Salary PDF
Salary PDF
Salary PDF
HEAD SALARY
(Sec 15,16 & 17)
Salary includes:
• Wages
• Any annuity or pension
• Any Gratuity
• Any fees, commission, perquisite or profit
in lieu of salary or in addition to salary
• Any Advance Salary
• Leave Salary
• Amount transferred to PF
• Any other payment made or benefit
extended due to the employer-employee
relationship.
Basis of Charge
• Salary is taxable on RECEIPT OR DUE
whichever is earlier.
• BONUS is taxable on RECEIPT basis
• Arrears of salary paid to employee is
chargeable to tax.
Standard Deduction
• As per Section 16 (ia) a deduction of
fifty thousand rupees or the amount
of the salary, whichever is less.
TAX TREATMENT OF DIFFERENT
FORMS OF SALARY INCOME
• taxable on receipt basis in the A/Y relevant to the P/Y
in which it was received. (However relief can be
ADVANCE
SALARY claimed)
Hostel Allowance • Exempt upto 300 p.m. per child upto two children.
• If the employee has not complied with even a single condition, in that case
amount received shall be taxable but only that part which was exempt earlier.
Employer contribution and interest on employer contribution shall be taxable
under the head Salary. Interest on employee contribution shall be taxable under
the head Other Sources
Illustration
Mr. X retired from ABC Ltd. and received RPF balance
as given below-
Employer Contribution 5,00,000 - 15%
Employee contribution 5,00,000 - 15%
Interest employer contribution 1,00,000 - 10% p.a.
Interest employee contribution 1,00,000 - 10% p.a.
Employer contribution = 5,00,000 / 15% x
12% = 4,00,000 (Taxable under the head
Salary)
Interest on employer contribution =
1,00,000 /10% x 9.5% = 95,000 (Taxable
under the head Salary)
Interest on employee contribution=
1,00,000 / 10% x 9.5% = 95,000 (Taxable
under the head Other Sources)
Employee contribution 5,00,000 Exempt
Unrecognised Provident Fund
• Employer contribution and interest on employee and
employer contribution shall be exempt from income tax
so long as the employee is in employment but at the time
of leaving the job, employer contribution and interest on
employer and employee contribution shall be taxable,
however amount of employee contribution shall not be
taxed at the time of receipt because it has already been
taxed when the employee was in employment.
• The employer’s contribution and interest thereon is
taxable under the head salary but interest on employee
contribution shall be taxable under the head Other
Sources.
• No deduction is allowed under section 80C for employee
contribution.
Illustration
Mr. X retires from service on December 31, 2018, after 25 years of service.
Following are the particulars of his income/investments for the previous year
2018-19:
Particulars
Basic pay @ 16,000 per month for 9 months 1,44,000
Dearness pay (50% forms part of the retirement benefits) 8,000 per month for 9
months 72,000
Lumpsum payment received from the Unrecognised Provident Fund 6,00,000
Deposits in the PPF account 40,000
Out of the amount received from the provident fund, the employer’s share was
2,20,000 and the interest thereon 50,000. The employee’s share was 2,70,000 and
the interest thereon 60,000. What is the taxable portion of the amount received
from the unrecognized provident fund in the hands of Mr. A for the assessment
year 2019-20?
Amount taxable under the head “Salaries”:
Employer’s share in the payment received from
the URPF 2,20,000
Interest on the employer’s share 50,000
Total 2,70,000
Amount taxable under the head “Income from
Other Sources” :
Interest on the employee’s share 60,000
Total amount taxable from the amount
received from the fund 3,30,000
Statutory provident fund
• Statutory provident fund (also called Government
Provident Fund) is applicable in case of Government
employees and is regulated through Provident Fund Act,
1925.
• The Employer do not contribute to this fund hence there
is no tax treatment for employer contribution and interest
on employer contribution.
• Interest on employee contribution is exempt from Income
Tax.
• Further, the lump sum payment from such provident fund
at the time of retirement or termination of service is also
exempt from tax. Deduction shall be allowed under
section 80C for employee contribution
NIL NIL
Illustration
Mr. X is employed in ABC Ltd. getting basic pay
12,000 p.m. and dearness allowance 5,000 p.m.
forming part of salary. He has contributed 3,000
p.m. to the recognised provident fund and
employer has also contributed an equal amount.
During the year interest of 25,000 was credited @
8.5% p.a. Employer has provided rent free
accommodation to the employee for which rent
paid by the employer is 5,000 p.m. The employee
has encashed one month leave and was allowed
leave salary of 17,000. Compute his income under
the head salary for the previous year 2018-19.
