Section 80U of the Income Tax Act, 1961, provides tax relief to resident individuals with disabilities by offering a fixed deduction from their taxable income. The deduction is Rs.75,000 for persons with disabilities and Rs.1,25,000 for those with severe disabilities, subject to certification by authorised medical authorities. This benefit is available only under the old tax regime.
Key Highlights
- Severe Disability: 80% or more disability; includes multiple disabilities, autism, and cerebral palsy.
- Types of Disability Covered: Blindness, low vision, leprosy-cured, hearing impairment, locomotor disability, mental retardation, and mental illness.
- Validity of Certificate: The certificate must be valid for the year of claim; a fresh certificate is required if it has expired.
Section 80U of the Income Tax Act, 1961, allows resident individuals with disabilities to claim a flat deduction of Rs 75,000 or Rs 1.25 lakh for severe disabilities from their total income. The disability must be certified by approved medical authorities at any time during the financial year. Taxpayers who have a disability must submit a disability certificate or Form 10-IA when filing their income tax returns. Here, we will discuss in detail how Section 80U helps individuals with disabilities by allowing a fixed deduction to reduce their taxable income, thereby providing financial relief and security. This deduction can be claimed only if you are opting for the old tax regime.
A resident individual who has been certified as a person with a disability by the medical authority can claim the tax benefit under Section 80U. For this section, a person with a disability is defined as an individual who has at least a 40% disability, as certified by medical authorities.
For this section, disability has been defined as one of the following:
The section also defines a severe disability, which refers to a condition where the disability is 80 per cent or more of one or more disabilities. Severe disability includes multiple disabilities, autism and cerebral palsy.
The section also defines a severe disability, which refers to a condition where the disability is 80 per cent or more of one or more disabilities. Severe disability includes multiple disabilities, autism and cerebral palsy.
A flat deduction of Rs. 75,000 is allowed for people with disabilities, and a deduction of Rs. 1.25 lakh is allowed for people with severe disabilities.
Certificates can be obtained from medical authorities, who may be a neurologist with a Doctor of Medicine (MD) in Neurology (in the case of children, a paediatric neurologist with an equivalent degree) or a civil surgeon or Chief Medical Officer in a government hospital.
Note: If the disability is temporary and requires reassessment after a specific period, then the certificate's validity starts from the assessment year relevant to the financial year during which it was issued and ends during the assessment year relevant to the financial year when the certificate expires.
Medical authorities who are eligible to issue a disability certificate can be any of the following:
Parameters | Section 80U | |
Eligibility |
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Who can claim the deduction? | Taxpayer who has incurred an expenditure in medical treatment (including nursing, training and rehabilitation), or deposited a specified amount as an insurance premium for taking care of his/her dependent with disability. | Taxpayer who is himself/ herself certified with at least 40% disability by the approved medical authority. |
Deduction limit |
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Dependent | Spouse, children, parents, brother, sister of the taxpayer or a member of HUF | Deduction is claimed by the individual for his own disability |
Tax regime | Applicable under old tax regime only | Applicable under old tax regime only |