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Taxation
1. SALARIES 1 LEAVE SALARY Leave Encashment During continuity Of employement At the time of Retirement or Leavig the job Government Employee Non-govt employee CGE/SGE NGE/LA/PSU Exempt Least of Exempt U/S 10(10AA) Taxable Cash equivalent of Leave salary (b) [10m(Basic P.M +DA for Retirement) + fixed % Comm in T.O] / 10 x leave to the credit<_ 30 days P.A Amount Specified by govt =300000 Actual leave encashment ॐ 1
2. NOTES: Leave to the credit should be for each completed year of service. Leave salary paid to the legal Heirs of deceased employee is not Taxable as “salary” but taxable as “IFOS” Leave salary received by family of govt employee who died in harness is not taxable Average salary should be calculated on the basic of salary for immediately preceding 10 months of the retirement It is a death cum retirement benefit payable on the basic of duration of services GRATUITY: [Sec10(10) (2) Exempt U/S10(10)(i) CGE/SGE/LA Covered by payment of Gratuity Act 1972 GRATUITY Exempt Least of 15 day’s salary for every completed year of service or part there of in excess of 6 months =BASIC + DA (P.M) x15/26 x N NOTE -> In case of seasonal employees =BASIC + DA (P>M) x 7/26 x N (b) Maximum 10,00,000 (c) Actual gratuity received Not covered by ACT 1972 Exempt least of (a) Maximum 10,00,000 (b) Half month’s avg salary for each completed year of service =10(BASIC + DA for ret)+ comm on T.O/10 x ½ x N (c) Actual gratuity received ॐ 2
3. PENSION (Sec 17(1)(ii) (3) Pension is a perodical payment received by an employee after his retirement Uncommuted Pension Perodical payment Of pension Fully Taxable = GE/NGE CGE/SGE/LA/STATE CROP/SCJ/HCJ EXEMPTED U/S10((10A)(i) PENSION Uncommuted pension =(Pension P.M x M) xxx (b) Uncommuted part of full pension =(FPPM x(100/c%) x bal of months from commuted date) xxx ----- xxx (c) Commuted pension commuted value received xxx (-) exempt (i) if grautity is received CV x 100/c% x 1/3 xxx OR (ii) if grautity is not received CV x 100/c% x ½ xxx ___ Total taxable pension xxx Lumpsum payment In lieu of perodical payment Commuted pension = NGE Taxable pension CALCULATION ॐ 3
4. NOTE: pension received from united nations organisation->Exempted (2) Family pension received by family members of an employee after his death-> not taxable as salary but taxable as GFOS U/S 56 (4) VRS Compensation[Sec 10(10)] -> Max exemption 5,00,000 -> Exemption allowed only once. Conditions/Guideline to be satisfied as per rule 2 B.A of IT Rules Applicable if employee has completed 10 years of service or age of 40 years exepct for employee of public sector co Applicable to all employees VRS should caused due to VRS should not be filled up nor the retiring employee br employed in another concern of same management Amount under VRS should be- Less than or = to 3 months’s salary for every completed year of service OR ( Salary less or = at the time of retirement) x Balance months of service left before the date of retirement Where, salary = salary last drawn P.M = Basic + DA for retirement + fixed% comm on TO NOTE: ->Relief can be claimed U/S 89 ॐ 4
5. (5) RETRENCHMENT COMPENSATION [Sec 10(10B)] Exempt -> least of Amt calculated as per Industrial Disputes act 1972 =15 days avg pay for each completed year of service or part there of in excess of 6 months Amt notified by Govt = 5,00,000 Actual Retrenchment compensation received -> NOTE: No limit if compensation paid under govt approved scheme Different forms of Allowances (1)City compensatory allowance Taxable (2)House rent allowanse[sec 10(13A)] Exempt least of If Resedential house is in Bombay , Delhi , Calcutta , Madras =50% of BASIC + DA for ret +fixed % comm on TO (a) If at any other place =40% of (BASIC+DA for ret +fixed %commonTO) Actual HRA received for period of occupation Excess of rent paid over 10% of salary on due basis =Rent paid (-) 10% of (BASIC + DA for ret +fixed %comm on TO) NOTE: No exemption if employee lives in his own house or in a house where he does not pay any rent ॐ 5
6. (3) Allowance where exemption depends upon actual exependiture by the employee (Sec10(14)) Amount of allowance ->In case of following exemption=lower of or Actual exp by employee Travelling allowance or transfer allowance Conveyance allowance Daily allowance Helper allowance Research allowance-granted for encouraging academic or professional research Uniform allowance-granted to meet exependiture on purchase or maintenance of uniform (4)Allowance where exemption does not depends on actual exependiture of employee [sec 10(14)] Amount of allowance or Amount specified in rule2 BB In case of following allowance Exemption = lower of Special compensatory (Hill area) allowance Exemption 800 P.M Boarder area allowance/remote area/disturbed area allowance Exemption 200P.M to 1300 P.M ॐ 6
