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Which hand Keyman Insurance is Taxable

MURAGAIAH MELANGI (ACCOUNTS MANAGER) (51 Points)

18 July 2011

Hi everybody,

this is Muragaiah working as an 'Accounts Manager' in a Manufacturing Company,

I have one doubt about the Keyman Insurance, let me explain about the transactions what happend sofar.

Company paid Paid an amount of Rs. 8,63,745/- p.a. from July' 2001 to July' 2006, every year the company has claimed the expenditure.

After that the Compnay gifted to (i.e., Assigned ) Keyman (he is our MD) for Rs. 69 laksh, dated 16.06.2010,

Now he (Keyman) has received an amount of Rs. 91 lakhs from the LIC of India, my question is

whether it is taxable, if it taxable, on which hands it is taxable how much amount is taxable?

please send me your suggestions.

Regards

MURAGAIAH

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3 Replies

MURAGAIAH MELANGI (ACCOUNTS MANAGER) (51 Points)
Replied 19 July 2011

What happend, nobody is giving reply

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Commodity Tips (Stock Analysis) (25 Points)
Replied 19 July 2011

Originally posted by : MURAGAIAH MELANGI
	What happend, nobody is giving reply

i have no more ideas for it.

Thank you.

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 19 July 2011

KEYMAN INSURANCE LIC INDIA POLICY

What is a 'keyman (KM)'?
The term indicates a person who is an employee in a business organization at such an important post (an executive, a director, an expert, a technocrat etc) whose death would result in a financial loss to the organization.

What is 'keyman insurance'?
Life insurance corporation (L.I.C) of India provides the policies for such employees of a business organization whose premature death would cause a financial loss to the organization. The insurance taken on the lives of such person to protect the business from financial loss is called 'keyman insurance'. The premium on such policies has to be paid by the employer.

Eligibility for keyman insurance
The 'keyman insurance (KMI) is allowed to the employee if he satisfies the following condition;

The 'keyman' should hold less then 51% shares of company.
The total no. of shares of the company held by the keyman and his family should be shares of the company held by the keyman and his family should be less then 70%
The keyman should be literate.

Factors to be considered for insurance cover on key-man's life.

Key-man's qualification.
Experience in different fieldas.
Previous record and service period in the organization.
Is he the only key-man in the specific field or otherwise?

Salient features:

Proposer - the company
Plans allowed - 164 only
Term- 10-15 years on the basis of retirement age or service contract.
Accident benefit and nomination are also not allowed.
Assignment is allowed only in case of absolute assignment in favour of the key-man if he leaves the job of the company.
In the standard policy forms following changes should be done while issuing the key-man insurance.
Delete the words "nominee under section 39 of the insurance act".
Write the name of the life assured and proposer.
Place the following endorsement on the policy:-
either absolute assignment in favour of the life assured (KM) or surrender to LIC for its cash value.
Max. age at entry - 65 years.
Maturity age -75 years.

The S.A. under key man insurance can be decided by using the following methods:-

The max .S.A. for key man insurance is restrictedto :-
10 times of the key man's compensation package (total salary + annual bonuses of a regular nature and paid a fixed percentage of salary + various other perquisites such as furnished houses, utility bills, car and commission out of net profit) The notional value of perquisites is taken as 30% of the gross annual salary.
Method of gross profit:- there time of the average gross profit (profit before depreciation) of three years.
Method of net profit:- 5 times the average net profit (profit after allowing depreciation & taxation) of last 3 years. On the basis of above mentioned methods we can decide the ma. Sum assured (S.A.) for key man insurance.
Note:-no key man insurance (KMI) can be issued in case of company's profits/ turnover is declining, unless there are very special circumstance.
Max. S. A. in case of private Ltd. Companies or closely held public limited companies:
- (i) no. of shareholders/employees- 10 or more
- (ii) max .S.A - to be treated at par with public Ltd. companies
- (iii) no. of shareholders/employees - more then 5 but less then 10
- (iv) max .S.A. - 3 time the last 3 yrs average net profit(before tax)
Max .S.A. under KMI for the recently established companies in case of audited P& L accounts are present.

key man insurance to employee of partnership firms:-

Max allowable KMI cover to partnership firms
- 3 times of average gross profit of 3 year. Or
- 5 times of average net profit of 3 year, whichever is lower.
The max. amount of cover will be distributed among the key partners.
Key Man Insurance can be given on the lives of more then one partner.

Requirements to allow KMI to the employees firms/proprietary firms:-

Duly filled key man questionnaire
key man's salary proof. Copy of the employment/ individual I T R/from no.16 for last 3 years
audited account of the firms for last 3 years.
Firm's resolution to take K M I containing the name of the key-employees amount of cover. Plan & term. Authorized person on the letter head of the firms duly signed by the authorized person with stamp.
Consent for assignment/surrender max. allowed KMI will be restricted to 10 times of the salary of the financial year as shown in form no.16.
K M I is allowed only on the lives of active partners according to the following conditions:-
- Average turnover for preceding 3 years should be more then 5 crores.
- Max S.A. is restricted to share capital of key man + last 3 years total net profit (Good will)

Requirements for 'Key Man Insurance':-

Proposal form no.340 signed by the authorized person of the company with the stamp of his designation below his signature.
Duly filled special questionnaire.
Certified copy of board resolution with
consent to buy key-man insurance policy.
giving authority to an invidual to act for and on behalf of the company.
S.A
plan/term.
M H R in specified form by marketing manager/sales manager.
There year's copies of audited balance sheets and P&L accounts.
Necessary medical report from the medical examiner.
There year copies of I.T. returns of the company.
Form to be filled by the key man.

Income tax rules :-

In case of .S.B. is payable under the plans, will be considered as the business income of the company & will be taxable under section 28 (vi) of the income tax ACT.
Under section 31(1) of the income tax Act the premium paid under key man insurance can be claimed by corporate entities as bonafide business expenses.
If the policy has been assigned to the key man, the policy-proceeds including bonus will be taken as profit under section 17 (clause) of the income tax Act.
If the director of the company is the assignee under the key man policy, it will be taken as 'income from other sources' and will be taxable according to the section 56 (2ic) of the income tax Act.