salaries (u/s 15 to 17)

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SALARIES (U/S 15 to 17) The topic is discussed under, ‘ Who, When, Where & How’ of taxing Salary income. Who is taxed: 1. Employees are taxed. 2. Employer- employee, Master Servant relation ship should exist. Person receiving remuneration for services rendered is taxed under ‘Salary’ income. Payee must be working under an agreement of service. 3. Payment should be received from the employer. 4. If received from a person other than an employer, the same would be considered under ’Income from other sources’ and not under’ salaries’. Remuneration to a Director, being an employee of the Company is taxable. Salary, Bonus , commission paid to a partner is treated as distribution of ‘Profits from business’ and not as ‘Salaries’. Remuneration to MP, MLAs are not employees of the Government, Parliament or Assembly. So cannot be treated as ‘Salary’. When is Salary taxed: Salary is taxed in the following cases. a. Any salary due from an employer in the previous Year, whether paid or not. b. Any salary paid by an employer in the previous Year, whether due or not. c. Any arrears paid / allowed in the previous Year, if it has not been taxed in the earlier year. Example: Mr. Bilal, an employee of Indian Oil Company Ltd. Submitted the following information: 1. Salary is paid @8000 p.m on the last day of the month. 2. He received the April’08 salary Rs.8000 in advance on 31.3.08.

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Page 1: Salaries (u/s 15 to 17)

SALARIES (U/S 15 to 17)

The topic is discussed under, ‘ Who, When, Where & How’ of taxing Salary income.

Who is taxed:1. Employees are taxed. 2. Employer- employee, Master Servant relation ship should exist. Person receiving remuneration for

services rendered is taxed under ‘Salary’ income. Payee must be working under an agreement of service.

3. Payment should be received from the employer.4. If received from a person other than an employer, the same would be considered under ’Income

from other sources’ and not under’ salaries’.

Remuneration to a Director, being an employee of the Company is taxable.Salary, Bonus , commission paid to a partner is treated as distribution of ‘Profits from business’ and not as ‘Salaries’.Remuneration to MP, MLAs are not employees of the Government, Parliament or Assembly. So cannot be treated as ‘Salary’.

When is Salary taxed:

Salary is taxed in the following cases.

a. Any salary due from an employer in the previous Year, whether paid or not.b. Any salary paid by an employer in the previous Year, whether due or not.c. Any arrears paid / allowed in the previous Year, if it has not been taxed in the earlier year.

Example:Mr. Bilal, an employee of Indian Oil Company Ltd. Submitted the following information:

1. Salary is paid @8000 p.m on the last day of the month.2. He received the April’08 salary Rs.8000 in advance on 31.3.08.3. He also received salary arrears Rs.40000 pertaining to 2003-04.

Compute the amount of salary taxable during the previous year 2007-08.

Solution:

Page 2: Salaries (u/s 15 to 17)

Mr. BilalPrevious year: 2007-08 Assessment Year:2008-09

Particulars of Income Rs.

A.Salary for the period 1.4.07 to 31.3.08 whether paid or dueSalary from April’07 to March’08 whether paid or not @8000 p.m

B. Salary received in the previous year, whether due or notSalary for April’08, received in advance in Mar.’08 (It won’t be taxed again in the following year)C. Arrears of salary of 2003-04 received in the previous yearArrears of salary of 2003-04 received (assuming that it was not charged to tax in earlier years)

96000

8000

40000

Total Taxable Salary in the Previous Year 2007-08 144000

Next question is determining where the salary accrues to the employee. Salary accrues in India if it is earned in India. Salary paid for leave period and other benefits preceding or succeeding such services rendered in India also is deemed to accrue in India.However, salary earned by Indian Citizen from Government of India, is deemed to accrue in India. E.G:Indian Diplomats. Perks & allowances are exempt.

Illustration:Mr. Anil ,Ambassador from India posted to Washington is paid Salary of Rs.180000 andAllowances of Rs.45000.

