Salary – Taxation and Exemption

Introduction

Under the income tax act, the amount earned where there is an existence of the employer-employee relationship is taxable under the head “Salaries”. Salary includes wages, annuity, pension, gratuity, leave encashment, commission, advance salary, contribution to provident funds, contribution to the employee pension account, etc. Salary is taxable on receipt or accrual basis whichever is earlier.

The following amount is chargeable as salary in the Income Tax Return (ITR) during the year:

  • Salary is due from employer including former employer, whether paid or not.
  • Salary paid by the employer including former employer, whether due or not.
  • Arrears of salary paid by the employer including the former employer.

Components of Salary – Taxability or Exemptions

S.No. Particulars Taxability/Exemption
1 Basic Salary Fully Taxable
2 Dearness Allowance (DA) Fully Taxable
3 Bonus, Fees, or Commission Fully Taxable
4 House Rent Allowance (HRA)

Fully Taxable unless the following conditions are satisfied:

The least of the following is exempted:

  • Actual HRA Received.
  • 40% of Salary, 50% if the house is situated in Delhi, Chennai, Mumbai, or Kolkata.
  • Rent paid less 10% of Salary

Salary includes Basic Salary + DA + Commission based on turnover.
 

5 Children Education Allowance Maximum Rs. 100 per month per child (Maximum 2 children) is exempt
6 Hostel Expenditure Allowance Maximum Rs. 300 per month per child (Maximum 2 children) is exempt
7 Transport Allowance Rs. 3200 per month is exempt provided the amount is paid to an employee who is blind or deaf and dumb or orthopedically handicapped with disability of lower extremities.
8 Transport Allowance paid to employee working in Transport Business Organisation

The least of the following is exempted:

  • 70% of the allowance
  • Rs. 10,000 per month
9 Conveyance Allowance to meet office traveling expenditure Exempt to the extent of expenditure incurred for official purposes
 
10 Travelling Allowance to meet office travel or tour Exempt to the extent of expenditure incurred for official purposes
 
11 Daily Allowance to meet ordinary daily charges Exempt to the extent of expenditure incurred for official purposes
 
12 Helper/Assistance Allowance Exempt to the extent of expenditure incurred for official purposes
 
13 Research Allowance Exempt to the extent of expenditure incurred for official purposes
 
14 Uniform Allowance Exempt to the extent of expenditure incurred for official purposes
 
15 Allowances or perquisites paid by the government to employees posted outside India. Fully Exempt, the provided employee is an Indian citizen
16 Allowance to Judges of High/Supreme Court
Fully Exempt
 
17

Following allowances to Chairman/Member of UPSC:

  • Value of rent-free official residence.
  • Value of conveyance facilities including transport allowance.
  • Sumptuary allowance
  • Leave travel concession

Fully Exempt
 
18 Allowance paid by the UNO to its employees
Fully Exempt
 
19 Special Compensatory Allowance (Hilly Area) Exemption varies from Rs. 300 to 7000 per month
20 Border area, Remote Locality or Disturbed Area or Difficult Area Allowance Exemption varies from Rs. 200 to 1300 per month
21 Tribal area allowance in (a) Madhya Pradesh (b) Tamil Nadu (c) Uttar Pradesh (d) Karnataka (e) Tripura (f) Assam (g) West Bengal (h) Bihar (i) Orissa Up to Rs. 200 per month is exempt
22 Compensatory Field Area Allowance Up to Rs. 2600 per month is exempt
23 Compensatory Modified Area Allowance Up to Rs. 1000 per month is exempt
24 Counter Insurgency Allowance Up to Rs. 3900 per month is exempt
25 Underground Allowance to employees working in uncongenial, unnatural climate in underground mines Up to Rs. 800 per month is exempt
26 High Altitude Allowance granted to armed forces operating in high altitude areas
  • Up to Rs. 1,060 per month (for altitude of 9,000 to 15,000 feet) is exempt
  • Up to Rs. 1,600 per month (for altitude above 15,000 feet) is exempt
27 Highly active field area allowance granted to members of armed forces Up to Rs. 4200 per month is exempt
28 Island Duty Allowance granted to members of armed forces in Andaman and Nicobar and Lakshadweep group of Island Up to Rs. 3250 per month is exempt
29 City Compensatory Allowance Fully Taxable
30 Fixed Medical Allowance Fully Taxable
31 Tiffin, Lunch, Dinner, or Refreshment Allowance Fully Taxable
32 Servant Allowance Fully Taxable
33 Project Allowance Fully Taxable
34 Overtime Allowance Fully Taxable
35 Telephone Allowance Fully Taxable
36 Holiday Allowance Fully Taxable
37 Any Other Cash Allowance Fully Taxable
38 Leave Travel Allowance – It Includes the amount paid by the employer for traveling within India with family. The family includes spouse, children (Maximum 2), and dependent brother/sister/parents The exemption is available for the fare for traveling anywhere in India along with family twice in a block of 4 years.  

Deduction from Salary

The following are the deductions available from the remaining taxable salary:

  1. Standard Deduction: Rs. 50,000
  2. Entertainment Allowance received by Government Employees: 

The lowest of the following is deductible:

  • Rs. 5000
  • 1/5th of salary
  • Actual entertainment allowance received
  1. Professional Tax or Employment Tax: Amount paid is allowed as deduction. 
     

Retirement Benefits

S.No. Particulars Exemption
1 Leave Encashment – Government Employees Fully Exempt
2 Leave Encashment – Other than Government Employees

The least of the following is exempt:

  • Amount received.
  • Unutilized earned leave x Average monthly salary
  • 10 months average salary
  • Rs. 3,00,000
3 Retrenchment Compensation received by a workman under the Industrial Dispute Act, 1947

Least of the following shall be exempt from tax:

  • The amount calculated as per section 25F(b)of the Industrial Disputes Act, 1947;
  • Amount Received
  • Rs. 5,00,000
4 Gratuity paid to Government Employees Fully Exempt
5 Gratuity other than paid to Government Employees (covered under Gratuity Act, 1972)

The least of the following is exempt:

  • (15/26) X has Last drawn salary X completed a year of service or part thereof more than 6 months.
  • Rs. 20,00,000
  • Gratuity Received
6 Gratuity other than paid to Government Employees (not covered under Gratuity Act, 1972)

The least of the following is exempt:

  • (1/2) X has Last drawn salary X completed year of service or part thereof over 6 months.
  • Rs. 20,00,000
  • Gratuity Received
7 Pension received from UNO Fully Exempt
8 Commuted Pension received by an employee of Central Government, State Government, Local Authority Employees, and Statutory Corporation

Fully Exempt

9 Commuted Pension received by other employees who also receive gratuity 1/3 of the full value of a commuted pension will be exempt from tax
10 Commuted Pension received by other employees who do not receive any gratuity 1/2 of the full value of the commuted pension will be exempt from tax
11 Family Pension received by the family members of Armed Forces Fully Exempt
12 Family pension received other than above

Maximum of the following is exempted

  • 1/3rd of Family Pension or
  • 15,000
13 Voluntary Retirement

The least of the following is exempt from tax:

  • The actual amount received as per the guidelines 
  • Rs. 5,00,000
14 Employee’s Provident Fund Employer’s Contribution: Fully Exempt
Employee’s Contribution: A deduction maximum of 1.5 Lakhs is available
15 National Pension Scheme Any payment from the National Pension System Trust to an assesses on the closure of his account or on his opting out of the pension scheme referred to in section 80CCD, to the extent it does not exceed 60% of the total amount payable to him at the time of such closure or his opting out of the scheme.

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