Basic Pay (12,000 x 12) 1,44,000
Dearness Allowance (5,000 x 12) 60,000
Leave Salary 17,000
Rent free accommodation {Sec 17(2)(i) Rule 3(1)} 33,150
Working Note:
15% of rent free accommodation salary or rent paid whichever is less
Rent free accommodation salary = Basic Pay + Dearness Allowance +
Leave Salary = 1,44,000 + 60,000 + 17,000 = 2,21,000
15% of rent free accommodation salary 33,150
Rent paid = 5,000 x 12 60,000
Perquisite value of rent free accommodation 33,150
Employer’s contribution to recognised provident fund in excess of 12%
of retirement benefit salary {Rule 6 of Part A of schedule IV} 11,520
(36,000 – 24,480)
Gross Salary 2,65,670
Less: Standard Deduction u/s 16(ia) (50,000)
Income under the head Salary 2,15,670
Taxability of Gratuity
• Death cum retirement gratuity
Section 10(10)
• Tax treatment of gratuity is as under:
– Employees of State EXEMPT FROM TAX
Government/Central
Government/Local Authority
– Employees covered under payment of
Gratuity Act 1972
– Any other employee
B-Any gratuity received by the employees covered under
payment of Gratuity Act 1972, shall be exempt to the extent
of the least of the following:
(i) Gratuity received
(ii) 20,00,000 10,00,000
(iii) 15 days salary for each completed year of service or part
thereof in excess of six month.
Answer:
5,67,308
Solution:
Compensation actually received = 10,00,000
Statutory limit = 5,00,000
Amount calculated in accordance with the provisions of
section 25F of the Industrial Disputes Act, 1947
15/26 x (20,000+5,000) x 30 = 4,32,692
Therefore, 4,32,692, being the least of the above limits,
would be exempt under section 10(10B). The taxable
retrenchment compensation will be :
Retrenchment compensation received 10,00,000
Less: Exemption under section 10(10B) (4,32,692)
Taxable Retrenchment Compensation 5,67,308
Voluntary Retirement Scheme
Least of the following shall be exempt :
1. Amount Received
2. ₹ 5,00,000/-
3. a) 3 months Salary * Every completed
year of Service
b) Salary of the balance months of service
left before his normal retirement.
Salary= Retirement Benefit Salary
Illustration
Mr. X received voluntary retirement compensation of 7,00,000
after 30 years 4 months of service. He still has 6 years of service
left. At the time of voluntary retirement, he was drawing basic
salary 20,000 p.m.; Dearness allowance (which forms part of pay)
5,000 p.m. Compute his taxable voluntary retirement
compensation.
Answer:
2,00,000
Solution:
Voluntary retirement compensation received 7,00,000
Less: Exemption under section 10(10C) [Note 1] (5,00,000)
Taxable voluntary retirement compensation 2,00,000
Note 1: Exemption is to the extent of least of the following:
(i) Compensation actually received = 7,00,000
(ii) Statutory limit = 5,00,000
(iii) Last drawn salary × 3 × completed years of service = (20,000 +
5,000) × 3 × 30 years = 22,50,000
(iv) Last drawn salary × remaining months of service = (20,000 +
5,000) × 6 × 12 months = 18,00,000
Taxability of Pension
Family Pension
• Pension received by the family after
death – Taxable in the hands of
recipient under head Other Sources
and Deduction of 1/3rd OR ₹15,000/-
whichever is less, shall be given.
Illustration
• Mr. X retired w.e.f 01.10.2018 receiving 5,000
p.m. as pension. On 01.02.2019, he commuted
60% of his pension and received 3,00,000 as
commuted pension. You are required to
compute his taxable pension assuming:
• a. He is a government employee.
• b. He is a non-government employee, receiving
gratuity of 5,00,000 at the time of retirement.
• c. He is a non-government employee and is in
receipt of no gratuity at the time of retirement
(a) He is a government employee.
Uncommuted pension received (October – March) 24,000
[( 5,000 × 4 months) + (40% of 5,000 × 2 months)]
Commuted pension received 3,00,000
Less : Exempt u/s 10(10A) (3,00,000) NIL
Taxable pension 24,000
(b) He is a non-government employee, receiving gratuity 5,00,000 at the time of retirement.
Uncommuted pension received (October – March) 24,000
[( 5,000 × 4 months) + (40% of 5,000 × 2 months)]
Commuted pension received 3,00,000
Less: Exempt u/s 10(10A) 1/3*300000/60% * 100% (1,66,667) 1,33,333
Taxable pension 1,57,333
(c) He is a non-government employee and is not in receipt of gratuity at the time of
retirement.
Uncommuted pension received (October – March) 24,000
[ ( 5,000 × 4 months) + (40% of 5,000 × 2 months)]
Commuted pension received 3,00,000
Less : Exempt u/s 10(10A) 1/2*300000/60% * 100% (2,50,000) 50,000
Taxable pension 74,000
Illustration
Mr. X is employed in ABC Ltd. getting basic pay 22,000 p.m.,
dearness allowance 5,000 p.m. He was retired on 21.12.2018. The
employer has allowed him pension of 9,000 p.m. and the employee
has requested for commutation of 52% of his pension. The employer
has allowed him such commutation on 01.02.2019 and has paid
5,61,600. The employer has paid him gratuity of 6,95,000 and
employee has completed service of 20 years and 11 months.
