Keyman Insurance Overview for Businesses
Keyman Insurance Overview for Businesses
Covers
Protects from
employee
legal liabilities
related risks
Protects
Protects
organization’s
Key Employees
interests
HDFC Life: For internal training purpose only, not for solicitation.
Types of Business Insurance Solutions
HDFC Life: For internal training purpose only, not for solicitation.
Where will you sell business insurance solutions?
HDFC Life: For internal training purpose only, not for solicitation.
This is a large market for you to tap and succeed
HDFC Life: For internal training purpose only, not for solicitation.
Who is a Keyman?
Keyman is a senior-level
executive whose services
contribute substantially to
the success of the business.
HDFC Life: For internal training purpose only, not for solicitation.
What is Keyman Insurance?
Keyman Insurance compensates with a fixed sum assured as specified in the insurance policy; does not
indemnify against the actual losses incurred.
HDFC Life: For internal training purpose only, not for solicitation.
Examples of untimely demise of high-level executives
HDFC Life: For internal training purpose only, not for solicitation.
How does Keyman Insurance work? (1 of 2)
Working
Premiums
HDFC Life: For internal training purpose only, not for solicitation.
How does Keyman Insurance work? (2 of 2)
Employee
is the life
Conditions:
Employer assured
pays the Keyman need not hold the highest position
premium or any specialized professional qualification
HDFC Life: For internal training purpose only, not for solicitation.
Benefits of Keyman Insurance
The business gets a sum assured when a claim is raised. The sum
assured helps in coping with financial loss, if any
Businesses can save tax, reinvest that amount in own business and
earn more profit
HDFC Life: For internal training purpose only, not for solicitation.
Death Benefit in Keyman Insurance
Business proposes the policy Death Benefit is received by the company and is
on the life of the Keyman, Employee dies treated as income under the head “Profits & Gains
pays the premiums and gets during the policy of Business or Profession” u/s 28(vi) of the Income
the benefit of section 37(1) tenure. Tax Act, 1961. The company may choose to utilize
as revenue expenditure. this amount in two ways.
Scenario 1 Scenario 2
The company makes an ex-gratia Company retains the Death Claim and
payment in the same financial year to utilizes the money for the losses incurred
the widow or legal heir of the Keyman. due to the death of a Key person and
induction of a new key employee.
Note:
HDFC Life will deduct TDS at the
time of paying the death proceeds
HDFC Life: For internal training purpose only, not for solicitation.
Eligibility Criteria
The Keyman should hold less than 25% Proprietary firms / Trusts or Charitable
of the company’s shares. Institutions
The total number of shares held by the Firms where the Keyman holds more
Keyman and family* together should be than 25% shares and where the keyman
less than 75% of the company’s shares. and family holds more than 75% of
shares
HDFC Life: For internal training purpose only, not for solicitation.
Calculation of SA in Keyman Insurance
10 3 5
Times Times Times
HDFC Life: For internal training purpose only, not for solicitation.
Documentation in Keyman Insurance
Annual reports / Business Accounts (Income Tax Returns with Audited Balance Sheet
and Profit & Loss Accounts) of the company of the last 3 years
HDFC Life: For internal training purpose only, not for solicitation.
What if a Keyman resigns and joins another organisation?
The first employer can stop paying the premiums and allow the
policy to lapse.
HDFC Life: For internal training purpose only, not for solicitation.
Products offered under Keyman Insurance
HDFC Life: For internal training purpose only, not for solicitation.
Types of Business Insurance Solutions
HDFC Life: For internal training purpose only, not for solicitation.
What is a Partnership Business?
general partnership
limited partnership
HDFC Life: For internal training purpose only, not for solicitation.
How does Partnership Insurance work?
Conditions:
HDFC Life: For internal training purpose only, not for solicitation.
Benefits of Partnership Insurance
HDFC Life: For internal training purpose only, not for solicitation.
