's inheritance is likewise tax-free.

Furthermore, Section 194DA mandates that taxes be withheld from any compensation paid to Indian resident for any reason related to insurance company.

What Is Rate Of TDS Under Section 194DA?

The table with TDS information for Section 194DA TDS is shown below.

Certificate Period Certificate Deadline
From April to June By July 30th 
From July to September  By October 30th 
From October to December By January 30th 

How To Calculate Income Tax Under Section 194DA?

As illustration, let's say Mr. yogesh received ₹ 10,00,000 at policy's maturity after paying premium of ₹ 3,00,000. payer would therefore just have to withhold TDS from net amount of income, which is ₹ 7,00,000. In this case, payer will deduct ₹ 35,000 as TDS (i.e., 5% of ₹ 7,00,000).

Exemptions To TDS Under Section 194DA

The following are exemptions from paying for life insurance coverage under U.S. Sec. 10(10D): 

  • If insured receives amount covered by sections 80DDA(3) & 80DD(3)
  • When policy is issued between April 1, 2003, & March 31, 2012, & premium amount is less than 20% of total insured.
  • If premium amount is less than 10% of total covered & policy is issued on or before April 1, 2012.
  • If insurance is issued on or after April 1, 2012, & premium amount is less than 15% of total covered & individual has handicap as specified by sections 80DDB & 80U.
  • If amount received deviates from Keyaman guidelines.

Please remember that these exemptions do not apply if beneficiary receives money after policyholder passes away.
 

Due Date For Depositing TDS Under Section 194DA

With exception of pay deductions, everyone responsible for handling deductions must ensure that TDS certificates are issued prior to deadline.
The following is schedule for TDS certifications for insurance commissions:

Regarding Non-Governmental Deductions:

Certificate Period Certificate Deadline
From April to June By July 30th 
From July to September  By October 30th 
From October to December By January 30th 
From January to March By May 30th

Penalties For Non-Compliance With Section 194DA

Failing to comply with Section 194 DA may result in fines & interest. Below are repercussions of non-compliance. 

  • Interest: If payers are unable to deposit TDS by deadline, they will be charged interest at rate of 1.5% per month or fraction of month until it is deposited.
  • Penalty for filing TDS return after deadline: If TDS return is not filed by deadline, payer will be penalized Rs. 200 every day until return is filed. 
  • Penalty for false information: If payer submits incorrect TDS return, they may be fined anywhere from Rs. 10,000 to Rs. 1 lakh.
     

Conclusion

Section 194DA of Income Tax Act outlines taxation rules for insurance proceeds. According to this section, when life insurance policy matures, proceeds are subject to TDS (Tax Deducted at Source) if they do not fall under Section 10(10D) exemptions. This means that insurer will deduct certain percentage of tax before paying out maturity amount to policyholder.
The intent behind this provision is to ensure that insurance maturity proceeds, which form part of person’s taxable income, are taxed appropriately. tax deduction applies to sum received from policy, except in cases where payout is exempt under specific conditions laid out in Section 10(10D). Thus, policyholders need to be aware of these rules to understand their taxable income & impact of TDS on their insurance payouts.

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Frequently Asked Questions

Yes, non-residents can claim benefits under Section 194DA.

No specific documentation is required for TDS deduction under Section 194DA.

Policy Loans or Surrenders: Policy loans or surrenders are not subject to TDS under Section 194DA.