• Tax on surrendering a ULIP pension policy

My wife has a pension ulip with zero sum assured, issued in Jan 2008 with a monthly premium of INR 5000. It is maturing in Jan 2026. To avoid annuity, we are thinking of surrendering the policy now. Want to know the tax liability on the surrender amount.
Asked 2 months ago in Income Tax

Since the ULIP was issued before 1 Feb 2021, the old rules under Section 10(10D) apply. However:

  • Because this is a pension ULIP (retirement plan) and not a life insurance policy (sum assured = 0), Section 10(10D) exemption does not apply.

  • On surrender before maturity, the entire surrender value minus total premiums paid is taxable as “Income from Other Sources” in the year of surrender.

  • The insurer will deduct TDS at 5% on the income portion (as per Section 194DA).

Example:
If total premiums paid = ₹10 lakh and surrender value = ₹14 lakh →
Taxable income = ₹4 lakh.
This ₹4 lakh is added to your wife’s income and taxed at her slab rate.

Tip:
If surrendered after maturity and proceeds are used to buy an annuity (as required), the lump sum can be tax-free (up to 60% commuted). Early surrender makes it fully taxable.

Shubham Goyal
CA, Delhi
540 Answers
20 Consultations

If the premium amount has been invested in the equity oriented fund then it would be chargeable to tax under the head capital gain (Section 112A). If the amount invested in equity oriented fund is less than the prescribed minimum percentage then it would be taxable under section 112

 

For detailed discussion you may opt for phone consultation

 

 

Vivek Kumar Arora
CA, Delhi
5072 Answers
1203 Consultations

Only the gain portion (surrender value minus premiums) is taxable, not the entire surrender value as the insurer's statement suggests. 

Given that maturity is imminent, waiting one month to access the Section 10(10A) commutation benefit may result in lower overall tax liability compared to surrendering now. 

 

Shubham Goyal
CA, Delhi
540 Answers
20 Consultations

Please confirm under which section TDS will be deducted. In your case, gain arising from surrender of ULIP would be taxable under the head capital gain

Section 194DA pertains to TDS deduction from payment of life insurance policy where exemption u/s 10(10D) is not applicable. TDS rate is 2% on the amount of income comprised in payment

You can take benefit of Section 10(10A)(iii) subject to fulfillment of the condition mentioned in the clause

 

For detailed discussion you may opt for phone consultation

Vivek Kumar Arora
CA, Delhi
5072 Answers
1203 Consultations

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