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Salary

DR. Anurag Agnihotri
Education for all
          Casually sit back and relax and
             enjoy your Income tax
                                                           What do you mean by rest?


                                                              B. Com, BBM, M.Com,

                              INCOME FROM
 This slides are
 Prepared for
 Any one who
                                 SALARY                                         Players!!
    Had not                                                                     Now you
Attended classes   By                                                           Do some
   regularly       Prof. Augustin Amaladas and Prof.Amala shanthi               Exercise
Or do not have     St. Joseph’s College of Commerce and Jyoti                   Even not
Time or money.     Nivas college respectively, Bangalore                        Studied
                   M.Com., AICWA.,PGDFM., B.Ed.                                  So far.
                   09845844319 aug_bang@yahoo.com

M
B                                                                                    ICWA
As        It is so simplified in such a way that you can easily understand            CA
                                                                                       CS
www.professoraugustin.com




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    Joewin Shamalina
    And Tim Sebastian
salary
                                           Fringe
                                         Benefit tax
                                          Taxable
                                        To Employer



                                        Applicable
   Basic + DA+                         To companies
 Commission etc
Normal components
                                  Perquisites
                                   Taxable
                    Allowances        To
                                  employee
Alternative work is rest
        Definition of salary
• Section 15
• Employer and employee relationship is
  very important.
• Director of a company is not an employee-
  therefore his remuneration does not come
  under salary
• Emolument received by college lecturer
  for valuation of answer scripts in the
  university does not come under salary
  because he/She is not an employee of the
  university but employee of a college.They
  come under income from other sources
Threat is your opportunity
  Paper setting, MP and MLA
• If the same lecturer receives
  emoluments(remuneration or salary) from
  his college for academic or non academic
  work constitute salary.
• Question paper set to other colleges or
  other universities comes under other
  sources.
• A Member of parliament(MP), Member of
  the state assembly(MLA) receives
  remuneration does not come under salary
  as there is no employer employee
  relationship between government of India
  and MP and MLA.-therefore comes under
Salary and wages
• Income tax point of view there is no
  difference between salary and wages.




Strength is your weakness
If More than one employer
• Salary from each source is taxable
  under the head salary
• Example: Mr. A works in two places
  part time job. He is calculated under the
  head salary in both the places.




All problems and happiness are temporary
Pension from former
            employer
• As pension paid due to the previous
  employer employee relationships it is
  taxed under salary provided the same
  employee receives(alive)
• If, after the death of such employee family
  pension received by spouse(wife or
  husband) comes under other sources, as
  there is no employer employee
  relationship after the death of such
  employee. as it is
     Take your life
Employer includes
 • Former
 • Present
 • And prospective employer




Love others in order to love oneself
If No intention to pay?
• Agreement between teacher and
  management to pay salary to employee
  and another agreement by which an
  identical sum has to be returned by the
  same teacher(assessee)-does not
  constitute salary because salary is not
  real but fictitious.(Actual intension to
  pay is important)

    Play every day
Whether salary taxed on
      payment or due basis?
• Salary is taxable on due or receipt
  whichever earlier
• Advance salary received or
  salary of the last month not
  received is taxed in the
  current previous year
• See Example: Next slide
Example
• April 2008 salary received in March
  2008-taxable in the previous year 2007-
  08 itself as it is received in 2007-08
  period(receipt or due which ever is
  earlier)
• March 2008 salary received in April
  2008-taxable in the previous year 2007-
  08 only(receipt or due which ever is
  earlier)
Otherwise hardship
Surrender of salary
• Surrender to central government- either
  by government employee or private
  employee-not taxable salary.




Women have changed but men have not changed in India
If Tax paid by employer?
• If Employer pays tax on employee then
  total salary to such employee will be
Net salary received + tax
 paid by employer


Change in attitude of men required to have a harmony in family life
Gifts given by employer?
• Taxable under the head salary




 Men also should learn cooking as woman is working like men
Salary under section 17(1)
 • Wages
 • Any annuities or pension
 • Any gratuity
 • Any fees, commission
 • Perquisites( received in kind)
 • Profit in lieu of salary
 • Advance of salary
 • Any accretion(addition) due to interest on provident
   fund paid out of the employer’s contribution.
 • The contribution paid by employer under notified
   pension scheme
Do not fight.If you want to fight, fight after??
Pension received by former employee who
         rendered service in India