Tax Implications in Partnership Insurance
*Only in the event of partner/s (LA) exiting the firm along with the
consent of all other existing partners and subject to underwriters approval
HDFC Life: For internal training purpose only, not for solicitation.
Rules to Calculate Sum Assured in Partnership Insurance
HDFC Life: For internal training purpose only, not for solicitation.
Eligibility Criteria, Documentation and Conditions
Profitability of the business in the last 3 Partners’ individual Income Tax Allowed only on the lives of the
financial years Returns and Computation of Income partners
Existence of business license from ITR of the firm and audited Profit and Issued in the name of the partnership
appropriate authorities Loss Account Balance Sheet firm only
Existence of Partnership Deed clearly Audited capital account statements of Cannot be assigned to any person
identifying which partner owns how all the partners other than the partners
much share of the business
Partnership supplementary Can be offered to active partners only
questionnaire
All partners will have to apply together.
Copy of Partnership Deed
There is no cap on shareholding
Note: ITR, COI, Balance Sheet: All of the last 3 assessment years.
HDFC Life: For internal training purpose only, not for solicitation.
Products offered under Partnership Insurance
HDFC Life: For internal training purpose only, not for solicitation.
Activity: Compare between Keyman and Partnership Insurance
Objective
Who pays
Beneficiary
Death Benefits
paid to
If Assigned
(subject to U/W)
Types of
Products offered HDFC Life: For internal training purpose only, not for solicitation.
Activity: Compare between Keyman and Partnership Insurance
Tax treatment for a) Premiums paid will be considered as business expense under section 37(1)
Company/Firm b) Death Benefit will be treated as business income under section 28(vi)
If Assigned Death benefits will be taxable in the hands Death benefits will be taxable in the hands of the
(subject to U/W) of the legal heir(s) of the deceased Key man legal heir of the deceased Partner
Types of Full underwriting pure term products Full underwriting pure term products
Products Offered with ADB and Term rider with ADB and Term rider
HDFC Life: For internal training purpose only, not for solicitation.
Types of Business Insurance Solutions
HDFC Life: For internal training purpose only, not for solicitation.
What is Employer Employee Insurance?
Individual Insurance
On Survival On Death
Employee receives Nominee / legal heir of
the maturity benefit the employee is paid the
death benefit
HDFC Life: For internal training purpose only, not for solicitation.
Who is considered to be an Employee?
HDFC Life: For internal training purpose only, not for solicitation.
Which types of companies can opt for Employer Employee schemes?
HDFC Life: For internal training purpose only, not for solicitation.
Types of Employer Employee Schemes
Special conditions:
Lock-in period is defined by the employer at
inception for both the schemes
HDFC Life: For internal training purpose only, not for solicitation.
Benefits of Employer Employee Schemes
To Employer To Employee
Can be used to retain performing and deserving Premiums are paid by the employer - The
employees employee will feel valued
A customizable tool to reward performers and Employer helps the chosen employee in wealth
boost their efficiency and productivity accumulation for future goals
The welfare nature of the scheme will enhance the Reward for an employee (in the form of maturity
image of employer in the minds of employees, and other payouts) because policy shall be
clients and other shareholders assigned in favour of the employee before the start
of any policy benefits
Optimization of taxes**
Financial security for employee’s loved ones (in the
form of death proceeds) in case of untimely death
of the employee
HDFC Life: For internal training purpose only, not for solicitation.
How does Employer-Employee scheme 2 work?
If employee passes
Two likely situations: away within
lock-in period
Survival Death
HDFC Life: For internal training purpose only, not for solicitation.
What is the Tax treatment at every stage of EE scheme 2 ?
