Deductions from Gross Total Income

1. Are there any deductions available to NRI as per the Act?

Ans.

As per the Act, there are certain deductions available to NRI from certain taxable incomes (income on which such deductions are not available are covered below) for certain payments made, thereby reducing the Income-tax liability, which are tabulated herein under.

Please note that these list of deductions are illustrative and not an exhaustive and includes only those deductions which are generally available to NRIs in India.

Section

Eligible Persons for claiming Deductions

Eligible Payments

Permissible Deductions / Conditions

80C

Individual and HUF

Contribution to PPF, Payment of LIC premium, etc.
Sums paid or deposited in the previous year
 
a.    Life insurance premium
 
b.    Sum paid under a contract for deferred annuity (however, contract should not contain an option to receive cash payment in lieu of annuity)
 
c.    Contribution to Public Provident
Fund (PPF)
 
d.    Contribution for participation in Unit Linked Insurance Plan (ULIP) of LIC Mutual Fund and ULIP of UTI
 
For a to d above, payment can be made by individual for himself/herself, spouse and children and by HUF for any member of HUF
 
e.    Annuity Plan of LIC or any other insurer as notified by Central Government (New Jeevan Dhara/New Jeevan Dhara-I/New Jeevan Akshay/New Jeevan Akshay-I/New Jeevan Akshay-II/Jeewan Akshay-III/Jeevan Akshay -VI/Jeevan Akshay-VII plan of LIC /Immediate Annuity Plan of ICICI Prudential Life Insurance Company Limited/ TATA AIG Easy retire Annuity Plan of TATA AIG Life Insurance Company Limited) 
 
f.     Investment in Equity Linked Savings Scheme
 
g.    Contribution to notified pension funds set up by any Mutual fund or administrator or specified company as notified by Central Government (UTI Retirement Benefit Pension Fund/ Reliance Retirement Fund Set up by Reliance Mutual Fund/ HDFC retirement Savings Fund set up by HDFC Mutual Fund)
 
h.    Subscription to notified deposit scheme or notified pension fund set up by National housing Bank [National Housing Banks (Tax Saving) Term Deposit Scheme, 2008]
 
i.     Subscription to notified schemes of (a) public sector companies engaged in providing long-term finance for purchase/construction of houses in India for residential purposes (Public Deposit Scheme of Housing and Urban Development Corporation Limited) /(b) authority constituted under any law for satisfying need for housing accommodation or for planning, development or improvement of cities, towns and villages, or for both
 
j.     Payment of any tuition fees to any university, college, school, other educational institution situated within India for the purpose of full-time education by an individual, for any 2 children of such individual (excluding payment for development fees/ donation/ payment of similar nature).
 
k.    Principal Repayment of amount borrowed for loan taken for purchase or construction of residential house property, under any self-financing scheme/other scheme of any development authority/housing board/ other authority engaged in construction and sale of house property on ownership basis, from Central / State Government, any bank including co-operative bank, LIC, National Housing bank etc. (but does not include repayment of loan taken from friends / relatives)
 
l.     Payment of stamp duty, registration fee and other expenses for the purpose of transfer of such house property to the individual or HUF (but does not include admission fee, cost of share, Initial deposit required to be paid for becoming a shareholder or member of co-operative society and cost of any addition/ alteration/ renovation/ repair carried out after issue of completion certificate or after the house property is occupied or let-out, any deduction allowable under House Property etc.)
 
m.  Subscription to equity shares or debentures forming part of any approved eligible issue of capital made by a public company or public financial institutions and the entire proceeds are utilized wholly and exclusively for any business engaged in infrastructure facility, telecommunication services, etc. 
 
n.    Subscription to any units of any approved mutual fund of subscription to such units is subscribed only in 'eligible issue of capital' made by a public company or public financial institutions and the entire proceeds are utilized wholly and exclusively for any business engaged in infrastructure facility, etc.
 

o.    Investment in Fixed Deposits with a maturity period of 5 years or more with a scheduled bank or Post office in India etc.

 
Rs. 1,50,000

(Maximum      permissible deduction)

80CCC

Individual

Contribution to certain pension funds

Any amount paid or deposited to keep in force a contract for any annuity plan of LIC of India or any other insurer for receiving pension from the fund.