• Pension received outside india by an
  employee who rendered services in
  India taxable in India to all
  assessees(resident, not ordinarily
  resident and non resident) as salary is
  from India.
• Place of accrual of salary is important-
  from India or from outside India

 After meal why?
Exercise-1
• 1.Pension paid abroad for the services
  rendered in India?
• 2.Leave salary paid outside India for the
  services rendered in India?
• 3.Salary paid by government of India to an
  Indian National outside India if services
  rendered outside India?
• 4.Allowances received outside India by
  Central government employee for services
  rendered outside India?
 Normally people do not fight after meal.
Answer-1
•   1.taxable as services rendered in India
•   2. Taxable as services rendered in India
•   3.    - DO-
•   4. Allowances paid by government of
    India to its employees(Indian nationals)
    outside India for the services rendered
    outside India are exempted as per
    section 10(7)
Different forms of salary-
          Retirement benefits
•   1. Leave encashment salary
•   2.Gratuity
•   3.Pension
•   4.Retrenchment compensation
•   5.Provident Fund
•   [Examination point of view these five
    items are very important]
Leave encashment
• It is not related to casual leave
• For every completed year of service
  employee is entitled to receive a certain
  number of days of paid leave.Employee
  either can take leave or en cash it while in
  service or after retirement.
• Note: Any thing received while in service
  is normally taxable.After retirement there
  are some concessions given.
1.Leave encashment


      1.Received while in
            Service                  Received At the time
  Fully taxable(government or           of retirement
  Non government employee)


                                    Non government employee
                  Government         (including local authority
               Employees-Exempted   and corporation employees)
  Central/
 State govt.
                                          (see next slide)
Employees(2)
Non-government employee
                                        (including local authority
                                       and corporation employees)

         *Average salary
     Basic + % DA comes
   only for retirement +fixed
 % of commission on   sales.            Least of the following
Note: Immediately before the       Exempted out of leave cash received
       The retirement


