In India, the needed medical infrastructure is lacking, and medical costs have soared. The current epidemic has made this even more apparent. The expense of treating such ailments is so great that it places a heavy strain on individuals afflicted with them or those who care for them.
The Income Tax Act included section 80DD, which offers a deduction for the expenditures spent in the care of such individuals, to recognise this situation and lessen the financial burden it produces, particularly on the differently abled person.
The specifics of section 80DD of the Income Tax Act are shown below.
What Does Income Tax Section 80DD Mean?
The deduction allowed for the medical care of a dependent with a disability is Section 80DD.
To be eligible for this deduction, you must:
- Incurred costs for medical care (including nursing care), education, and rehabilitation of dependents with disabilities.
- Amount paid or deposited under a plan created in this regard by the Life Insurance Corporation, Unit Trust of India, or any other insurance provider offering a policy mainly intended for caring for the dependant and authorised by CBDT.
It should be emphasised that Section 80DD would not apply if the taxpayer is already claiming tax under Section 80U.
Eligibility Requirements for Section 80DD Deductions
It would help if you satisfied the conditions given below to be eligible for this deduction:
- The taxpayer’s dependent, not the taxpayer, is entitled to a deduction.
- The deduction is only available to residents of India.
- The taxpayer is ineligible for this deduction if the dependant has previously claimed a deduction for themselves under section 80U.
- In the case of a single taxpayer, the term "dependent" means a member of a HUF when referring to the taxpayer's spouse, children, parents, siblings, and sisters.
- The taxpayer has paid for the dependent's upkeep, education, and rehabilitation (including nursing expenditures), or the taxpayer may have contributed to the maintenance plan of a LIC or another insurer.
- Disability affects at least 40% of the dependents.
- Disability is defined under Section 2(i) of the 1995 Persons with Disabilities Act.
An undivided Hindu family and a resident taxpayer qualify for a tax deduction under Section 80DD. A dependant may be eligible for such a deduction.
A taxpayer’s dependents include their spouse, kids, parents, siblings, or any combination. The dependent belongs to the HUF when one is present.
Terms and Conditions for Making a Deduction Claim
To condition for this deduction, you must complete the requirements listed below:
- The taxpayer's dependent, not the taxpayer himself, is eligible for a deduction.
- Only Indian citizens who are residents may claim the deduction.
- If the dependent has already claimed a deduction for themselves under section 80U, the taxpayer is not eligible for this deduction.
- In the case of a single taxpayer, the term "dependent" refers to the taxpayer's spouse, children, parents, siblings, and sisters. This means a HUF member when referring to a HUF.
- The taxpayer has paid for the dependent's upkeep, education, and rehabilitation (including nursing expenditures), or the taxpayer may have made a contribution to the maintenance plan of a LIC or another insurer.
- At least 40% of the dependent is disabled.
- Section 2(i) of the Persons with Disabilities Act of 1995 defines disability.
How Can I Make A Section 80DD Deduction Claim?
A copy of the certificate issued by the medical authority in the necessary form, Form 10-IA, and in an authorised manner, together with the ITR, must be submitted by the individual requesting the deduction. The paperwork is advisable since hardly any document must be connected with an ITR.
Document Needed To Claim A Deduction Under Section 80DD
The documentation required to claim a deduction under this provision is outlined in Section 80DD. The taxpayers must provide a medical certificate that attests to the dependent's connection with the caregiver and the dependent's type and degree of incapacity. A competent medical authority must certify such a certificate.
For this reason, the medical authority may be any of the following individuals:
- A government hospital's Chief Medical Officer or Civil Surgeon
- A specialist in neurology having a neurology MD
- Equivalent-degreed paediatric neurologists
Below is a list of the papers that must be supplied.,
- A medical certificate certified by a competent authority as specified above and describing the disability's nature and other necessary information
- An adequately completed Form 10-IA (signed by one of the medical professionals listed above) if the dependant has autism, cerebral palsy, or other severe impairments.
- A self-declaration by the taxpayer outlining the specific medical costs related to caring for the dependant who is disabled.
- Receipts for the medical insurance premiums for the dependant with a disability that have been paid
Additional Information Regarding Claim Deduction
- When requesting the deduction from any Government Hospital related to the disability above, a medical certificate is required. Both the dependent and the person they are dependent on should have their disabilities attested in the paper. Periodically, the certificate must be renewed.
- Autism, cerebral palsy or any other combination of impairments would need to complete and submit form 10-IA on their behalf.
- For a person with any serious mental illness plus the other impairments, there are two more forms in aDDition to the one already described.
- People must also provide a signed self-declaration that attests to the costs of the handicapped dependent's medical care, including nursing, rehabilitation, and training.
- The actual receipts for the expenditures incurred by the handicapped dependents need not be kept on file. However, accurate passes must be shown if a deduction is requested about payments made to any insurer, including LIC, UTI, and others, to obtain insurance plans or schemes for the maintenance of a dependent who is handicapped.
What Does "Dependents" Imply In The Context Of Section 80DD?
