Impact of GST on Insurance Services

As we know that GST is applicable on supply of goods or supply of services. Accordingly, GST is also applicable on insurance services supplied by the insurance companies. The insurance companies provide various types of insurance services like health insurance, life insurance, building insurance, stock insurance etc. In this article we are going to discuss in detail about the GST implications on services provided by the insurance companies & the valuation principles applicable for insurance companies.

As we know that GST is applicable on supply of goods or supply of services. Accordingly, GST is also applicable on insurance services supplied by the insurance companies. The insurance companies provide various types of insurance services like health insurance, life insurance, building insurance, stock insurance etc. In this article we are going to discuss in detail about the GST implications on services provided by the insurance companies & the valuation principles applicable for insurance companies.

Under CGST Rules 2017 there is a special provisions prescribed for the valuation of life insurance business. Rule 32(4) of CGST Rules 2017 states that the value of supply of services in relation to life insurance business shall be;
(a) the gross premium charged from a policy holder reduced by the amount allocated for investment, or savings on behalf of the policy holder, if such an amount is intimated to the policy holder at the time of supply of service;
(b) in case of single premium annuity policies other than (a), ten per cent. of single premium charged from the policy holder; or
(c) in all other cases, twenty five per cent. of the premium charged from the policy holder in the first year and twelve and a half per cent. of the premium charged from the policy holder in subsequent years:
Provided that nothing contained in this sub-rule shall apply where the entire premium paid by the policy holder is only towards the risk cover in life insurance.
From the above it is clear that in respect of life insurance premium collected by the insurance companies, the GST would not be applicable on entire premium charged by the company. GST would be applicable on reduced amount. However, if the life insurance policy is taken only for risk coverage, then entire premium would be chargeable to tax.

In this respect a question that usually arise is whether the amount of insurance premium, which is not included in the taxable value as per Rule 32(4) of CGST Rules applicable for life insurance business, shall be treated as pertaining to a non-taxable supply/ exempt supply for the purpose of reversal of Input tax credit as per section 17(1) of CGST Act read with Rule 42 & 43 of CGST Rules?.

The CBIC has also issued a Circular No. 214/8/2024-GST wherein it was clarified that that the supply can be considered as a non-taxable supply only when it is not leviable to tax under the CGST Act or under the IGST Act. It is not a case where the tax is not leviable on the supply of life insurance services provided by life insurance companies to the insured/policy holder. The value of the said supply of service in respect of life insurance business as determined under Rule 32(4) of CGST Rules, 2017 may not include some portion of gross premium as per methodology provided in the said rule. This portion of premium which is not includible in taxable value as per provisions of Rule 32(4) of CGST Rules is neither nil rated, nor wholly exempted from tax under section 11 of CGST Act and also not a non-taxable supply. Therefore, just because some amount of consideration is not included in value of taxable supply as per the provisions of the statute, it cannot be said that the said portion of consideration becomes attributable to a non-taxable or exempt supply and therefore, there is no requirement of reversal of input tax credit as per provisions of Rule 42 or rule 43 of CGST Rules, read with sub-section (1) and sub-section (2) of Section 17 of CGST Act, in respect of the said amount.

Also it is important to know that there is an exemption provided under Notification No. 12/2017 CT(R) in respect of services of life insurance business & general insurance business provided by specific entities subject to certain conditions. The relevant entries of Notification No. 12/2017 CT(R) which provides exemptions in respect of services of life insurance business & general insurance business are serial number 28, 29, 29A, 29B, 30, 35, 36, 36A, 39 & 40 of Notification No. 12/2017 CT(R).

In respect of insurance services the CBIC has also issued various other circulars which are as follows;

GST on No Claim Bonus:

After a decision was reached in the 48th GST Council meeting, the CBIC clarified the applicability of GST on 'No Claim Bonuses' via Circular No. 186/18/2022-GST.

Insurance companies typically offer their customers a 'No Claim Bonus' in cases where there have been no insurance claims made during the period of insurance. The amount is offered at the time of renewal of the insurance policy as a form of reward or discount and is deducted from the premium to be paid.

As per the Circular, the customer or insured person procures an insurance policy to indemnify themselves from any loss or injury as per the terms of the policy and are not under any contractual obligation to not claim insurance during the insurance period. There is no supply provided by the insured person to the insurance company by not lodging insurance claims during the insurance period.

As per clause Section 15(3)(a) of the CGST Act, the value of supply shall not include any discount given before or at the time of supply if the same has been recorded on the invoice. Hence, the 'No Claim Bonus' cannot be considered as a consideration for any supply provided and is treated as a discount and deducted, and there will be no GST applicable on the same.

Circular No. 215/9/2024-GST

Whether the insurance company is liable to pay GST on the salvage/ wreckage value earmarked in the claim assessment of the damage caused to the motor vehicle?

In cases where due to the conditions mentioned in the contract itself, general insurance companies are deducting the value of salvage as deductibles from the claim amount, the salvage remains the property of insured and insurance companies are not liable to discharge GST liability on the same. However, in cases, where the insurance claim is settled on full claim amount, without deduction of value of salvage/ wreckage (as per the terms of the contract), the salvage becomes the property of the insurance company and the insurance company will be obligated to discharge GST on supply of salvage to the salvage buyer.

Circular No. 217/11/2024-GST

The insurance companies, which are engaged in providing general insurance services in respect of insurance of motor vehicles, insure the cost of repairs/ damages of motor vehicles incurred by the policyholders and settle the claims in two modes i.e., Cashless or Reimbursement. Whether ITC is available to insurance companies in respect of repair expenses reimbursed by the insurance company in case of reimbursement mode of claim settlement.

It is clarified that ITC is available to Insurance Companies in respect of motor vehicle repair expenses incurred by them in case of reimbursement mode of claim settlement.

RCM on Services supplied by an insurance agent to insurance companies:

The insurance agent is the person who provides the services to insurer and also the insurance company. The services provided by an insurance agent to any person carrying on insurance business i.e., insurance companies are covered RCM as per serial number 7 of NN 13/2017 (R). Accordingly, GST would be payable by the insurance companies under RCM on services received from insurance agent.
Classification of services:

Under GST Law the services of insurance are broadly classifiable under the following categories;

Group 99713 : Insurance and pension services (excluding reinsurance services)

Group 99714 : Reinsurance services

Group 99716 : Services auxiliary to insurance and pensions

All of these are taxable @ 18%

Disclaimer: The information given in this article is solely for purpose of understanding the law. It is completely based on the interpretation of the author and cannot be constituted as a legal advise, the author of this article and Lawcrux team is not responsible for any legal issues if arises on the basis of the interpretation given above.