                                  a) 10 months average salary*
                      b) Amount specified by the government-3,50,000
                         c) Actually received at the time of retirement
                         d) [Period of leave on 30 days basis (if more
                  than 30 days as per service rules)for every completed year
                 of service( -) leave availed while in service(-)leave encashed
                              while in service] x (average salary)*
• Basic + DA which comes for retirement
  +fixed percentage of commission only
  on sales.
• Do not consider fixed amount of commission
  on sales
• Do not consider variable or fixed percentage
  of commission on purchase
• BDA employee is not a government employee
  as for as the leave encashment point of view.
• Note: 1.Fixed % of commission is different
  from fixed amount of commission(monthly
  fixed amount)
Exercise-1
• X an employee of the central government receives Rs.4,00,000
  as cash equivalent to leave credit to his salary on 1st Feb. 200X
  after his retirement.
• a)How much is taxable?
• b)Suppose X is a private employee and received Rs.15000 as
  salary and served 20 years and 3 months and taken 3 months
  leave while in service at the time of retirement?
• c)If X had rendered 24 years and 8 months of service and he is
  employee of BDA and received Rs 15,000 basic, 40% DA out of
  which only 60% will come for retirement purpose and 5%
  variable and 4% fixed commission on sales where sales
  achieved in the previous year was Rs.30,00,000. Leave availed
  while in service was 10 months and 8 months leave en
  cashed ?
• d)Suppose X receives leave encashment while in service and
  he is a government employee?
Answer
• a) after the retirement leave encashment by
  government employee is not taxable.
• b)If he is a private employee the least of the following
  is exempted from the amount received Rs.4,00,000
• 1.Actually received-Rs.4,00,000;
• 2.10 months average salary=15000 x 10=1,50,000;
• 3.Maximum limit=Rs.3,00,000
    4. One month for completed year of service(-)leave
  availed while in service(-)leave en cashed while in
  service x (average salary)
   = 20months-3month-0 months(15,000)=2,55,000
How much is exempted? How much is taxable?
The lowest of all four is Rs.1,50,000 is exempted
  from Rs.4,00,000
Therefore taxable leave encashment is
  Rs.2,50,000.
(Rs.4,00,000-1,50,000)
• c) Working Notes:-
• No of years of service= 24 years and 8 months=24 years
  only(fraction is ignored)
• Average salary=15000 +(40% x 60% x15000) +(4% x 10/12)
  (30,00,000)=15000 +3600 +30,00,000 x10/12 x 4%/10=28,600
• Rs. 30,00,000 is for 12 months but we have to calculate for ten
  months only before the date of retirement.
• Least of the following is exempted out of Rs.4,00,000:
• A) Actually received-Rs.4,00,000
• B) 10 months average salary-10 x 28,600=Rs.2,86,000
• C) (24 months-10 months-8 months) x 28,600=Rs.1,71,600
• D) Maximum limit-Rs.3,00,000
• Least of the above is Rs.1,71,600 which is exempted .
• Therefore taxable leave salary is
• Rs.4,00,000-Rs.1,71,600=Rs.2,28,400
• D) Salary received by government
  employee while in service is fully
  taxable.
@Exercise-2
• X a non government employee receives
  Rs.2,50,000 as leave salary at the time of
  retirement on February 20, 2008. On the
  following information, determine the
  amount of taxable leave salary: Basic
  salary Rs.15,000 per month since 2005.
  Duration of service : 26 years; leave at the
  credit of X at the time of retirement: 25
  months; entitlement of leave salary: 60
  days’ salary for every year of service and
  leave availed while in service: 27 months.
Working notes for exercise-2
•   1. No of years:26 years equal to 26 months for our
    calculations because every completed year of
    service one month is allowed.
•   2.Average salary Rs.15,000
Least of the following is exempted from Rs.2,50,000
a) Actually received Rs.2,50,000
b) 10 months salary=10 x Rs.15,000=1,50,000
c) Maximum limit Rs.3,00,000
d) (26 months-27 months-8 months) x Rs.15,000=0
      (as it is negative it is equal to Zero)
Least exempted leave encashment is Rs.0. Therefore
    taxable leave encashment is Rs.2,50,000.
Fees and commission
• Taxable as salary if paid to employee
  by employer
Bonus
• It is taxable on due basis.
• If it is not taxable on due basis it is
  taxable on receipt basis.
Gratuity
1.Government               Non Government employee          Non Government employee
Employee(Central,State     under the payment of gratuity    under not covered under the
and local authority        Act.                             payment of gratuity Act.
employees)(three)          Including statutory              Including statutory
                           corporation                      corporation
2.Average salary:          Average salary:last drawn        Average Salary: Basic +DA
Not necessary              includes Basic+DA                comes for retirement +Fixed
                                                            % of commission on sales
                                                            No of days in a month-
3.No of days in a          No of days in a month-
month-Not necessary        26 days only                     30 days only

4..Received while in                                        Received while in service is
                           Received while in service is
service is fully taxable                                    fully taxable
                           fully taxable
                            Received Gratuity at the time
5.Received Gratuity at     of retirement:                   Received Gratuity at the time
the time of retirement                                      of retirement:
                           Least of the following is
Exempted                   exempted                         Least of the following is
                           see in the next page.           exempted(next page)
Non Government employee under     Non Government employee under
the payment of gratuity Act.      not covered under the payment of
Including statutory corporation   gratuity Act. Including statutory
                                  corporation
The Least of the following isThe least of the following is
exempted from gratuity       exempted from gratuity
received:                    received:
1.(15/26) x (last salary     1.(15/30) x (10 preceding
drawn )x (number of years of months average salary) x
service ) ie.Basic+DA        (number of fully completed
                             years of service)
(No commission please)
                             Basic + % DA comes for
Year= above 6 months is
                             retirement + Fixed Percentage
considered as one year.
                             of commission on sales
2.Rs.3,50,000
                             2. Rs.3,50,000
3.Gratuity actually received
                             3. Gratuity actually received
Exercise-1
 • Mr. X retires from service on Nov.18 200X and received
   Rs.3,40,000 as gratuity after 32 years and 8 months. His
   salary at the time of retirement is Basic Rs.19000 and DA
   40% on Basic and 4% commission on sales.
 • Sales achieved preceding ten months was Rs.15,00,000.
   Basic salary was more by Rs.2000 since 1 st April 200X.
                                               st