When referring to section 80DD dependents, it means:
- Spouse
- Children
- Siblings
- Parents
- HUF member
To qualify for the deduction, the persons above must be entirely or primarily reliant on the taxpayer for their support and maintenance.
What Does "Disability" Imply In The Context Of 80DD?
Autism, cerebral palsy, and multiple disabilities as defined by the "National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999" are included in the definition of disability under Section 80DD of the "Persons with Disabilities Act, 1995."
As a result, a "Person with a Disability" is someone who, according to a reliable medical source, suffers 40% of the time.
Which Conditions Are Covered Under Section 80DD?
By the Income Tax Act's Section 80DD, the following conditions are covered:
1. Autism
Autism, commonly known as an autism spectrum disorder (ASD), is a complicated neurobehavioral illness that affects a person's ability to engage with others and develop language and communication skills. Inflexible, repetitive behaviours characterise it.
2. Blindness
A visual impairment in which a person suffers from the following conditions: complete lack of sight, visual acuity up to 6/60 or 20/200 (Snellen), or restriction of the field of view of the eyes extending an angle of 20 degrees or worse.
3. Cerebral Palsy
The condition known as cerebral palsy, which may be caused by brain damage or insults during a person's prenatal, perinatal, or neonatal stages of development, is a group of non-developmental problems for that person and is characterised by impaired motor control posture.
4. Hearing impairment
The term "hearing impairment" refers to a loss of sixty dB or more in either of the two ears in the conversational range of frequencies, so the individual cannot hear a regular conversation.
5. Leprosy-cure
A person who has been cured of leprosy but still has physical limitations is said to be leprosy-cured. There is a lack of feeling in the hands, feet, or both, as well as paresis and loss of sensation in the eye and eyelid, but there is no obvious abnormality.
If not, there is paresis and apparent deformities. Their hands and feet can move freely enough to perform regular economic activities. If none of these applies, the individual is severely physically deformed in their old age and unable to engage in practical work.
6. Locomotor disability
This impairment includes any problems in the bones, joints, or muscles that cause significant limitation of limb movement or any cerebral palsy.
7. Low vision
The term "low vision" refers to an impairment of average visual performance that persists in the face of therapy or conventional refractive correction. This means that, with a properly made assistive technology, the person must use or be capable of utilising vision to plan or execute a job.
8. Mental illness
This term encompasses a broad spectrum of mental diseases but is not synonymous with "mental retardation."
9. Mental retardation
An incomplete or entirely obstructed mental development is referred to as mental retardation, particularly marked by the sub-normal intellect.
Amount Of The Section 80DD Deductions Permitted
The maximum deduction qualified taxpayers may claim under this provision has been set out in the Act. The specifics of the same are shown below.
a. Deduction for disabled individuals
Any individual with at least 40% of the qualifying impairments listed in the Act is considered a dependent person with a disability. Under this Act clause, the taxpayer providing care for such a person may claim a deduction of up to Rs. 75,000.
b. Deduction for those who have a severe impairment
Any individual who exhibits at least 80% of one of the specified impairments listed in the Act is considered a dependent person with a severe disability. Under this Act, a taxpayer providing care for such a person may claim a deduction of up to Rs. 1,25,000.
Which Medical Certificate Is Necessary To Comply With Section 80DD?
It is necessary to get a medical certificate from a licenced doctor to claim a deduction under section 80DD. These people are thought to be reliable for such a certificate.
- A doctor of medicine (MD) in neurology or a neurosurgeon.
- A paediatric neuropathologist with a medical degree comparable to a neuropathologist.
- A Chief Medical Officer (CMO) from any government institution or a Civil Surgeon
As a result, it only suggests that if you are deducting under this provision, you should maintain the certificate you may get from an authorised medical practitioner.
Additionally, it is advised that the medical prescription and documents be stored safely in case the income tax division requests them.
The validity of the disability certificate is limited in time. Any financial year in which the certificate's validity ends entitles the holder to a deduction under the terms of the revoked certificate. To claim a deduction under Section 80DD the following year, a fresh certificate must be obtained starting with the next fiscal year.
What Prerequisites Must Be Met Before A Disabled Dependant May Receive Insurance Or A Deposit To Qualify For An 80DD Deduction?
The application of Section 80DD to insurance or deposits made in specific schemes for supporting a dependent with a disability has previously been made clear. This insurance or deposit amount must meet the requirements listed below to be eligible for the programme:
- If the taxpayer passes away, the plan should guarantee that the defendant will get an annuity or lump sum payment.
- The taxpayer must choose who will collect the payment on behalf of the assessed for the benefit of the dependent: either the defendant, who must be a disabled person, or any other person or trust.
- It is suggested to change that in Budget 2022 and include language stating that a deduction would also be allowed if a lump sum payment or annuity is made available to disabled individuals for the subscriber's lifetime upon reaching the age of 60.
Conclusion
With relation to their medical expenses, many Indian families would surely benefit much from Section 80DD. The new changes guarantee that the maximum limit of the amount allowed for a deduction has significantly grown as the medical profession has expanded and difficulties have increased. The Income Tax Act's other provisions that provide comparable advantages to taxpayers but with different details must be explicitly separated from Section 80DD.