Despite his being a non resident by status during the previous year, he cannot claim that his salary and perks will be tax exempt as his services were rendered outside India.U/S 9(1) (iii), salary paid to an Indian Citizen by the Indian Government is deemed to accrue in India and is taxable. Allowances are exempt from tax.

What is included in’Salary’:1. Salaries, wages and advance against salary / wages2. Annuity / pension3. Gratuity4. Fees/ commission5. Perquisites6. Profits in lieu of / in addition to salaries/ wages7. Incentive/ bonus8. Contribution made by Central Government or any other employer in the account of the

employee under new pension scheme effective 1.4.049. Leave encashment10. Annual accretion in RPF to the extent taxable11. Transferred balance to a RPF to the extent taxable

Page 3: Salaries (u/s 15 to 17)

To sum up,I. It is the gross salary that will be taxed and not the net received by the employee

II. All voluntary payments will be added to taxable income.III. Amounts recd. By way of remuneration exempted U/S 10 will be excluded while

computing salary income.Perquisites: Perquisites is additional income / benefit in addition to regular salary derived by virtue of employment in addition to salary.Perquisites comprise of,1.Perquisites taxable in case of all employees2.Perquisites taxable in case of specific employees like directors etc.3.Perquisites not taxed.

1.Perquisites taxable in case of all employees:The following perquisites are taxable in the hands of all employees:a. value of rent free accommodationb. value of concession in rent in respect of accommodation provided.

Concession in rent will be as below:Employer

Own accommodation Hired accommodation

Own Furniture

Hired Furniture

Govt.Others

License FeeSpecified Percentage Lower of 15%

Of salary or Rent

10%p.a x Cost10%p.a x Cost

Hire ChargesHire Charges

1. If rates of recovery from employee is less than the ones shown above the difference is treated as parks. % specified will vary as shown below:

Population above 25 lakhs 15% of salaryPopulation above 10 lakhs, but less than 25 lakhs 10% of salary Population Less than 10 lakhs 7.5% of salary

2. Salary includes Basic, D A , Bonus, commission, fees, taxable allowances and monetary payments. Exclusions: D A not considered for calculating retirement benefits, Employer’s contribution to PF, exempt allowances and perks U/S 17(2).

3. Furniture will include TV, Radio, Fridge, Household appliances, A/Cs and similar equipments and gadgets.

c.Sum paid by the employer of any obligation payable by the employeed.Sum paid by the employer for any assurance on the life of the assessee, or a contract for annuity other than contribution for (a) Recognised Provident Fund, (b) Approved Superannuation Fund or (c) Deposit linked Insurance Fund.e.Value of any other Fringe Benefit / amenity such as (i) Interest free / concessional loan (ii) use of movable Assets and (iii) transfer of movable assets (excluding Fringe Benefits taxable in the hands of the employer.

Page 4: Salaries (u/s 15 to 17)

Perks Taxable In Case Of Specified Employees: - Specified Employees:

I. A directorII. An employee having substantial interest interest in the company. ( holding more than 20% or more

voting power).III. Any other employee with a salary of more than Rs.50000 in the previous year. The amount of

Rs.50000 is arrived at after excluding non monetary benefits, entertainment allowance and profession tax U/S 16.

The perks that are taxable in case of specified employees are, Gas, electricity, water provided free of cost Free education facilities for employees, their family members Free domestic help such as sweeper, watchman, cook, gardner.

Taxfree perquisites:U/S 17

1. Cost of medical treatment in a hospital maintained by employer, provided to an employee or his family.

2. Reimbursement of medical expenses incurred by a employee / his family in a hospital maintained by Government or any other local authority.

3. Any sum paid by the employer direct to a hospital approved by Chief C I T for medical treatment to an employee or his family.

4. Reimburement by employer of any expenses incurred by the employee on medical treatrment of self or family in any hospital approved by CCIT provided that the employee will attach with his return of income a certificate from the hospital specifying the disease or ailment for which medical treatment was required and receipt for amount paid to the hospital for such treatment.

