Tution Fee of Salary Employee's Children

This query is : Resolved

Murtaza I Bhagat (Querist)
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25 October 2009 Dear Sirs

I have to Know Do I take Dedution of Tution Fees of Rs.100000/- in F.Y. 2007-2008 of my Children or not ?

What is the Sec. & rules of tution fee and in that How Much Tution Fee & How many Children I can take in this Dedution Benefit ?

Thanks in advance

Ram Avtar Singh

Ram Avtar Singh (Expert)
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25 October 2009 TUITION FEES PAID FOR CHILDREN U/S 80C

Relevant part of the section 80c is reproduced here under.

"(xvii) as tuition fees (excluding any payment towards any development fees or donation or payment of similar nature), whether at the time of admission or thereafter,

(a) to any university, college, school or other educational institution situated within India;

(b) for the purpose of full-time education of any of the persons specified in sub-section (4) "

"(4) The persons referred to in sub-section (2) shall be the following, namely:

(a) ......................
b) .......................

c) for the purposes of clause (xvii) of that sub-section, in the case of an individual, any two children of such individual."

on the basic of above following points are to be noted .

Deduction for tuition Fees is available up to Rs.100000 /-
The limit of one lac as above is total limit u/s 80C for all type of savings ,plus section 80CCC(pension policy) plus u/s 80CCD(Contributory Pension Plan).Means the aggregate amount of deduction under above referred sections can not exceed Rs. 1,00,000.
The deduction is available to Individual Assessee and not for HUF.
The Deduction is available for any two children.
This the only clause u/s 80 C where assessee can not claim tax benefit for expenditure done on himself.Means if assessee has paid tuition fess for his studies ,he will not be eligible.
Deduction is not available for tuition fees paid for studies of spouse.
The deduction is available for Full Time courses only,so no deduction for part time or distance learning courses.(This is my opinion but point is not very clear)
The fees should be paid to university, college, school or other educational institution,so no rebate for private tuitions.
Tuition fees paid for coaching courses for admission in professional courses or any other type of courses are not covered as that fees is not paid for FULL time eduction.

The center mention above in point 8 must be situated in India,so location should be in India though it can be affiliated to any foreign institutes.
In This section tuition fees has a wide meaning than normal parlance ,means here tuition fees means total fees paid minus any payment towards any development fees or donation or payment of similar nature.so admission fees is also allowed.
In My Opinion Transport charges ,hostel charges,Mess charges ,library fees ,scooter/cycle/car stand charges is not allowed.
Building fund or any donation etc not allowed.

questions which are commonly asked regarding tuition fees eligibility u/s 80C given hereunder.

Que:Can Mother claim the benefit of tuition fees paid for his son/daughter.

Ans:Assessee means both mother and father both can take the benefit u/s 80 C for amount paid by them respectively.

Ques:If a couple have four children,can they both claim fees for two children each?

Ans:Yes ,husband and wife both have a separate limit of two children each ,so they can claim deduction for 2 children each.

Ques:If a Couple has one child and paid a fees of 200000 rs can they both claim tuition fess 100000 each ?

Ans. :yes ,they both can claim deduction for 100000 each subject to they have actually paid same amount .If husband has paid 1.50lac and wife has paid 50000 then husband can claim 100000 and wife can claim 50000.

Ques:Ram has paid tuition fees for his child 2000/- in February 2008 relates to period march to june 2008 ,how much amount he can claim deduction in assessment year 2008-09?

Ans: He can claim full 2000 rs in assessment year 2008-09 , as this deduction is available on the basis of payment and it may or may not be related to the period in which it has been paid.

Ques: Is Late fees paid with tuition fees is eligible for deduction ?

Ans:No,late fees is not eligible for deduction.

Ques:is tuition fees admissible for pre nursery class also?

Ans: pre-nursery ,play school and nursery class fees is also covered under section 80C (circular 9/2008 & 8/2007)

Ques:Ram has paid rs 36000 (rs 8000 admission fees, rs 5000 development fees rs 5000 caution money, rs 12000 annual charges and rs 6000 @rs 2000 per month for april-june 2008 fees) in dec 2008. how much he can claim reimbursement as well rebates/deductions in 2008-09 and 2009-10.

Ans:As explained above in the article, tuition fees meaning is wide in income tax as generally perceived ,so in my opinion admission fees rs 8000 ,12000 annual charges and 6000 fees is covered for claim u/s 80C .Development fees is not allowed and caution money,as it is refundable amount ,hence not allowed.You can claim the tuition fees on payment basis whether relates to this financial year ,old or coming financial year.

ques:Are there any particular educational courses for which income tax exemption is given?

Ans:No specific course defined in the Income tax act ,but course should be in India and a full time course

Ques:My Son has been going to Play School Since 01/04/2008. Can I claim the fee paid during the year under Children's Education(80-C). The receipt given by the school shows quarterly fee, & not tuition fee.

Ans:You can claim tuition fees paid for playway school.but the break up of the fees should be obtained from the school .Take a certificate from scholl authorities regarding full year fees on letter head with their seal.