EMPLOYER EMPLOYEE
All the premiums paid should be allowed as deduction u/s 37(1) of In EE2, premiums paid by the employer will not be treated as perks for
the Income-tax Act, 1961 the employee and hence no perquisite tax will be applicable
Policy surrendered within lock-in period: Notional surrender value at the time of ownership change will be
treated as income in lieu of salary for the employee and will be taxable
Policy proceeds are paid back to the employer if policy is
surrendered for some reasons within the lock-in period
Survival / Maturity Benefits:
Such policy proceeds will be treated as Business Income under Such policy proceeds will be taxable in the hands of the employee
section 28(vi) and will be liable to be taxed as income from other sources / profits in lieu of salary, for all types
of savings plans
Same treatment for ULIP and Traditional plans
Death Benefit within lock-in period:
Employer can pass on the death benefit to the legal heir of the
deceased employee
Policy ownership changes to the employee post lock-in: Such proceeds received by legal heir of the employee in service as
It is employer’s liability to deduct tax at source u/s 192 of the income gratuitous payment (ex-gratia) from employer will be exempt from tax
tax act on the notional surrender value of the policy in the hands of legal heirs – CBDT Circular 573
Death Benefit post lock-in/assignment:
HDFC Life will deduct TDS and directly pay to the legal heir/nominee.
Such proceeds will be subject to tax in the hands of the legal heirs as
income from other source
HDFC Life: For internal training purpose only, not for solicitation.
How does Long Term Reward Program (LTRP) for Employee work?
If employee
Two likely situations: passes away within
lock-in period
Survival Death
HDFC Life: For internal training purpose only, not for solicitation.
What is the Tax treatment at every stage of LTRP ?
Notional surrender value at the time of assignment will be treated as income in lieu of salary for the employee and will be taxable.
Death Benefit:
Death proceeds will be paid directly to the nominee / legal heir of the employee by HDFC Life under all circumstances
Such proceeds received by legal heir of the employee in service or otherwise will be treated as income from other sources and will be taxable
HDFC Life: For internal training purpose only, not for solicitation.
What types of Products are offered under Employer and Employee schemes ?
FU (Full underwriting) products are considered and LU / DOGH products are not
considered
Health and Group products are not allowed
Immediate income options are not allowed
Joint Life products are not allowed
Children Plan are not allowed
Online only products are not allowed
All Savings / ULIP / Protection products are allowed which are not falling in
above mentioned categories.
All Single Premiums are allowed and any multiple of Sum Assured is allowed
(As per applicability)
HDFC Life: For internal training purpose only, not for solicitation.
What Products are offered under LTRP and EE2 ?
Sanchay Plus
Sanchay Par Advantage (Deferred Income
Option)
Sanchay FMP (Single Life)
Click 2 Achieve (Deferred Income Option) Sampoorna Nivesh
Guaranteed Income Insurance Plan Smart Woman
Assured Gain Plus Classic / Premier / Elite
Traditional Income Advantage ULIP Pro Growth Flexi
Saving Saving
Sampoorna Jeevan (Deferred Income Option) Pro Growth Plus
Plans
Plans Guaranteed Wealth Plus
Pro Growth Super II
Saral Jeevan
Crest (Free Asset Allocation)
Smart Income
Classic One (Single Life)
Uday
Smart Protect Plan
Sampoorn Samridhi Plus
Classic Assure Plus
Super Income Plan
HDFC Life: For internal training purpose only, not for solicitation.
Pension & Deferred Annuity Products are open for LTRP Scheme.
Note the Key Propositions and the Products!
Tax savings for the company Creation of retirement income Product credits equal to savings
through company funds products
Retirement benefits for the
Employees Wealth accumulation for future Customer satisfaction
goals
Quick conversion due to no
Tax free return up to 60% of the underwriting and 24hrs issuance
commutable corpus will be
available u/s 10(10A)(iii)
HDFC Life: For internal training purpose only, not for solicitation.
Important points on Lock-in period
Lock-in
In case of products like, Sanchay Plus, Sanchay Par Period
Advantage and Click 2 Achieve end date of the lock-in period
need to be prior to the 1st pay-out date (survival benefit)
HDFC Life: For internal training purpose only, not for solicitation.
