Section 80U provides tax deductions for Indian residents who have atleast 40% disability as specified by the law. There are different criteria for this and a specific set of procedures for claiming this deduction under Section 80U.
The Section 80U deals with tax deductions meant for residents of India who are categorized as disabled according to government rules. Under the Income Tax Act, 1961, any individual who has been a resident of India for the assessment year and suffers from at least 40% disability as specified by the law are eligible for deductions.
Disability is defined as at least 40% disability in a person as certified by relevant medical authorities. Persons with disability are defined according to the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 passed by the government. Disability is primarily divided into 7 categories:
The law also defines severe disability apart from disability. Severe disability refers to the condition where a person suffers from 80% or more disabilities in the aforementioned categories. Severe disability has also come to include multiple disabilities, cerebral palsy and autism.
The deductions under Section 80U are available for Rs.1.25 lakhs in case of severe disability and Rs.75,000 for people with disabilities. These limits have been enhanced from the previous limits of Rs.1 lakh for severe disability and Rs.50,000 for disability. The changes have come into effect from the assessment year 2020-21.
There are no documentation requirements apart from a certificate from a recognized medical authority certifying the disability. There is no need to produce bills or other items incurred as cost of treatment or any other expenses.
However, you are required to fill different forms in case of mental illnesses and some more disabilities. Similarly, for cerebral palsy and autism form 10-IA has to be filled.
To file the claim, you need to submit the medical certificate denoting the disability as well as return of income certificate as per Section 139 for the relevant assessment year.
If the disability assessment certificate has expired, you will still be able to claim deductions in the year of expiry of the certificate. However, a fresh certificate will be required from the next year onwards to claim benefits under Section 80U.
Certificates can be obtained from medical authorities as authorized by the government which can include an MD in Neurology, a pediatric, urologist, Chief Medical Officer (CMO), or Civil Surgeon at a government hospital.
Section 80U | Section 80DD |
Section 80U provides tax deductions to persons of disability | Section 80DD provides deductions to the family members of a disabled person. |
It needs to be mentioned here that Section 80DD is also applicable if the person has deposited some amount as insurance premium for caring for a dependent disabled person. Dependent implies any member of a Hindu Unified Family (HUF) or an individual's siblings, parents, spouse or children. As for the deduction limits, it is the same as Section 80U.
Yes, tax deductions under Section 80U can be availed. It needs to be mentioned that the prescribed disability percentage for claiming deductions under the section is between 40% to 80%.
You can claim deductions up to Rs.1,25,000. The mentioned amount can be claimed if the individual has 80% disability. For individuals, whose disability is above 40% and below 80%, the amount of deduction available is Rs.75,000.
Disability is being divided into seven categories. They are - low vision, blindness, hearing impairment, leprosy cured, mental retardation, loco motor disability, and mental illness.
Yes, autism, cerebral palsy and multiple disabilities are considered as severe disability.
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