5. Reimburement of medical expenses upto Rs.15000 incurred by the employee on medical treatrment of self or family in the previous year.

6. Premium on Employee Health Insurance under any Scheme approved by Central Government U/S 36(1) (ib).

7. Premium on Insurance (Medi Claim) on the health of the employee or his family members under any Scheme approved for the purpose of S80D.

8. Expenditure incurred by employer on:Medical treatment of the employee or his family members outside India.

i.Travel / stay abroad of the employee or his family members outside India for medical treatment.

ii.Travel / stay abroad of one accompanying attendant in connection with the treatment.

Page 5: Salaries (u/s 15 to 17)

iii.Expenses of treatment and stay exempt only to the extent permitted by Reserve Bank of India.

iv. Expenses on travel will be exempt only if gross total income of the employee does not exceed Rs. 200000 in the previous year.

9. Reimbursement of the expenses detailed above.

10. Value of benefit provided by the company under ESOP – Employees Stock Option Scheme or Employees Stock Purchase Scheme in accordance with SEBI guidelines are exempt from tax. Under such ESOP , shares, debentures or warrants are allotted by the company to its employees free of cost or at a concessional rate.

11. Fringe Benefits. These are taxable in the hands of the employer and so are not taxed as perks in the hands of the employees. ‘Fringe Benefits‘ as per section 115WB(1) means means any consideration for employment provided by way of:

1. Any privilege, service, facility or amenity by way of reimbursement or otherwise to employees.

2. Any free or concessional ticket provided by the employer for private journeys of his employees/ family members.

3. Any contribution by employer to an approved superannuation fund for employees.4. Entertainment5. Provision of hospitality (excludes any expenditure on food / beverages in office or

factory or through non transferable paid vouchersusable only at eating joints).6. Conference (not being participation fee by employees in any conference) including

expenditure on conveyance, tour and travel (including foreign travel), on hotel, boarding and lodging in connection with any conference.

7. Sales promotion including publicity8. Employees welfare (excluding expenditure on / payment made to fulfill any statutory

obligation or mitigate occupational hazards or provide first aid facilities in the hospital / dispensary run by the employers).

9. Conveyance, tour and travel (including foreign travel).10. Use of hotel, boarding and lodging facilities11. Repair, running (fuel included), maintenance of motorcars and depreciation thereon.12. Repair, running (fuel included), maintenance of aircrafts and depreciation thereon.13. Use of phone (mobile phones)other tha expenditure on leased lines.14. Maintenance of any accommodation in the nature of guest house (other than

accommodation used for training purposes).15. Festival celebrations16. Use of health club and similar facilities.17. Use of any other club facilities.18. Gifts19. Scholarship

Perks not taxable at all as per CBDT Circular and directives:1. Allowances to Judges of High Court & Supreme Court2. Allowances to employees of U N O

Page 6: Salaries (u/s 15 to 17)

3. Recreation provided to employees as a group4. Expenses on training employees5. Goods manufactured by employer sold to employees at concessional rates.

The following are taxable under the head profit in lieu of salary S17(3).1. Compensation for termination of employment is taxable except compensation paid U/S 10.2. Retrenchment compensation paid to workers U/S 10 (10B)3. Voluntary Retirement Compensation paid to employees U/S 10 (10C)4. Contribution to PF and interest in excess of specified % .

5. In case of statutory PF U/S 10(11) Employer’s contribution in Pr. Year is exempt. The interest credited during the previous year and the lump sum payment on retirement is also exempt.

6. In case of Recognised PF U/S 10(12) Employer’s contribution in Pr. Year is exempt upto 12% of Basic Salary. The interest credited during the previous year is exempt to the extent of 9.5% and the lump sum payment on retirement is exempt subject to specified rules of the Fund.

7. In case of unrecognised PF U/S 17(3) Employer’s contribution in Pr. Year is exempt. The interest credited during the previous year is also exempt. and the lump sum payment on retirement and interest are taxable as ‘income from other sources’.