Eligibility Criteria of Employer Employee Scheme
HDFC Life: For internal training purpose only, not for solicitation.
Calculation of Sum Assured Under Employer Employee Scheme
HDFC Life: For internal training purpose only, not for solicitation.
Illustrative examples of LTRP and EE scheme 2
HDFC Life: For internal training purpose only, not for solicitation.
Example 1
LTRP with Systematic Pension Plan as an Option (1/2)
Pension can be sourced under LTRP wherein the Employer purchases a pension plan for the employee.
Mr. Surya, 40, is the Chief of Operations of software firm Great Tech. He has been with the firm for
the past 15 years. The firm wants to give him HDFC Life Systematic Pension Plan under LTRP.
Sum Assured: Rs. 1 crore; Annual Premium: Rs. 10L; PPT: 10 years: Lock-in period: 10 years
Tax @ 27.82% optimised by the employer u/s 37(1) every year 2,78,200
Tax @ 27.82% optimised by the employer u/s 37(1) in 10 years (B) 27,82,000
Note:
The above is an illustrated example without GST, as per prevailing tax laws and may be subject to changes.
• Tax under sec 115BA @ 27.82% = Corporate tax rate @ 25%+ Surcharge @ 7% on income-tax + 4% cess on income-tax
• Perquisite tax will be applicable only on the 1st premium amount for the employee
HDFC Life: For internal training purpose only, not for solicitation.
Example 1
LTRP with Systematic Pension Plan as an Option (2/2)
On 20th policy year, that is on the vesting year, Mr. Surya will have an option to
withdraw up to 60% of the total vesting benefit, i.e., Rs.1,66,67,250 tax free
by availing sec 10(10A) benefit.
12499470
From 21st year onwards, Mr. Surya will get an annuity income from the remaining 40% of
the corpus. This income will be taxable as per the prevailing individual income tax rate
Post Re-assignment
Mr. Amit, age 40 yrs is a top executive of an upcoming business firm. He has been with the firm for the past 12 years.
The firm wants to reward him with HDFC Life Sanchay Plus plan with Long term Income option under LTRP
Annual Premium: Rs.50 Lacs; PPT: 10 years; Payout Term: 30 years; Deferment period: 2 years;
Lock-in period as specified by the employer: 12 years.
*Tax @ 27.82% optimised by the employer u/s 37(1) every year 13,91,000
*Tax @ 27.82% saved by the employer u/s 37(1) in 10 years (B) 1,39,10,000
Note:
The above is an illustrated example without GST, as per prevailing tax laws and may be subject to changes.
• Tax under sec 115BA @ 27.82% = Corporate tax rate @ 25%+ Surcharge @ 7% on income-tax + 4% cess
• Perquisite tax will be applicable only on the 1st premium amount for the employee
HDFC Life: For internal training purpose only, not for solicitation.
Example 2
LTRP with Sanchay Plus Long Term Income as an Option (2/2)
Payouts of Rs.55,37,500 will be paid to the Employee every year for 30 years
Payouts will be taxable in the hands of the employee as per individual income tax
rate
There is a high probability of getting ~ 6% post tax IRR in this illustrative example
HDFC Life: For internal training purpose only, not for solicitation.
Example 3
LTRP with Systematic Retirement Plan as an Option (1/2)
Mr. Mayank Shah, age 45 yrs is a top executive of an upcoming business firm. He has been with the firm for the past 10 years.
The firm wants to reward him with HDFC Life SRP plan under Long Term Reward Program for employee.
Annual Premium: Rs.15 Lacs; PPT: 5 years; Deferment period: 15 years; Plan Option: Life Annuity with return of
purchase price i.e., premiums paid; Lock-in period as specified by the employer at inception: 6 years
*Tax @ 27.82% optimised by the employer u/s 37(1) every year 4,17,300
*Tax @ 27.82% saved by the employer u/s 37(1) in 10 years (B) 20,86,500
Note:
The above is an illustrated example without GST, as per prevailing tax laws and may be subject to changes.
