Deepika Rathore

Deepika Rathore

Article discusses Tax Treatment of Various  retirement benefits i.e Gratuity, Leave Encasement, Commuted Pension, Uncommuted Pension, Statutory Provident Fund, Recognised Provident Fund and Unrecognised Provident Fund. 

GRATUITY 

Gratuity is a payment made by Employer to an Employee in appreciation of the Past Services Rendered By the Employee.Gratuity can Either be Received by:-

a) The Employee Himself at the Time of Retirement

b) The Legal Heir on the event of the death of the Employee.

Gratuity received by an Employee on his Retirement is Taxable under the Head “Salary” Whereas Gratuity received by the Legal Heir of the Deceased Employee Shall be Taxable under the Head”Income From Other sources”.

As Per Payment of gratuity Act 1972 Gratuity Shall be Payable to an employee on the termination of his Employment after he has rendered continuous Service for not less than 5 Years:-

a) on Superannuation

b) on Retirement or Resignation

c) on Death or Disablement due to accident or Disease

However , the Completion of Continuous Service of 5 Years shall not be necessary where the Termination of the Employment of any Employee is due to Death or Disablement

EXEMPTION OF GRATUITY UNDER SECTION 10(10)

Government Employees & Employees of Local Authority   Employees Covered under Gratuity Act Any other Employees/Employees not Covered under Grauity Act
Fully Exempt Minimum of the following three limits:-

1) Actual Gratuity Received

2) 15/26*last drawn Salary*Completed Year of service

3) Rs. 10,00,000

Salary Means:-Basic + *Dearness Allowance *whether forming part of retirement benefit or not

Completed Year of Service:- More than 6 Months Shall be Taken as Completed Year.A Period of 6 Months or Less than 6 Months shall be ignored.

Minimum of the following three limits:-

1) Actual Gratuity Received

2) 15/30*Average Salary *Completed Year of Service

3) Rs. 10,00,000

Salary Means:-Basic Pay+Dearness Allowance(to the extent forming part of retirement benefits)+Commission(Fixed  Percentage of Turnover)

Average Salary Means:-Average  Salary of Last 10 Months  Preceding the Month in Which Retirement occurs.

Completed Year of Service:- A Period of 6 Months or Less than 6 Months shall be ignored.

NOTES:-

Where an Assessee had Received Gratuity in any Earlier Years and had Claimed Exemtion Under Section 10(10) in Respect of the Gratuity Received Earlier also,he will still  be Entitled to this Exemtion but the Limit Which at present is Rs. 10,00,000 shall be reduced by the Amount of exemption availed in earlier Year.  If Gratuity is Received from More than one Employer in the Same Previous Year ,by an Employee the Limit of Rs. 10,00,000 Would Apply to the Aggregate of Gratuity Received  from one or more Employers.

The Word “Completed Service” Occuring in Section 10(10) should be interprated to mean an Employee Total service under Different Employers,provided he was not paid
Gratuity by Former Employer.

PENSION

Pension is a payment made by the Employer after the Retirement /Death of the Employee as a Reward for Past Service.

Pension is normally paid on Monthly Basis but Employees can also receive a lum sum amount by Surrendering such portion of pension ,this is known as Commutation of Pension

UNCOMMUTED PENSION

It is Fully Taxable in the Hand of all Employees,Whether Government or Non Government.

EXEMPTION OF COMMUTED PENSION UNDER SECTION 10(10A)

Government Employees & Employees of Local Authority and Employees of Statutory Corporation Any other Employees
FULLY EXEMPT If Gratuity is not Received

1/2 of Normal Pension is Exempt

If Gratuity is  Received

1/3 of Normal Pension is Exempt

Normal Pension means:- Total Pension which Employee is Entitled to Receive at the time of retirement. includes (commuted pension and uncommuted Pension).