8. When unrecognized PF balance is transferred to RPF, transferred balance is taxable to the extent it is taxable, i.e employer’s contribution over 12% and interest in excess of 9.5%. under the head ‘deemed income’ towards salaries.

Allowances:All allowances are taxable unless specifically exempted.

Exempt U/S S10Allowances for expenses on travel on tour or transfer, conveyance for office duties, outstation duties, professional research, development, purchase and maintenance of uniform, to the extent of actual expenses incurred.

LTA & HRA exempt to the extent of prescribed limits or actual expense whichever is less.

Allowances for duties in border area/ remote/ disturbed/ tribal area are exempt to the extent of actuals or prescribed limits, whichever is lower.

EXEMPTIONS:Leave Travel Concession U/S 10(5):In the case of an individual, the value of any LTC received from employer for himself and his family (comprising of spouse, children, parents and dependant brothers and sisters) in connection with his proceeding on leave to any place in India.

On proceeding to any place in India after retirement from service or after termination of service.

Page 7: Salaries (u/s 15 to 17)

This will be subject to conditions prescribed and will be limited to the actuals incurred or the limit stipulated – lesser of the two.

Gratuity U/S 10(10)Gratuity is exempt from salary, depending upon the classification / category of employee. Any gratuity paid during employment is treated as salary and is taxed.

Gratuity received by employee of Central Government, Union Government, State Governments, Local Authority and defense are entirely exempt from Income Tax.

All persons employed in shops, factories, establishments employing more than 10 persons are covered under Payment of Gratuity Act. Under this Act,

Gratuity will be tax exempt to the extent of lesser of the following : Amount received as gratuity Rs.350000 Amount equivalent to last drawn salary @ 15 days for each 26 days completed per year of service.

1. Basically gratuity is equal to 15 days salary (based on last drawn salary) for every completed year of service. For Gratuity under the Payment of Gratuity Act part of year over 6 months will be treated as an year.

2. In case of seasonal employment ‘7 days salary is considered instead of 15 days.

3. 26 days indicate working days of the month.

4. Salary includes basic & DA but excludes bonus, commission, overtime, other allowances etc.

PROBLEM:‘X’ covered under Payment of Gratuity Act 1972 retired on 30.8.07. at the time of retirement he was drawing a basic salary of Rs.20000 and 10% as DA.He joined the Company in 1.4.90. He was paid gratuity of Rs.250000.Compute taxable Gratuity for the financial year 2007-08.

Last drawn salary: Basic + DA = 20000+2000=Rs.22000 p.mService =17 years and 5 months +17YearsAt the rate of 15 days salary =17 x 22000/26 =215770Exempt Gratuity is the least of:

1. 15 days salary 2157702. Rs.3500003. Paid Rs.250000

Exempt Gratuity is Rs.215770. Taxable Gratuity is (250000-215770) Rs.34230.

GRATUITY TO OTHER EMPLOYEES:

Page 8: Salaries (u/s 15 to 17)

(Other than under Payment of Gratuity Act)Any gratuity received,1.By an employee on retirement, 2. on becoming incapacitated before retirement, 3. ontermination of employment including by resignation4.Payment received by widow, children or dependent on the employee’s death

Will be exempt to the extent of least of the following:1. Actual gratuity recd.2. Any sum notified by Government (now, Rs.350000)3. Half months salary for each completed year of service, based on average salary of 10 months prior to

retirement.If an employee receives gratuity from more than one employer in the same previous year, total exemption cannot exceed (Rs.350000) specified limit.Notified ceiling will cover any gratuity received and exempted in earlier years.Salary would include, basic salary, D A, and commission at fixed%ge on turnover achieved by employee

Completed years of service would mean only that. Part of the year, even more than 6 months is excluded.

Average salary of last 10 months are considered, whereas under Payment of Gratuity Act, it is based on last drawn salary.