7. (3) Tribal area/Scheduledd area allowance Max Exemption =200 P.M Allowance for transport employee i e an employee engaged in a transport co. Exemption = least of (a) 70% of allowance (b) 10,000 P.M (5) Children Education Allowance Max exemption 100 P.M per child to MAX of 2 children (6) Hostel expenditure allowance Max exemption 300 P.M per child to MAX of 2 children (7) Compensatory field area allowance Max exemption = 2600 P.M NOTE: If this exemption is taken, no exemption allowed for border area allowance (8) Compensatory modified area allowance Max exemption 1000 P.M NOTE: If this exemption is taken, no exemption allowed for border area allowance ॐ 7
8. (9) Counter insurgency allowance Max exemption =3900 P.M Exemption allowed to member of armed forces Available if employee is away from permenant location for more than 30 days Transport allowance Granted for going from place of residence to place of duty Max exemption --For normal employee 800 P.M --For blind or orthopardically handicapped employee 1600 P.M (11) Underground allowance For example –Employee in caol mines Max exemption =800 P.M (12) High altitude allowance Granted to employee of armed forces Altitude above 15000 ft Altitude of 9000-15000ft 1060 P.M 1600 P.M ॐ 8
9. (13) Highly active field area allowance For member of armed forces Max exemption=4200 P.M (14) Island duty allowance For members of armed forces In Andaman Nicobar & Lakshdeep Max exemption =3250 P.M (5)Allowance to govt employees outside india[Sec 10(7)] Totally exempt for an indian citizen (6) Tiffin allowance Taxable (7) Fixed medical allowance Taxable (8) Servant allowanceTaxable (9) Allowance to high court and supreme court judgesExempt (10) Allowance received from united nations organization(UNO)Exempt ॐ 9
10. Deduction U/S 16 Standard deduction Not available now Entertainment allowance NGE = No deduction CGE/SGE Deduct =least of the following Rs 5000 20% of basic salary Entertainment allowance granted during PY NOTES: E A should be added in Gross salary Profesional tax (Tax on employment) It should br added to gross salary only if it is paid by Employer on behalf of employee ॐ 10
11. PERQUISITIES “Perquisities may be defined as any casual emolument/benefit attached to an office or position in addition to salary” Perquisities are taxable under the head “Salaries” only if they are: (a) Allowed by an employer to his employee, (b) Allowed during continunance of employment (c) Directly dependent upon service, (d) Resulting in the nature of personal advantages to the employee, (e) Derived by virtue of employee’s authority i.e. employee is authorized to enjoy such perquisite. Specified employee A speceified employee means A director employee : An employee who is a director in the employer company for any time during the PY OR An employee : Who has a substantial interest in the employer company i.e. an employee who is benefical owner of equity shares carrying greater then 20% voting power in such company An employee : Drawing in excess od Rs 50000 i.e. Gross salary xxx (-) all non monetary benefits xxx (-) all monetary benefits exempt U/S16 xxx (-) deduction U/S16 greater then 50000 xxx ॐ 11
16. Cost of stay abroad---exemption=exependiture permitted by R.B.Iॐ 12
17. (2) Refreshment provided by employer to all employees during working hours in office permises. It includes -tea or snacks during office hours; -free meals during working hours in a remote area or in an offshore installation; -free meals during working hours through paid non-transferable voucher not exceeding Rs 50 per meal -Taxable if employee of NON FBT EMPLOYEE (3) Amount spent on training of employee of fees paid for refresher management course (4) Goods manufactured by the employer and sold to the employee at the concessional rates (5) Perquisities allowed outside india by govt to a citizen of india for rendering service outside india (6) Employer’s contribution to staff group insurance scheme ॐ 13
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19. Journey may be performed while in service or after retirement;
