80d premium for 27 yrs old son

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

12 March 2013 my son is 27 years old and a student (not working) i.e. dependant on me.

can i claim mediclaim insurance premium u/s 80 D.

pls reply?

CA Suraj Lakhotia

CA Suraj Lakhotia (Expert)
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12 March 2013 You can claim deduction.

B Ravi Kumar ACMA, MBA, M Com

B Ravi Kumar ACMA, MBA, M Com (Expert)
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12 March 2013 Since your son is more than 25 years old, you cannot claim deduction u/s 80D.

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CA Suraj Lakhotia

CA Suraj Lakhotia (Expert)
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12 March 2013 @Ravi Kumar,

There is no mention in Section 80D that premium for children whose age is more than 25 cannot claim deduction.

B Ravi Kumar ACMA, MBA, M Com

B Ravi Kumar ACMA, MBA, M Com (Expert)
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12 March 2013 Pl. check:
Dependent Children (i.e. legitimate or legally adopted children). Children above 18 years, if employed, can not be covered. Male children, if not employed, but a bonafide student can be covered upto age of 25 years. Female children, if not employed, can be covered until the time she is married.

CA Suraj Lakhotia

CA Suraj Lakhotia (Expert)
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12 March 2013 Would you please give the reference to the text quoted or any link.

I did not come across any such explanation n Section 80D.

B Ravi Kumar ACMA, MBA, M Com

B Ravi Kumar ACMA, MBA, M Com (Expert)
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12 March 2013 You can refer this link, if needed:
http://taxguru.in/income-tax/all-about-deduction-us-80d-for-mediclaim-premium-available-to-individual-huf-and-senior-citizens.html

Santosh Mishra

Santosh Mishra (Expert)
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12 March 2013 Hi Ravi

Do you have any extracts from income tax department as well?

In Income tax it is mentioned as dependant children only, the word dependent children has not been further defined as mentioned in the link provided ( simpletaxindia), it may be personal views of the author Sandeep Kanoi.

Is it not possible that children above 25 are still dependent children?

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Querist : Anonymous

Querist : Anonymous (Querist)

13 March 2013 even i was confused..and now even more confused.what should i do help!

can i claim or not and Mr ravi substantite ur definiton under tax.

Santosh Mishra

Santosh Mishra (Expert)
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13 March 2013 Realax….

There is no provision/restriction in Income tax with regards to age of dependent children

As per IT, deduction is available for mediclaim premium paid for “Self, Spouse or dependant children. Maximum deduction is Rs 15,000. In case any of the persons specified above is a senior citizen (i.e. 60 years or more), deduction amount has been enhanced to Rs. 20,000. “

It means if assessee himself is a senior citizen (60 years), he can claim deduction for Rs.20, 000/- for premium paid for self, dependent children and spouse.

Practically it is possible that a person who is age of 60 or more have a child who is age of 25 years. Hence, it seems Income tax has not placed any bar on age of a child, only a criterion is that he/she should be dependent. That’s it.

So you can claim the deduction.

CA Suraj Lakhotia

CA Suraj Lakhotia (Expert)
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13 March 2013 As I mentioned earlier, there is no restriction of age in Section 80D.

B Ravi Kumar ACMA, MBA, M Com

B Ravi Kumar ACMA, MBA, M Com (Expert)
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13 March 2013 I referred several things now:

As per Ministry of Health and Family welfare and CGHS a son is a dependent till he get married/attains age of 25 years/earns income whichever is earlier.

As per Tax law, I also don't find any specific definition for family and dependent.

You can go ahead or can refer further.

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CA Suraj Lakhotia

CA Suraj Lakhotia (Expert)
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13 March 2013 Income Tax makes no such reference.

Querist : Anonymous

Querist : Anonymous (Querist)

14 March 2013 so should i be considering the CGHS rules in absence of any clear definiton/rule for assessing child as dependant?
can AO invoke CGHS rules as basis for levying penalty on me ?

also now other q's that's coming to my mind upto what income is child said to be dependant.
a child earning small income from bank intt will he still be dependant or not?

CA Suraj Lakhotia

CA Suraj Lakhotia (Expert)
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15 March 2013 You need not consider CGHS rules. A child would be dependent on you if you are a major source for fulling his/her daily basic needs.

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