PROBLEM:

Mr. Johar employee of a snooker club having staff of 7 people, retired on 31.1.07 after serving 20years and 11 months. His basic was Rs.2500. DA Rs.1000 (50% eligible for retirement benefit) and conveyance allowance Rs.500. He received commission of Rs.5000 during this period @1% of turnover achieved by him. He was paid gratuity of Rs.38000. He had received gratuity of Rs.5000 from a previous employer. Compute taxable gratuity.

Johar is not a government employee. Since staff strength is less than 10 he is not covered by Payment of Gratuities Act.So under S10(10)(iii) least of the following is exempt.

1. Actual received Rs.380002. Notified amount Rs.350000. This will be reduced by Rs.5000 recd. Earlier.3. Half years salary for each completed year 20 years. 11 months , being part of the year is ignored.Salary is (for the past 10 months) 2500x10=25000+ DA 50% eligible i.e Rs.500 x 10=5000+fixed commission @1% of turnover 5000 = Rs.35000

Rs.35000 being the least is exempt. SO 38000-35000 Rs.3000 is taxable.

Commuted Pension:

Page 9: Salaries (u/s 15 to 17)

Pension is monthly payment to retired employees and is taxed as ‘Salary’. If an employee opts to commute his pension, i.e decides to receive in lumpsum part or the whole of his pension, it is exempt fully or partly, based on the category of the employee.Government employees:Payment of commuted pension is fully exempt, if received under the following schemes:

1. Civil Pension (commutation) Rules of Central Govt.2. Similar scheme as applicable to members of civil services of the Union, person holding

defence or civil posts under the Union.3. Members of All India Services, State Civil Services, Defence Services4. Holders of civil posts under State5. Employees of Local Authority / statutory Corporation.

Paid to Other Employees:Exempt portion will be

a. Full normal pension+ % pension commutedb. commuted pension (Annual value)

1/3rd of will be exempt if gratuity is paid.½ of if Gratuity is not received.

PROBLEM:

Thomas retired from Cromptons Ltd. On 30.6.2006. He had joined the company from 4.1.74. He receivedpension Rs.2000p.m upto 30th Nov.2006. On 1.12.06 he requested xcommutation of 50% of pension and received Rs.75000. If he had received Rs50000 as gratuity , fully exempt from tax, calculate taxable salary.

Solution:IF GRATUITY PAID

Uncommuted pension 2000x5 +1000x4 14000Commuted pension recd 75000Less exempt U/S 10(10A)50% of commuted value 75000100% - Annual value 1500001/3exempt as gratuity is paid 50000 25000 Total taxable 39000

IF GRATUITY IS NOT PAID

Page 10: Salaries (u/s 15 to 17)

Uncommuted pension 2000x5 +1000x4 14000Commuted pension recd 75000Less exempt U/S 10(10A)50% of commuted value 75000100% - Annual value 1500001/2exempt as gratuity is not paid 75000 Total taxable 14000

Since exemption in respect of commutation an employee is normally entitled to receive, even if part (here 50% in this problem) is commuted exemption (1/2 or 1/3) is worked out on whole (100%) pension.

Pension (Commuted) received from LIC is fully exempt. 10(10A)(iii).

Leave encashment: U.S 10(10AA)Encashment of leave while in service is taxable.

On leaving a job by virtue of retirement,superannuation, resignation,

A. Encashment of earned leave to the credit by an employee of Central / State Government is fully tax exempt.

B. In case of other employees, least of the following is exempt:1. Encashment of earned leave to credit, not exceeding 30 days per completed year of

service (with the employer from whose service the person is retiring).2. 10 months average salary, based on salary drawn for 10 months preceding the retirement3. Amount notified by Government – Rs.3 lakhs for the Asst Year 2007-08.4. Amount actually received.

Note: The notified amount of Rs.3 lakhs include all amounts received, including those received in previous years / previous employers.

Average Salary is calculated by salary for 10 months preceding the retirement and includes Basic, DA + Commission/ incentives

‘Completed Years of service is calculated by calculating Date retired less date joined. Only completed years are taken into account, ignoring part of the year (Even 11 months+ days).