Maximum permissible deduction Rs. 1,50,000/-

80CCD (1)

Individual

Contribution to pension scheme notified by Central Government

Any amount paid/deposited in his a/c under such Pension Scheme shall be allowed as deduction

Maximum of –20% of Gross Total Income in relevant FY

80 CCE

 

 

Aggregate amount of deduction under Section 80C, 80CCC and 80CCD(1) shall not exceed Rs. 1,50,000/-

80CCD (1B)

Individual

Contribution to pension scheme of Central Government / National Pension Scheme
Any amount paid or deposited in an account under Pension Scheme notified or as may be notified by the Central Government.

Not allowed for same payment for which Section 80CCD (1) above is availed.

 
 
 

Maximum Rs. 50,000. The same is allowed in addition to deduction allowed under Section 80CCD(1)

80D

Individual and HUF

Health Insurance Premium

a.    Any premium paid or contribution made to Central Government Health Scheme or such other scheme as notified by Central Government, otherwise than by way of cash, to keep in force an insurance on the health of:
In case of individual- Self, spouse and dependent children
In case of HUF- Family member
 
 
b.    Payment, including cash payment, for preventive health check-up of himself/herself.
 
 
 
 
 
c.    Any premium paid, otherwise than by way of cash, to keep in force insurance on the health of parents, whether or not dependent on the individual.
 
 
 
 
 
 
 
d.    Payment, including cash payment, for preventive health checkup of parents
 
 
 
e.    Any amount paid on account of medical expenditure otherwise than by way of cash, incurred on the health of self/spouse/parents who is a senior citizen and who is a resident of India and no payment has been made to keep in force an insurance on the health of such persons
 

f.     If the premium paid as mentioned in Points (a), (b), (c) and (d) above is paid in lump sum covering more than 1 FY, then deduction in the relevant FY shall be eligible only to the extent allowed for 1 FY.

 
 


Maximum Rs.25,000 (Rs.50,000 in case individual or his/her spouse is a        senior citizen and a resident in India).



 
 
Maximum Rs.5,000 (subject to overall limit of Rs.25,000/ 50,000)



   


Maximum Rs.    25,000 (Rs.50,000, in case either or both of the parents are Senior Citizen and a resident in India)



 




Maximum Rs.5,000 (subject to overall limit of Rs.25,000/ 50,000)



 
 


Maximum Rs. 50,000/-



 
 


i.e. Amount paid in lump sum in current FY * 1 year/ Total years for which the payment is made

80E

Individuals

Interest on loan taken for higher education
 
Interest on loan should be taken from any financial institution or approved charitable institution.
 

Such loan is taken for pursuing his/her  higher education or higher education of his or her relative i.e., spouse or children of the individual or student for whom such individual is a legal guardian.

The deduction is available for interest payment in the initial year i.e. year of commencement of interest payment and seven years immediately succeeding the initial year
or

Until the interest is paid in full by the individual, whichever is earlier

80G

All persons

Donation to certain funds, charitable institution etc.
For example: Prime minister’s National Relief fund,
Prime minister’s Drought Relief fund,
National Children’s fund, PM cares fund,
Government or any approved local authority, institution for promotion of family planning certain funds/ institutions etc.
Qualifying amount is calculated as follows:
Step 1: Compute adjusted total income, i.e., the gross total income as reduced by the following:

 

There are four categories of deduction: No deduction shall be allowed in excess of Rs. 2,000 if paid in cash:

 

a

100% deduction of amount donated without any qualifying limit

b

50% deduction of amount donated without any qualifying limit

a.

Deductions under chapter VI-A of the Act except under section 80G

c

100% deduction of amount donated subject  to qualifying limit

b.

STCG

taxable u/s 111A

c.

LTCG

taxable  u/s 112

d

50% deduction of amount donated subject to qualifying limit

Step 2: Calculate 10% of adjusted total income.
Step 3: Calculate the actual donation which is subject to qualifying limit
Step 4: Lower of step 2 or step 3 is the maximum permissible deduction.

Step 5: The said deduction is given first for donations qualifying for 100% deduction and thereafter the balance for donations qualifying for 50% deduction.

80GGC

Individual

Sum contributed to political party/ electoral trust

Deduction will not be allowed if sum is contributed in cash.