• Tax under sec 115BA @ 27.82% = Corporate tax rate @ 25%+ Surcharge @ 7% on income-tax + 4%
cess on income-tax
• Perquisite tax will be applicable only on the 1st premium amount for the employee
HDFC Life: For internal training purpose only, not for solicitation.
Example 3
LTRP with Systematic Retirement Plan as an Option (2/2)
Employer’s Investment Premium Paid (15L x 5): 75L – 20.87 L (tax optimized)
Rs. 54,13,500 Perquisite tax will be applicable only on the 1st premium
amount for the employee
Survival benefits in the form of Annuity will be paid to the Annuitant (the employee
Mr. Shah) after the end of the deferment period of 15 years
Annuity will be taxable in the hands of the annuitant (employee) as per individual
income tax rate
Please note, policy should be re-assigned back to the employee before the start of
annuity payouts. This is the reason, the lock in period defined by employer should
always be less than the chosen deferment period of the plan
Policy Re-assigned
Savings plan can be sourced under this scheme, wherein Employer purchases a savings plan for the employee.
Ms. Alia, 45, is a senior executive with Spic Laboratories. She has been with the lab for the past 20
years. Her organisation wants to gift her HDFC Life Sanchay Fixed Maturity Plan for her long
service.
Sum Assured: Rs. 34.50L; Annual Premium: Rs. 5L; PPT: 5 years; Lock-in period: 5 years
Tax @ 27.82 % optimised by the employer u/s 37(1) every year 1,39,100
Tax @ 27.82 % optimised by the employer u/s 37(1) in 5 years (B) 6,95,500
Note:
The above is an illustrated example without GST, as per prevailing tax laws and may be subject to changes.
• Tax under sec 115BA @ 27.82% = Corporate tax rate @ 25%+ Surcharge @ 7% on income-tax + 4% cess on
income-tax
• Perquisite tax will NOT be applicable only on the premium amount for the employee
HDFC Life: For internal training purpose only, not for solicitation.
Example 4
EE2 with Sanchay Fixed Maturity Plan as an Option (2/2)
Rs. 47.88 lakhs will be paid to the employee and it will be taxable.
On Maturity Net tax payable will be adjusted with the tax amount if paid at the
time of assignment
1976548
If under exceptional Maturity Benefit of Rs. 47.88 lakhs will be paid to the Employer post
circumstances policy is deducting TDS
not assigned till maturity It will be considered as Business Income and will be taxable
Policy Assigned Rs. 50L is paid to the legal heir of the employee and
will be taxable as income from other sources *Tax paid by the employee is
calculated at approx individual
income tax rate.
HDFC Life: For internal training purpose only, not for solicitation.
Example 5
Power pitch for EE2: Take care of your employees and they will take care
of your business
Mrs. Chandana Seth runs a Interior designing company. She has employed 15 employees. She bought two
products under the Employer Employee scheme 2 (EE2) for her employees. The products are C2P Life and
Sanchay Plus.
. .
HDFC Life: For internal training purpose only, not for solicitation.
Documentation in EE
Note:
Shareholding of the life assured should not exceed 5%. MD / COO approval will be required for cases above share holding of 5%.
*Latest 3 years
HDFC Life: For internal training purpose only, not for solicitation.
Documentation in LTRP
HDFC Life: For internal training purpose only, not for solicitation.
Unedited views of our Tax
Department on EE2 & LTRP
Disclaimer:
The customer should seek advice from his CA
HDFC Life: For internal training purpose only, not for solicitation. or personal tax advisors w.r.t. the tax liabilities.
Important Areas
Employer Employee Scheme 2 (EE2) Long Term Reward Program (LTRP)
of the Schemes
Employer LTRP (Policy is taken by the employee on his life, immediately assigned to the
Employee EE2 (Policy is taken by the employer and assigned to the employee post employer and post completion of lock in period reassigned back to the
completion of lock in period) employee. The beneficiary is the nominee of the employee in case of death of
Lock - In period the employee.)