NOTE:-

Family Pension Received by the legal Heirs after the Death of the Employee is Taxable in the Hands of the Legal Heir under the Head “Income from Other Sources” Because in this Case there is no Relationship of Empoyer and Employee.

LEAVE SALARY

Employees are Entitled to Various Type of Leave While in Service. The Leave May either be availed by them or in Case These are not Availed of,these may either lapse or these are allowed to be encashed every year or these are accumulated and encashed after Retirement or Death,but in most the cases the Employee is Entitled to accumulate his unavailed leave and encashment of such accumulated leave is done only at the time of Retirement/Resignation or Death.

ENCASHMENT OF LEAVE DURING TENURE OF SERVICE:-

It is Fully Taxable in the Hand of all Employees,Whether Government or Non Government.

EXEMPTION OF LEAVE ENCASHMENT AT THE TIME OF RETIREMENT UNDER SECTION 10(10AA)

Government Employees & Employees of Local Authority and Employees of Statutory Corporation Any other Employees
FULLY EXEMPT Minimum of the following Four limits:-

1.) Leave Encashment Actually Received

2.) 10 Months * Average Salary per Month

3.) 3,00,000

4.) Unavailed Leave as per Income Tax * Average Salary Per Month/Per Day

Salary Means:-Basic Pay+Dearness Allowance(to the extentforming part of retirement benefits)+Commission(Fixed Percentage of Turnover)

Average Salary Means:-Average  Salary of Last 10 Months Preceding the Date on Which Retirement occurs.

Unavailed Leave:- Unavailed Leave is Calculated on the basis of Maximum 30 Days Leave for Every Year of Actual Service Rendered to the Employer from Whose Service he has Retired.This is Calculated in Below Manner.

In Days:- 30 Days * Number of Years of service – Actual Availed Leave

In Months:- 1 Month * Number if Years of Service – Actual Availed Leave

NOTES:-

Leave Salary Paid to legal Heirs of a deceased Employee in Respect of Privilege Leave Standing to the Credit of Such Employee at the time of His/Her Death is an Ex Gratia Payment on Compassionate Grounds in the Nature of Gifts.Thus the Payment is Not in the Nature of Salary.

Where an Assessee had Received Leave Salary in any Earlier Years and had Claimed Exemtion Under Section 10(10AA) in Respect of the Leave Salary Received Earlier also,he will still be Entitled to this Exemtion but the Limit Which at present is Rs. 3,00,000 shall be reduced by the Amount of exemption availed in earlier Year.

If Leave Salary is Received from More than one Employer in the Same Previous Year ,by an Employee the Limit of Rs. 3,00,000 Would Apply to the Aggregate of Gratuity Received from one or more Employers.

PROVIDENT FUND

Provident Fund Scheme is a Welfare Scheme for the benefit of Employees.Under this Scheme,certain Sum is deducted by the employer from Employee’s Salary as his Contribution to the  Provident Fund every Month.The Employer Also Contributes a Certain Percentage of the Salary of the Employee to Provident Fund.These Contributions are deposited/invested.The Interest Earned is also credited to provident fund Account of the Employees.

TAXABILITY OF PROVIDENT FUND:-

STATUTORY PROVIDENT FUND(SPF) RECOGNISED PROVIDENT FUND(RPF) UNRECOGNISED PROVIDENT FUND
Exempt 12% of Salary 

OR

Actual Contribution by Employer

Whichever is Less is Exempt

Salary means Basic Pay ,Dearness Allowance(forming

part of Retirement Benefits),Commission(Fixed

percentage of turnover)

Exempt
Not Taxable and Eligible for Deduction under section 80C Not Taxable and Eligible for Deduction under section 80C Not Taxable
Exempt 9.5% of Accumulated Balance

OR

Actual Interest by Employer Whichever is Less is Exempt

Exempt
Exempt

Exempt

Employer Contribution

Fully Taxable

Interest on Employer Contribution

Fully Taxable

Employee Contribution

Exempt

Interest on Employee Contribution

Taxable under “Other Sources Head”