 

80TTA

Individual or HUF

Interest on deposits in Saving a/c

Any income by way of  interest on deposits in a savings a/c with a bank, a co-operative society or a post office (not  being time deposits, which are repayable on expiry of fixed periods)

Actual interest subject to maximum Rs. 10,000.

2. Which are the income for which deduction referred in above is not available?

Ans.

The above mentioned deductions are not available for the following mentioned incomes. Please note that these are illustrative and not an exhaustive list and includes only those incomes which are generally applicable to NRIs in India:

 

a. Short-term capital gains

b. Long-term capital gains

c. Income offered to tax under Special provisions applicable to NRIs (refer FAQs on "Special Provisions Relating to Taxation of Income of Non-Resident Indians”)

d. Dividend income, Royalty and technical fees of NRI offered to tax under Special provisions under Section 115A.

e. Income offered to tax under New Tax regime

3. Can NRIs hold PPF in India?

Ans.

Yes. If the said PPF account was opened by NRI while he/she was a resident of India, they can continue to hold such account till maturity. However, they cannot renew and/or open new PPF.

4. A NRI pays LIC premium of Rs. 90,000 and also he contributes in PPF for Rs. 70,000. Further, he also contributes in National Pension Scheme (NPS) of Rs. 45,000 then what shall be his eligible deduction?

Ans.

Computation of Eligible deduction

Particulars

Rs.

Rs.

LIC Premium paid

90,000

 

Contribution to PPF

70,000

 

Total

1,60,000

 

Deduction limited to Rs.  1,50,000

 

1,50,000

Deduction of Contribution in NPS

45,000

45,000

Total Deduction to be claimed

 

1,95,000


5. A NRI has made following investments/payments during FY 2023-24: Particulars Amount Contribution to PPF 1,10,000 Payment of tuition fees for son's education (Institution situated in India) 45,000 Repayment of principal amount of housing loan taken from bank 25,000 Contribution to approved pension fund of LIC 1,05,000 What shall be his eligible deduction?

Ans.

Particulars

 Amount

Deduction under section 80C:

 

-Contribution to PPF

 1,10,000.00

-Payment of tuition fees for son's education (Institution situated in India)

   45,000.00

-Repayment of principal amount of housing loan taken from bank

    25,000.00

 

1,80,000.00

Restricted to Rs. 1,50,000/-, being the maximum permissible deduction under section 80C (A)

 1,50,000.00

Deduction under section 80CCC:

 

-Contribution to approved pension fund of LIC (B)

1,05,000.00

Total deduction to be claimed (A+B)

2,55,000.00

As per Section 80CCE, the aggregate deduction under Section 80C, 80CCC and 80CCD (1) has to be restricted to Rs. 1,50,000

 

Deduction allowable

1,50,000.00


6. A NRI makes payment of insurance premium to keep in force the health for self, wife and dependent children of Rs. 28,000 and also makes payment for health insurance premium for parents (aged over 80 years and resident of India) of Rs. 52,000, What shall be his eligible deduction under Chapter VI-A of the Act?

Ans.

Particulars

Rs.

Rs.

Payment of health insurance premium Rs. 28,000 for self, wife and dependent children. Deduction limited to RS. 25,000

25,000

 

Payment of health insurance premium Rs. 52,000 for Resident senior citizen parents. Deduction limited to Rs. 50,000

 

50,000

 

Eligible deduction

 

75,000


7. A NRI makes the following payments: (i) Stamp duty paid on acquisition of residential house (self-occupied) Rs.50,000 (ii) Five year time deposit in ,an account under Post Office Time Deposit Rules, 1981 Rs. 20,000 and under recurring deposit of Rs. 30,000/- (iii) Donation to a recognized charitable trust Rs. 25,000 which is eligible for deduction under section 80G at the applicable rate. (iv) Interest on loan taken for higher education of spouse paid during the year R

Ans.

Particulars

Rs.

Rs.

Deduction under Sec 80C

Stamp duty paid on acquisition of residential house

 

Five year term deposit with post office

 

50,000

 

 

20,000

70,000

 

Under Sec 80E

Interest on loan taken for higher education of spouse

 

 

10,000

 

Donation under sec 80G

Donation to recognized charitable trust (50% of Rs.25,000)

 

12,500

 

Total deduction

 

92,500


Note: Recurring deposit is not allowable deduction under section 80C.

