Surrendering a ULIP can lead to tax. The tax depends on when you exit, when the policy was issued, and how much premium you pay. These rules are laid down in Section 10(10D) of the Income Tax Act. This section decides if the payout is tax-free or not.
A ULIP surrender amount is tax5-free only if it meets Section 10(10D) rules. For policies issued after 1 April 2012, the premium must be within 10% of the sum assured. For older policies (before 1 April 2012), the limit is 20%. For ULIPs issued on or after 1 February 2021, there is also a ₹2.5 lakh yearly premium cap across all ULIPs. If these rules are not followed, the surrender value becomes taxable.
If the payout becomes taxable, only the gains (surrender amount minus premiums paid) are taxed. This is taxed as capital gains under Section 112A at 12.5% on gains above ₹1.25 lakh in one year.
If you surrender before five years, the payout is usually taxable. Past 80C deductions may be reversed, and TDS may apply. The money also moves to a Discontinued Policy Fund till the 5-year lock-in end.
After five years, surrender is allowed freely. But it is not always tax5-free. The payout must still meet Section 10(10D) conditions. If not, the amount is taxed as capital gains. Partial withdrawals after five years are allowed too. They are tax5-free only if they meet 10(10D) rules.
For ULIPs issued before 1 February 2021, the ₹2.5 lakh cap does not apply. So, if they meet the sum-assured premium rules, the payout can stay tax-free. For ULIPs issued on or after 1 February 2021, the ₹2.5 lakh premium cap applies. If the total premium paid across ULIPs crosses this limit, tax exemption is lost and gains are taxed.