“leave entitled is calculated @ 30 days per completed year of service.Leave encashable is leave entitled as reduced by leave availed.’Rules as to limit of leave accumulation are to be considered.

Leave encashment= Average salary x leave encashable

PROBLEM:

Page 11: Salaries (u/s 15 to 17)

Mr. Tired received Rs.20000 per month of leave to his credit as leave encashment, on his retirement on 31.3.07.

1. He served the company for 15 years and 6 months2. He was eligible for 60 days leave for each year3. He availed 3 months leave while in service.4. His average salary for 10 months before retirement is Rs.20000

Calculate his taxable leave encashment.

SOLUTION:Exempt figure is least of the following:

I. Encashment of earned leave to credit, not exceeding 30 days per completed year of service.

Leave entitled for each year 30 days (limited to 30 days though actual is 60 days) = 15 months. Leave availed = 3 months Leave encashment exempt = 15 -3 =12 months.x Rs.20000=Rs.240000.(The actual payment in excess on actual leave credit less availed will be taxable.)

II. 10 months average salary, based on salary drawn for 10 months preceding the retirement 10 months @20000 =Rs.200000.

III. Amount notified by Government – Rs.3 lakhs for the Asst Year 2007-08.

IV. Amount received from employer Rs.5600002months x 15 ½ Yrs=31months less availed 3 months =28 months x 20000)

Least of the four , Rs.200000 will be exempt. Balance Rs.360000 will be taxed under the head ‘Salaries’.

Retrenchment Compensation:Retrenchment Compensation will be exempt if any compensation is received under the Industrial disputes Act / any other Act /Rules Notification / Award / Contract by any workman at the time of his retrenchment / the closure of the unit/ transfer of management or ownership resulting in interruption of his service due to less favourable terms of service or the inability of new employer to pay the workers retrenchment compensation.

This exemption will be limited to least of:a. 15 days average salary per month of 26 days for each completed year of service (or part

more than 6 months).b. Rs.500000c. Compensation actually received

Page 12: Salaries (u/s 15 to 17)

Average salary will be the average of three months prior to retrenchment for monthly paid, four complete weeks prior to retrenchment for weekly paid and 12 full working days prior to retrenchment for daily paid workers. The salary wages will include basic salary + all allowances concessions (Travel etc) and amenities except employers contribution to Gratuity and retirement benefit scheme.

Retirement benefit to employees U/S 10(10 C):

Any compensation under this head paid to employees of Private / Public sector company, any statute recognized by university, Co-op Society, IIT, local authority, notified inst. Of Management, Government (State / Central) or by any notified institution having importance through out the states / country on his voluntary retirement under any scheme as per prescribed guidelines will be exempt to the extent of Rs.500000 provided no such exemption was allowed in the previous assessment years.

Tax on Perquisites: U/S 10(10 C):

In case of individual employees receiving non- monetary perks from the employer, the tax paid by the employer at the option of the employer will be exempt from tax in the hands of the employee. This is notwithstanding anything contained in Section 200 of the Companies Act-1956.

Tax so paid cannot be claimed as business expenditure by the employer as provided u/s 40(a) (vi).

Payments received from Statutory / Public Provident Fund:U/S 10(11)

Any payment received by a member from a fund covered by PF Act 1925 or any other Provident Fund set up by Government (such as P P F) will be exempt.

Payments received from Recognised Provident Fund: U/S 10(12)

Receipt of accumulated balance due from RPF to a member will be exempt as per the stipulated provisions.

Payments received from Superannuation Fund: U/S 10(13)Any amount paid paid from approved Superannuation Fund on the death of the beneficiary, or to an employee in lieu of annuity/ commutation of annuity,On retirement, or after stipulated age orOn becoming incapacitated prior to retirementOn leaving service otherwise Of refund of contributions will be exempt.