8. Can an Individual claim both Health Insurance Premium and Medical Bills under Section 80D?

Ans.

No, an Individual can claim only Health Insurance premium. However, one can claim expenses towards Preventive Health Check Up which is included Under Section 80D, i.e. Bills on Health Checkup alone can be included under Section 80D upto Rs. 5,000/- subject to overall limit of Rs. 25,000/-/ Rs. 50,000/- as the case maybe.

9. Mr. A has taken loans from following parties during the year for the purpose of purchase of a Residential House property: Amount (in Rs.) Taken from Repayment during FY 2023-24 Of Principal Of Interest 1,00,000.00 Friend 20,000.00 5,000.00 2,00,000.00 State Bank of India 70,000.00 8,000.00 50,000.00 Relative 30,000.00 - 5,00,000.00 LIC 90,000.00 10,000.00 What shall be his eligible deduction?

Ans.

Particulars

Amount allowed for deduction under Section 80C

Remarks

Loan taken from friend

-

Not allowable

Loan taken from State Bank of India

          70,000.00

 

Loan taken from relative

 -

Not allowable

Loan taken from LIC

          90,000.00

 

Total Deduction to be claimed

        1,60,000.00

 

As per Section 80C only Principal amount of loan repaid is allowed as deduction subject to a maximum limit of Rs. 1,50,000/-

-

 

Deduction allowable

        1,50,000.00

 

Note: Interest on repayment of loan is not allowed as deduction under Section 80C. It is however allowed under Section 24 irrespective of from whom the loan is taken

10. Can all the deductions as mentioned in FAQ 1. above be claimed even when opted to be taxed under New Tax regime?

Ans.

No, under the New Tax regime (as explained in FAQ on ‘Income tax liability in India”) deductions under any of the above mentioned sections are not allowed.

11. Are there any additional conditions which are required to be fulfilled for claiming a deduction for payment made for life insurance premium?

Ans.

Yes. Deduction for payment made for life insurance premium is allowed only to the extent of the below mentioned limits:

 

Insurance policy taken

Premium paid is not in excess of

On or Before 31st March, 2012

20% of actual capital Sum assured*

On or After 1st April 2012

10% of actual capital Sum assured*

 

Any premium made over and above the abovementioned prescribed limits shall not be allowed as deduction.

 

*In calculating actual capital sum assured the below amounts are not included:

-      Value of any premiums agreed to be returned

-      Any benefit by way of bonus or otherwise over and above the actual sum assured received/may be received by any person.

12. Is there any lock-in period for the below investments and what are the tax implications in case the below assets are transferred/withdrawn/terminated before the end of lock-in period: a. LIC policy b. ULIP c. House property d. Post-office e. Equity shares or debentures of approved eligible issue of capital

Ans.

Yes, there is lock-in period. Please note the lock-in period and implications of transferring/ withdrawing/ terminating the assets before the end of lock-in period:

Type of Asset

Lock-in period

Tax Implications if assets are not held till the end of lock-in period

Single Premium LIC

2 years from date of commencement of insurance

Deduction claimed earlier – Disallowed

 

Such deduction shall be deemed to be the income of the Individual/HUF and he/she/HUF shall be liable to pay tax on such income in the year in which contract was terminated or he/she fails to make the payment of premium/contribution

Other cases of LIC

Premiums to be paid for 2 years

ULIP

Contributions to be paid for 5 years

House property

5 years from the end of the financial year in which possession of the said house property is obtained

Deduction claimed earlier – Disallowed

 

Such deduction shall be deemed to be the income of the individual and he/she shall be liable to pay tax on such income in the year in which property was transferred or amount was refunded to him/her

Post office Deposit

5 years from date of deposit

Deduction claimed earlier – Disallowed

 

Such deduction shall be deemed to be the income of the individual and he/she shall be liable to pay tax on such income in the year in which such amount was withdrawn (except interest income if it has already been offered to tax in the previous years).

 

Further, amount received by the nominee or legal heir of the individual including accrued interest which was not offered to tax earlier on death of the individual shall not be liable to tax.

Equity or debentures of approved eligible issue of capital

3 years from date of acquisition i.e. date on which name is entered in the register of members or debenture-holders of public company

Deduction allowed earlier shall be deemed to be the income of the individual in the year in which such sale or transfer took place

 

 

Updated 10/2023