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21. (8) Free telephone including mobile phone exempted (9) Transport facility to railway employee or employees of airlines Exempt But if facility is provided by private transport undertaking its employees,then Taxable perquisities = Value of benefit (-) Amt received from the employee [NOTE; Taxable for employee of NON FBT employer] (10) Payment of annual premium by employer on personal accident policy effected by him on his employee (11) Free educational facility provided in an institute owned/maintained by employer to children of employeeMax exemption 1000 per month (12) Gift in kind uptoRs 5000 per year Exempt but gift in cash and cheque Taxable (13) Computer/laptop given(not transferred) to an employee for official/personal purpose (which is owned or hired by employer) Not taxable (14) Transfer of movable asset(other than computer,electronicitem,car) by employer to an employee after using it for 10 years or more without considerationNot Taxable (15) Interest free loan for medical treatment specified in rule 3A Not taxable (16) Initial fees paid by employer for acquiring corporate membership of clubNot taxable (17) Use of health club etc. provided uniformally to all employees by the employer->Not Taxable (18) Perodicals and journals provided for dis charge of workNot taxable (19) Conveyance facility provided to high court and supreme courtNot taxable (20) Conveyance facility provided to an employee to cover the journey between office and residence Not taxable (21) The value of any benefit provided free of cost or at concessional rate by a company to its employees by the way of allotment of shares debentures or warrents under employee stock plan Not taxable ॐ 15
22. (22)Tax on perquisities-in-kind paid by the employer Not taxable (23) Rent free accomodation Provided in a remote area to an employee working at a mining site or oil exploration site etc Not taxable provided on transfer of an employee in a hotel for not exceeding 15 daysNot taxable provided to high court judge,supreme court judge,official of parliament,union minister, leader of opposition Not taxable Following Perquisities are TAXABLE in hands of both SPECIFIED as well as NON-SPECIFIED EMPLOYEES: (1) Rent free Accomodation Accomodation includes house ,flat,farm house or part there of accomodation in hotel ,motel service apartment,guest house carvan, mobile home, ship or any other floating structure Rent free accomodation may be UNFURNISHED or FURNISHED ॐ 16
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24. (B) Valation of rent free FURNISHED accomodation:- Taxable value is calculated as under Taxable value of rent free unfurnished accomodationxxxx Add: 10% of original cost furniture, if furniture is owned by the employer xxxx OR Actual hire charges of furniture is hired by the Employer xxxx Taxable value of rent free furnished accomodationxxxx Note: (a) Furniture includes radio sets, television sets, refrigerators, air- conditioner and other housrhold appliances. (c) Valuation of perquisities if accomodation is provided in a hotel for more than 15 days:- Taxable value=24% of salary or actual charge of hotalwhich ever is less Note: If hostel accomodation is provided on employees transfer nothing is taxable ॐ 18
29. (C) When employee uses any automative conveyance other than car & expenses met by employer Used wholly for official purpose Nil if employer maintains complete details of Journey and gives certificate of official use Used partly for official and partly for private purpose Taxable value= Actual expense by employer (-) 600 p.m Important Notes: Month means each completed month as per englishcalander and part of the month should be left out No amount recovered from employee is deductible in case of car owned or hired by employer and used for official as well as private purpose .In other cases however amount so recovered is deductible from value of perqusities If more than one car is given value of first car should br calculated in usual maner and for the remaining car it is demend to have been used for personal as well as official purpose & the car is owned & Hier by employer and the Govt, Huf ,Charitable institution whose income is exempt ॐ 21