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House Rent Allowance: U/S 10(13A)Any amount paid to an employee by the employer to meet expenditure on payment of rent for residential accommodation will be exempt,keeping in consideration the area / place and other considerations. This exemption will not be available, if the accommodation is owned by the employee orNo expenditure is incurred by the employee in respect of such accommodation.

Other Special Allowances for Expenses: U/S 10(14)This head includes allowances such as travel, transfer, outstation, conveyance, research, professional development, uniforms etc. provided they are not in the nature of perquisites and are incurred during the performance of ones duties of office / work.

Other Allowances exempt to prescribed limits: U/S 10(14)(ii)

1. Allowances such as Children Education Allowance (limited to 2 children upto Rs.100 p.m/child)

2. Children Hostel expenses (limited to 2 children upto Rs.300 p.m/child)3. Transport between home and office (upto Rs.800p.m Rs1600 for blind/ handicapped)

are exempt.

Pension to Gallantry Award Winners U/S 10(18)

Pension to Gallantry Award Winners like ‘Param Vir Chakra’, ‘Maha vir Chakra’, ‘Vir Chakra’ are exempt.

Deductions from Salary:U/S 16 only a. Entertainment expenses b. Profession tax are deductible. No other expenses are deductible.

U/S 16 (ii), in respect of Government employees, entertainment allowances initially included in taxable gross salary. Then a deduction of least of the following is allowed:

1. 1/5th of basic salary2. Rs.50003. Amount received. (actuals)

Basic Salary includes DA if paid as part of salary, excludes other allowances, perks or bonus.The deduction is allowed irrespective of actuals spent.EXAMPLE:A Government employee receives Salary of Rs.50000Entertainment Allowance Rs.12000Spent on entertainment Rs.3000Exempt will be the least ofRs.5000Rs.10000 (1/5 of Rs.50000)Rs.12000 actual receivedi.e Rs.5000 will be exemptIn respect of Non Government employees entertainment allowance is not exempt.

Page 14: Salaries (u/s 15 to 17)

Professional Tax will be exempt U/S 16(iii).

Rent free accommodation

SOLVED PROBLEMS:John is an employee of Citibank.at Mumbai. During the financial year ending 31.3.09He receives the following:Salary 100000 p.m 1200000DA (not eligible for retirement benefits) 20000 p.m 240000Bonus equal to 2 months salary 200000Entertainment Allowance 120000Conveyance Allowance 60000He is given furnished accommodation at Mumbai. Cost of furniture and appliances allowed for his use is 480000. Rent paid by him to the employer is Rs.120000.

Calcualte the value of taxable perquisites if the accommodation isOwned by the companyThe company rents it out at 150000.

Own accommodation of the company

Rented accommodation by the company

15%* of Rs.1520000 (Sal.Bonus,Ent.All) 228000Add 10% of cost of Furniture 48000 276000Rent paid by John to Citibank 120000Value of perquisites 156000

1.Actual rent paid by Citibank 1500002. 15%* of Rs.1520000 (Sal.Bonus,Ent.All) 228000Lower of 1 or 2 above 150000Add 10% of cost of furniture 48000 198000Rent paid by John to Citibank 120000Value of perquisites 78000

NOTE: Accommodation in a city having population of 25 lakh + it will be 15%; 10 lakh + ,less than 25 lakhs , it will be 10%, other places 7.5%

House Rent Allowance:

IT Act provides relief to employees who receive HRA.

Conditions: Not applicable to persons where,

Page 15: Salaries (u/s 15 to 17)

1. The residential accommodation is owned by the employee2. No expenditure is incurred by him as payment of rent.

Exemption Limit:A.Actual allowance received.B.Amount by which actual expense of the employee exceeds 1/10th of salary during the relevant period i.Amount equal to ½ of the salary, where such accommodation is located in Mumbai,Kolkota, Chennai or Delhi ii.In any other place 2/5th of the salary

A is an employee of B Co.. His salary is (Excluding perks) Rs.144000 p.aHe pays rent of Rs.93600 p.aHe received HRA Rs.86400 p.a.He received no other benefits. Calculate HRA perks.