We understand that there would be an upfront ownership change Immediately upon issuance, the policy is assigned to the employer. Post
Assignment declaration collected, which will come into effect post lock-in and so the completion of the lock-in period the policy is re-assigned to the employee by
ownership changes post lock-in period the employer.
a) The then surrender value received by the employer, if any, will be liable to
On assignment to the employee, it is employer’s liability to deduct tax at tax in the hands of the employer
source u/s 192 of the Income tax Act,1961, on the surrender value of the b) On assignment to the employee, it is employer’s liability to deduct tax at
Tax on Assignment
policy i.e. the employee will have to pay tax on the then surrender value source u/s 192 of the Income tax Act,1961, on the surrender value of the
of the policy policy i.e. the employee will have to pay tax on the then surrender value
of the policy.
a) During pre assignment period, premiums paid by the employer should
a) First premium paid by the employer on behalf of the employee is treated
not be treated as perquisite.
as perquisite in the hands of the employee.
Perquisite Tax b) Premiums paid after assignment of the policy to the employee shall be
b) Subsequent premiums paid by the employer after assignment of the policy
taxable as perquisite u/s 17(2)(v) of the Income-tax Act, 1961, in the
to the employer shall not be taxable as perquisite.
hands of the employee
All the Premiums paid by the employer before assignment – May be
All the Premiums paid by the employer before assignment – May be allowed
allowed as deduction u/s 37(1) of the Income-tax Act, 1961 subject to
Section 37(1) as deduction u/s 37(1) of the Income-tax Act, 1961 subject to the conditions
the conditions stated therein and subject to tax authorities allowing the
stated therein and subject to tax authorities allowing the claim.
claim.
Tax implications for policies issued under EE2 will continue to remain the Tax implications for policies issued under LTRP will continue to remain the
ULIP Capital Gain
same from employer and employee perspective irrespective of whether same from employer and employee perspective irrespective of whether the
Taxation
the policy is a ULIP or a non ULIP policy is a ULIP or a non ULIP
a) If proceeds are received by the legal heir/nominee on death of the
employee it is taxable as "Income from other sources" in the hands of
the legal heir/nominee of the deceased employee.
b) If the proceeds are received by the employer on death of the
Proceeds are received by the legal heir/nominee on death of the employee
Death During Lock- employee, then it shall be taxable in the hands of the employer as
and it is taxable as "Income from other sources" in the hands of the legal
in Period business income.
heir/nominee of the deceased employee.
c) Any lump sum amount paid gratuitously/by way of compensation to
the widow or legal heirs of employee, on death of the employee by his
employer shall not be taxable as per the CBDT circular no. 573 dated
August 21, 1990. HDFC Life: For internal training purpose only, not for solicitation.
Important Areas of the
Employer Employee Scheme 2 (EE2) Long Term Reward Program (LTRP)
Schemes
Yes, the Insurer shall deduct tax at source @5% (with effect from Yes, the Insurer shall deduct tax at source @5% (with effect from
September 1, 2019) if PAN is provided by the policyholder, or @20% if September 1, 2019) if PAN is provided by the policyholder, or @20% if
TDS Applicable on Death PAN is not provided by the policyholder or is provided and not linked PAN is not provided by the policyholder or is provided and not linked
Benefit with Aadhaar. Tax deduction at source shall be @10% if PAN is with Aadhaar. Tax deduction at source shall be @10% if PAN is provided
provided and its status is a “specified person” as per section 206AB of and its status is a “specified person” as per section 206AB of the
the Income-tax Act, 1961. Income-tax Act, 1961.
