Gratuity Fund Options: Can Your Company Save on Taxes Without Using LIC?

but.pooja@gmail.com
Please let me know if a Gratuity fund/trust can be formed in the company only. Can we skip putting gratuity in LIC? How will the company benefit in terms of saving tax?

Looking forward to your valuable input.
Babu Alexander
Payment of Gratuity Act, 1972

Section: 4A - Compulsory Insurance

(1) With effect from such date as may be notified by the appropriate Government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the Central Government or a State Government, shall, subject to the provisions of sub-section (2), obtain insurance in the manner prescribed for his liability for payment towards the gratuity under this Act, from the Life Insurance Corporation of India established under the Life Insurance Corporation of India Act, 1956 (31 of 1956), or any other prescribed insurer:

Provided that different dates may be appointed for different establishments or class of establishments or for different areas.

(2) The appropriate Government may, subject to such conditions as may be prescribed, exempt every employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement and every employer employing five hundred or more persons who establishes an approved gratuity fund in the manner prescribed from the provisions of sub-section (1).

(3) For the purpose of effectively implementing the provisions of this section, every employer shall, within such time as may be prescribed, get his establishment registered with the controlling authority in the prescribed manner, and no employer shall be registered under the provisions of this section unless he has taken an insurance referred to in sub-section (1) or has established an approved gratuity fund referred to in sub-section (2).
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