30. (4) Valuation of perquisities in respect of Motor car (i) Where car is owned by Employee:- (ii) Where car is owned or hired by employer:- Situation Value of perquisities from 1/4/01 (a) Running & maintaince expense Car expenses met by employee Not a Perquisities-Not taxable Not a Perquisitie-Not taxable Used wholly for official purpose (b) Running & maintaince expense Used wholly for Private purpose Owned by employer Nil if employer maintains complete details of journey and gives Certificate for official use Used wholly for official purpose Taxable value=10% p.a of cost of car(+)driver’s salary Used wholly for private purpose Hired by employer Taxable value=Hire charges (+) driver’s salary Taxable value= Actual exependiture of employer Taxable value= 1800 p.m if cc ≤ 1.6 litres OR 2400 p.m if cc ≥1.6 litrres (+) 900 p.m if chauffer is provided Used partly for official and partly for private purpose Taxable value= 600 p.m if cc ≤ 1.6 litres OR 900 p.mif cc ≥1.6 litrres (+) 900 p.m if chauffer is provided Used partly for official and partly for private purpose ॐ 22
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32. (6) Interest free loan at concessional rate of interest provided to the employee –(or any member of his household) Taxable for both specified and non specified employees. Taxable value= If loan is for house and conveyance and not for repairs Simple interest @ 8% p.a on maximum outstanding balance sheet of each loan as on last day of each month (-) interest actually paid by employee If loan is for any other purpose Simple interest @ 16% p.a on maximum outstanding monthly balance of each loan(-) Interest actually paid employee Note: If loan Amt ≤ Rs 20000 Nothing is taxable (7) Perquisitie in respect of use of movable asset by the employee&any member of his household Taxable for both specified and non specified employee Taxable value= 10% p.a of actual cost to the employer (-) amount paid/recovered from employee Assets owned by employer Taxable value= Rent paid or payable by employer(-) Amount paid/recovered from employee Assets hired by employer ॐ 24
33. (8) Perquisitie in respect of movable assets sold by an employer to its employee at a nominal price Taxable for both specified and non specified employees Taxable value is calculated as under- Actual cost of such assets to the employer xxxxxx LESS: Depreciation for each completed year which asset was put to use by the employer by RBM on MOTORCAR 20%(RBM) xxxxxx Electronic items @ 50%p.a and computer xxxxxx By SLM on any other assets @ 10% p.axxxxxx Taxable value xxxxxx Note: Electronic items include data storage and handling devices like computer , digital diaries and printer but do not include household appliances like washing machines, microwave ,ovens , mixers, hot plates , ovens etc ॐ 25
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36. Domestic servant allowance or allowance for engaging domestic servant is always chargeable to tax for all (10) Valuation for holiday home facilities i.e expenses met by employer for travelling ,touring and accomodation of employee Taxable value= Amount of expenditure by employer(-) amount paid/recovered from employee (11) Issue of right shares to an employee who is a shareholder –Not taxable (12) Any other perquisities Bills issued in the name of employee but paid by employer taxable for all Otherwise – taxable for only specified employees ॐ 26
37. PROVIDENT FUND Provident fund is retirement benefit. A certain amount is deducted from employee’s salary regularly as his contribution to P.F Employer also generally contributes the same amount to the fund . Interest is received on both these amounts and credited to the fund account . Whole Amount is paid to the employee at the time of his leaving the job or on retirement. There are four kinds of provident funds:- STATUTORY PROVIDENT FUND – It is act under the provisions of the provident funds Act 1925. it is maintained by govt and semi govt organizations, local authorities , railways ,universities and recognized educational institutions RECOGNISED PROVIDENT FUND- It is set up under the employee’s provident fund and Miscellaneous provision Act 1952. it is applicable to the establishments 20 or more employees can also join RPF UNRECOGNISED PROVIDENT FUND- If the provident fund is not recognized by the commissioner of Income Tax as Recognized Provident fund ,it is known as Unrecognized provident fund PUBLIC PROVIDEN FUND- This fund is developed by the central Govt for the benefit of general public. Both Salaried employees as well as self employed person can join this scheme. However no interest @ 8% p.a is credited to this fund at present. The accumulated sum Is payable after 15 years. ॐ 27