Surrender During Lock-in The Surrender value received by the employer, if any, will be liable to The Surrender value received by the employer, if any, will be liable to
Period tax in the hands of the employer. tax in the hands of the employer.
a) Proceeds received by the legal heir/nominee on death of the a) Proceeds received by the legal heir/nominee on death of the
employee are taxable as "Income from other sources" in the hands employee are taxable as "Income from other sources" in the hands
of the legal heir/nominee of the deceased employee. TDS shall of the legal heir/nominee of the deceased employee. TDS shall
apply. apply.
Death post Lock-in Period
b) It is possible to take an argument that as tax has already been paid b) It is possible to take an argument that as tax has already been paid
on the surrender value, only the incremental income (i.e. Amount on the surrender value, only the incremental income (i.e. Amount
received on death Less Surrender value on which tax has been paid) received on death Less Surrender value on which tax has been paid)
ought to be taxable. ought to be taxable.
a) On maturity/surrender of the policy, will not get the section 10(10D) a) On maturity/surrender of the policy, will not get the section 10(10D)
of the Income-tax Act, 1961 benefit on account of the change in law of the Income-tax Act, 1961 benefit on account of the change in law
Surrender / Maturity Post
on and from April 1, 2014. on and from April 1, 2014.
Lockin Period
b) Therefore after maturity/on surrender, the maturity/surrender b) Therefore after maturity/on surrender, the maturity/surrender
proceeds shall be taxable. proceeds shall be taxable.
As the maturity/surrender proceeds are taxable, it is possible to take an As the maturity/surrender proceeds are taxable, it is possible to take an
Tax on Surrender / argument that as tax has already been paid on the surrender value, argument that as tax has already been paid on the surrender value,
Maturity only the incremental income (i.e. Amount received on Maturity less only the incremental income (i.e. Amount received on Maturity less
Surrender value on which tax has been paid) ought to be taxable. Surrender value on which tax has been paid) ought to be taxable.
Yes. the Insurer shall deduct tax at source @5% (with effect from Yes. the Insurer shall deduct tax at source @5% (with effect from
September 1, 2019) if PAN is provided by the policyholder, or @20% if September 1, 2019) if PAN is provided by the policyholder, or @20% if
TDS Applicable on Maturity
PAN is not provided by the policyholder or is provided and not linked PAN is not provided by the policyholder or is provided and not linked
/ Surrender/Survival
with Aadhaar. Tax deduction at source shall be @10% if PAN is with Aadhaar. Tax deduction at source shall be @10% if PAN is provided
Benefits
provided and its status is a “specified person” as per section 206AB of and its status is a “specified person” as per section 206AB of the
the Income-tax Act, 1961. Income-tax Act, 1961.
HDFC Life: For internal training purpose only, not for solicitation.
Thank you!
HDFC Life: For internal training purpose only, not for solicitation.
Under both Partnership and Keyman insurance policies, the death benefit becomes taxable in specific scenarios. For Partnership insurance, death benefits are treated as business income under section 28(vi) and are thus taxable to the partnership firm . For Keyman insurance, if the policy is assigned and the death proceeds are received by a legal heir, they are considered taxable income from other sources . However, if the policy remains with the company or firm, these proceeds are registered as business income and are taxable accordingly. This taxation structure is designed to prevent misuse of life insurance as a tool for tax evasion, ensuring that death benefits are appropriately taxed based on the recipient and the circumstances.
Keyman insurance and Partnership insurance both provide financial protection to businesses, but their applications differ. Keyman insurance is designed to protect businesses against the financial loss due to the death of a key employee, with the death benefits paid to the company and treated as business income under tax laws . In contrast, Partnership insurance offers protection to a partnership firm in case of a partner's unexpected death, with death benefits payable to the partnership firm and treated as business income under section 28(vi). Therefore, while both aim to mitigate financial disruption, Keyman insurance targets key personnel in broader business settings, whereas Partnership insurance specifically addresses partnership firms' needs.