More Under Income Tax

Posted Under

8 responses to “Income Tax Exemption in Respect of retirement benefits”

  1. NITHESH ROHATGI says:

    GALANTRY AWARD WINNERS ARE ALSO EXEMPT FROM TAX ON PENSION

  2. Davidson D'sa says:

    Awaiting response on my query

  3. Davidson D'sa says:

    Would like to know who is a government employee? An employee, belonging to a government company, as may be defined under Companies act, would he/she constitute government employee? PSU, where the holding of government is more than 51%, would it constitute government company? Where the holding of Governement is 100%, would it constitute a PSU or Government Company?There is no concept of PSU in Income Tax Act, but treatment for tax purposes is not in line with the one provided for government employees. Can you please clarify? This would impact the tax liability of the PSU employee substantially and adversely.

    • Deepika rathore says:

      Generally employees working in govt departments are govt. Employees it includes post office employees, railway employees, local body employees

  4. Davidson D'sa says:

    Would like to know who is a government employee? An employee, belonging to a government company, as may be defined under Companies act, would he/she constitute government employee? PSU, where the holding of government is more than 51%, would it constitute government company? Where the holding of Governement is 100%, would it constitute a PSU or Government Company?There is no concept of PSU in Income Tax Act, but treatment for tax purposes is not in line with the one provided for government employees. Can you please clarify? This would impact the tax liability of the PSU substantially and adversely.

  5. DR COLONEL R K SAXENA says:

    deepika rathaur ji.
    good article on pension and taxes. but art 10 of IT does not speak much about IT by defence pensioners hence there is much confusion in CPPC of different banks.
    Some retired defence persons get say total 100000/- as total pension credited to bank. Out of this say 7800/- is disability pension. Rest 9220/0- of their pension is taxable or not ??. Also clarify is this amount 92200/- called service element (SE) of pension. Neither banks, nor CPPC, nor CDA pension allahabd, nor CBDT has really clarified this.

    • Deepika rathore says:

      PRESS RELEASE, DATED 20-12-2007

      IT HAS BEEN REPORTED IN THE PRESS THAT SOME BANKS WERE DEDUCTING TAX FROM PENSION OF DISABLED EX-SERVICEMEN IN VIOLATION OF GOVERNMENT INSTRUCTIONS.
      RBI WAS REQUESTED TO HAVE THE MATTER INVESTIGATED AND REMEDIAL ACTION TAKEN. AFTER EXAMINATION, RBI DISCOVERED THAT IN ONE SPECIFIC INSTANCE, DUE TO OVERSIGHT, THE PENSIONER’S DISABILITY PENSION WAS WRONGLY TAKEN INTO ACCOUNT WHILE CALCULATING INCOME-TAX.

      RBI HAS ISSUED INSTRUCTIONS TO ALL AGENCY BANKS TO STRICTLY ADHERE TO THE PROVISIONS OF PARA 88.3 OF DEFENCE PENSION PAYMENT INSTRUCTIONS, 2005, REGARDING EXEMPTION OF INCOME-TAX OF THE DISABILITY PENSION OF THE PENSIONERS OF ARMED FORCES. BANKS HAVE BEEN ADVISED TO ISSUE SUITABLE INSTRUCTIONS TO ALL THEIR PENSION DISBURSING BRANCHES THAT INCOME-TAX SHOULD NOT BE DEDUCTED FROM THE DISABILITY PENSION PAID TO THE PENSIONERS OF THE ARMED FORCES.

      Conclusion

      The disability pension given to Armed Forces Personnel are having two components-disability element & service element. Both are tax free vide Ministry of Finance notification read with clarification from CBDT and also there can not eb any TDS as the amount is fully tax free.

  6. D Prem Nath says:

    A concise yet informative article at the right time of the year. Well done.

    D.Prem Nath
    Chief Manager (rtd)
    I O B

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