Compute Tax Liability for the Assessment Year 2019-20.
Answer:
9,50,000
Basic Pay 12,00,000.00
(1,00,000 x 12)
Contribution to the pension fund by CG 1,20,000.00
(10,000 x 12)
Gross Salary 13,20,000.00
Less: Standard Deduction u/s 16 (ia) (50,000.00)
Income under the head Salary 12,70,000.00
Gross Total Income 12,70,000.00
Less: Deduction u/s 80C 1,00,000.00
Less: Deduction u/s 80CCC 3,000.00
Less: Deduction u/s 80CCD 1,20,000.00 (employee contribution)
Deduction under section 80C + 80CCC + 80CCD 1,50,000.00
Additional Deduction u/s 80CCD 50,000.00
Employer contribution 1,20,000.00 (3,20,000.00)
Total Income 9,50,000.00
Taxability of Leave Salary/
Encashment of Leave
Illustration
Mr. X is retired from ABC Ltd. on 10.11.2018 after serving the
employer for 20 years and 10 months. The employer has paid him
leave salary of 5,00,000. The employee was entitled for 1 month leave
per year of service. During entire service, he has availed 6 month
leave and has encashed 7 month leave. The employee was getting
basic pay 27,000 p.m. but it was increased to 33,000 p.m. w.e.f. 01-
07-2018. He was getting DA 9,000 per month but it was increased to
12,000 per month w.e.f. 01-07-2018. 50% of DA forms part of salary.
Compute his Tax Liability for the Assessment Year 2019-20.
Basic Pay [(27,000 x 3)+(33,000 x 4)+(33,000 /30 x 10)] 2,24,000.00
DA [(9,000 x 3)+(12,000 x 4)+(12,000 /30 x 10)] 79,000.00
Leave Salary {Sec 10(10AA)} 2,56,750.00
Working Note: Least of the following is exempt:
Calculation of average
1. 5,00,000 salary
2. 10 x 34,750 = 3,47,500 11-01-2018 to 10-11-2018
3. 3,00,000 Basic Pay [(27000/30 x 20)
4. 7 x 34,750 = 2,43,250 + (27,000 x 5) + (33,000 x
4)+ (33,000/30x10)] =
Received = 5,00,000
2,96,000
Exempt = (2,43,250) Dearness Allowance
Taxable = 2,56,750 [(4,500/30 x 20) + (4,500 x
Computation of leave at the credit 5) + (6,000 x 4)+
Leave Entitlement = 1 month x 20 = 20 month (6,000/30x10)] =
51,500
Less: Leave availed = (6) month Total 3,47,500
Less: Leave Encashed = (7 ) month Average Salary =
Leave at the credit = 7 month 3,47,500/10 = 34,750
Gross Salary 5,59,750.00
Less: Standard Deduction u/s 16 (ia) (50,000.00)
Income under the head Salary 5,09,750.00
Gross Total Income 5,09,750.00
Less: Deduction u/s 80C to 80U Nil
Total Income 5,09,750.0
Professional Tax/Employment Tax
• As per article 276 of Indian constitution, state government
is empowered to levy a tax on profession, business or
employment and such tax shall be called professional tax
or employment tax.
• If the person has business or profession, such tax can be
debited to profit and loss account on actual payment basis
and if the assessee is the employee he will be allowed to
claim deduction from gross salary under section 16(iii) to
compute income under the head salary.
• If the amount has been paid by the employer on behalf of
the employee, it will be first included in gross salary under
section 17(2)(iv) and subsequently deduction is allowed
under section 16(iii).
Illustration
Mr. X is employed in Central Government
getting basic pay 14,000 p.m., dearness
allowance 5,000 p.m., House rent allowance
4,000 p.m. w.e.f. 01.07.2018. However,
employee is residing in the house of his
parents. Employer has paid cash allowance
300 p.m., medical allowance 250 p.m.
Employer has paid professional tax 75 p.m. on
behalf of the employee. Compute employee’s
income under the head Salary and Tax Liability
for the Assessment Year 2019-20.
Basic Pay (14,000 x 12) 1,68,000.00
Dearness allowance (5,000 x 12) 60,000.00
House rent allowance {Sec 10(13A) Rule 2A 36,000.00
Received = 36,000 Exempt = Nil Taxable = 36,000
Cash Allowance (300 x 12) 3,600.00
Medical Allowance (250 x 12) 3,000.00
Entertainment Allowance (400 x 12) 4,800.00
Professional tax paid by employer (75 x 12) 900.00
Gross Salary 2,76,300.00
Less: 16(iii) Professional Tax (900.00)
Less: Standard Deduction u/s 16(ia) (50,000.00)
Income under the head salary 2,25,400.00
Gross Total Income 2,25,400.00
Less: Deduction u/s 80C to 80U Nil
Total Income 2,25,400.00