Underwriting plays a crucial role in both Partnership and Keyman insurance policies by assessing the risk associated with insuring the lives of business partners or key employees. It ensures that policies are established on a sound financial basis, taking into account the firm's financial stability, the partner's contribution, and their significance within the business . Full underwriting is necessary to evaluate factors such as the profitability of the firm, individual income of partners, and other co-existing insurance covers to determine the appropriate insurance terms and premium amounts. This assessment is essential for maintaining the insurer's risk at an acceptable level and aligning the policy benefits with the business needs and fiscal responsibilities.
The eligibility criteria for Partnership insurance is stringent to ensure that the insurance serves its intended purpose of protecting the firm and benefiting all partners equitably. Requirements like accurate financial documentation, existence of a partnership deed, and clear profit-sharing ratios help verify the legitimacy of the partnership and assess the correct insurance coverage needed . These criteria also protect against fraudulent claims and ensure equal treatment among partners, which is crucial for maintaining trust and fairness within a partnership. The detailed documentation aligns the insurance coverage with the firm's actual financial situation, safeguarding both insurer and policyholder interests.
Partnerships can declare insurance premiums as business expenses for tax purposes under specific conditions outlined in section 37(1) of the Income Tax Act . The premiums must be paid regularly and deemed necessary for the business to qualify as deductible expenses. These conditions ensure that the policy directly relates to the firm's objectives and financial interests, justifying its classification as a business expense, which supports operational continuity and financial security in cases of partners' unexpected deaths. Proper documentation and adherence to these guidelines ensure the premiums' eligibility for tax deductions.
Different ownership structures, such as limited partnerships, have distinct implications for the applicability and management of Partnership insurance. Limited partnerships involve both general and silent partners, with only the former participating in management and bearing liability beyond their contributions . This division affects who is considered a policyholder or eligible for insurance, requiring clear outline in the partnership deed and ensuring the term 'partner' includes those actively engaged in management. The insurable interest and premium allocation would also differ based on contribution and active involvement, impacting the overall insurance management. Such structures necessitate careful consideration to ensure equitable coverage and alignment with regulatory and internal policy requirements.
Partnership insurance significantly enhances a firm's capacity to manage the financial stakes associated with a partner's death. It provides immediate liquid capital to settle accounts with the deceased’s family, allows the firm to buy out their share, and ensures continuity of operations, thereby minimizing business disruption . Additionally, it boosts lender confidence and maintains business goodwill by demonstrating financial preparedness. This strategic preparation not only mitigates the immediate financial impact of a partner's departure but also supports long-term stability and trust among surviving partners, which is crucial for the sustained success of the business.
The calculation of the sum assured for each partner under Partnership insurance involves several considerations to ensure fair and adequate coverage. It is generally calculated as the average of two years' net profit multiplied by five or gross profit by three . Other considerations include the profitability of the business over the last three years, each partner's capital contribution, and their shareholding percentage. This approach ensures that the financial viability of the business is reflected accurately in the insurance coverage, enabling each partner to be insured in proportion to their contribution to and benefit from the firm . Such calculations help maintain equity among partners and sustain the firm's financial health.
Partnership insurance provides several benefits to both the firm and individual partners. For the firm, it ensures business continuity, smooth transition, and protection against disruptions due to a partner's death. It also bolsters the firm’s financial standing by providing immediate funds to pay off debts or buy out the deceased partner’s share . For surviving partners, it smoothes the transition of roles and reduces the potential financial strain from a partner's exit, thus maintaining the firm's stability and goodwill . These comprehensive benefits support the ongoing operations and future planning of a partnership firm.
Assignment of a Partnership insurance policy can significantly alter its tax treatment. Typically, once assigned, if the policyholder or their legal heir receives death proceeds, these are treated as income from other sources, leading to taxation . Additionally, the premiums upon assignment are no longer deductible as a business expense under section 37(1), and any proceeds received are not treated as business income, altering the previous benefits of tax deduction and reduced tax burden on firm income . This emphasizes careful consideration before assigning policies, particularly regarding the impacts on tax implications and subsequent financial responsibilities.