If accommodation is located inMumbai,Kolkota,Chennai or Delhi

If accommodation is located inany other place

Annual Salary excludingPerquisites 144000HRA Received 86400Less Exempt U/S10(13A) iHRA recd. 86400iiActual Rent 93600Less1/10of Salary 14400 79200iii1/2 Salary 72000Least of I,ii,iii 72000 14400Net Salary Income 158400

Annual Salary excludingPerquisites 144000HRA Received 86400Less Exempt U/S10(13A) iHRA recd. 86400iiActual Rent 93600Less1/10of Salary 14400 79200Iii2/5 Salary 57600Least of I,ii,iii 57600 28800Net Salary Income 127800

COMPUTATION OF SALARY INCOME Summary

Particulars Amt. in

Page 16: Salaries (u/s 15 to 17)

Rs.

1

2

34

5

67

Income from SalarySalary1.1 Gross Salary1.2 Salary Due/ Deemed to accrue in India1.3 Salary Advances / Arrears of pay recd.1.4 Voluntary payments by employer Less Exempt U/S 10Allowances2.1 Dearness Allowance2.2 Entertainment Allowance2.3 LTA (Exempt U/S10(10)2.4 HRA(Exempt U/S10(13A)2.5 Expenses allowed U/S 10(14)AnnuityPension4.1 Not Commuted Monthly Pension4.2 Commuted Pension Less: Commuted Pension Exempt U/S 10(10A) i.Government Employees (Fully exempt) ii.Non Government Employees a.With gratuity 1/3 of commuted value b.W/O gratuity 1/2 of commuted valueGratuity (Gross less exempt U/S10(10)I. Government Employees (Fully exempt)II. Employees under Payment of Grat. Act- Least of a. Monthly Sal. x 15/26 x Completed Yrs of Service b. Rs.350000 c.Gratuity receivedIII Other Employees –Least of

a. Avg. of last 10 month Salary x ½ x No. of Yrs of Service b. Rs.350000 c.Gratuity receivedFees & CommissionPerquisites:7.1 Taxable Perquisites 7.1.1 Rent – free accommodation 7.1.2 Concessional Rent 7.1.3Payment of employee’s obligation by Employer 7.1.4 Premium paid for ins. of life or for annuity 7.1.5 Prescribed amenities (Interest free loans, transfer of movable assets)7.2 Tax free Perquisites

7.2.1 Medical Treatment in Employer’s Hospital 7.2.2 Medical Treatment in Govt./ approved Hospital 7.2.3 Medical expenses upto 15000

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7.2.4 Premium on employees health insurance 7.2.5 Premium on Medicalim insurance 7.2.6 Medical treatment, travel & stay abroad 7.2.7 FBT at the hands of Employer

Profit in lieu of SalaryTermination compensation Compensation for modified terms of employmentEmployer’s Cont. to PF + interestKeyman Insurance PolicyLess: exempt U/S 10:Compensation to Workmen/Retrenchment/ V R SPayment from Statutory P F , R P FPayment from Superannuation Fund

Contribution by Govt. under New Pension Scheme Leave Encashment (Gross – exempt U/S 10(10AA) I Govt. Employee – Fully exempt. II Non Govt Employee – Least of a. Leave encashment @30 days p.a b. 10 x average salary of last 10 months c. Rs.300000 d. Actual ReceiptTaxable annual accretion in RPF 11.1 Employer’s cont. in excess of 12% of Basic Salary 11.2 Interest in excess of 9.5% p.aTaxable transferred balance in RPF

Gross Taxable SalaryLess: Deductions U/S 16 14.1 Entertainment Allowance 14.1.1 Government Employee - Least of a.1/5th of Basic Salary b. Rs.5000 c. Actual Allowance 14.1.2 Other Employees - Nil xxxxxx 14.2 Profession Tax xxxxxx Net Taxable Dalary (13 – 14)

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