 • 60% of DA will come for retirement purpose.
 • Answer the following:How much is taxable gratuity?
 • A)If Mr.X is a government employee?
 • B) If Mr. X is a private employee who is covered under the
   payment of gratuity act?
 • C) If Mr. X is a BDA employee?
 • D) If Mr.X is a Bangalore Mahanagara paliga(BMP)
   employee?
 • E) If Mr. X is a XYZ public Ltd.(a Government
Answer
 Particulars          Government       A BDA        BMP Employee
                      employee        employee
 1.Years of service   Not applicable Local          BMP is a
                                     authority=          corporation.therefore
                                     Government          the employee is a
                                     employee            private employee who
                                                         is covered under the
                                                         payment of gratuity
                                                         Act.
                                                    Year of service=33 years.
                                      Not
 2.Meaning of         Not necessary                 Basic + Full DA =Rs.19,000
                                      necessary
 salary                                                  +40%(19000)=26,600
                                                    Least of the following is
                      Not taxable                         exempted:
 3.How much
                                      Not taxable   1.    Rs.3,50,000
 taxable?
                                                    2.    Gratuity actually received
                                                          Rs.Rs.3,40,000
                                                    3.    (15/26)x 33 x
                                                          Rs.26,600=5,06,423
                                                    Least=Rs.3,40,000
                                                          exempted.Therefore
Particulars           XYZ Public limited            Wife receives after the death
                      government company not        of Mr.X
                      covered under the payment
                      of gratuity Act
1.Year of service     Fraction of the year is       Not required as there is no
                      ignored. Therefore 32 years   employer employee
                                                    relationship after the death
                                                    of Mr.X.The gratuity
                                                    received is taxable under the
                                                    head income under other
                                                    sources.
2.Meaning of salary   Average salary 10 months
                      preceding the month of
                      retirement=Basic+DA which
                                                    Least of the following is
                      comes for retirement +fixed
                      % of commission= January      exempted:
                      to October salary= Jan to     1.(15/30) x32
                      March Rs.17,000 each and      x31,760=Rs.5,08,160
                      19000 from April to             2.Rs. 3,50,000
                      October=Rs.1,84,000+            3.Gratuity actually
                      Rs.7360 x10(DA)+6000 x        received=Rs. 3,40,000
                      10(Commission)                Least : Rs. 3,40,000
                      Average salary=3,17,600/10    Therefore Gratuity received
                      =Rs.31760                     is fully exempted.
Pension
• Regular pension received by the employee
  himself ( not dead )after the retirement is
  taxable as salary.
• Family pension(after the death of
  husband/wife) received by wife/husband
  comes under income from other sources
  as there is no employer and employee
  relationship after the death of husband
  who was an employee. 1/3 rd of family pension or
        •Standard deduction is available ie.
        •15,000 whichever is lower is deductible from family pension.
Commuted pension-Sec.17(1)
           (ii)
• Instead of receiving monthly pension
  some portion of regular pension can be
  accumulated and can be received( after
  retirement/voluntary retirement) a lump
  sum is known as commuted pension.
• 1. Government employee-Exempted after
  retirement.
• Government employee means:-Central,
  state,local authority and corporation
  employees(totally 4)
Non Government employee-
       commuted pension
• If gratuity received Maximum 1/3 of the
  regular pension can be commuted which
  is not taxable.
• If gratuity is not received ½ of the regular
  pension can be commuted which is not
  taxable.
• Note: above those limits are taxable for
  non government employees
• See example in the next slide
Example – commuted pension
• Mr. X receives pension every month
  Rs.10,000. He wants to commute some
  portion of the pension.
• ? How much can he commute if
• A) he is a state government employee
• B) he is a Bangalooru development
  authority employee.
• C) He is receiving gratuity from Karnataka
  Government.
• D) He is an employee of Shanthi Ltd.
Answer for commuted
           pension
• A,B and C all are government employees
  therefore any amount of pension
  commuted are exempted . It is because
  government never exceeds the statutory
  limit of 1/3 or ½ depends on the situation.
• D) If he an employee of Shanthi ltd.
  Max.1/3 if he receives gratuity ie
  1/3(10,000)=Rs.3333
• If he does not receive gratuity he can
  commute ½ of pension ie.
  ½(10,000)=Rs.5,000.
• Note:remaining pension regularly received
   (after commutation)is taxable.
Pension scheme-(after 1st Jan
             2004)
• Applicable for those join after 1st Jan 2004
• Contribution made by employer –taxable
• Employer and employee’s contribution to
  the extent of 10% is deductible as saving
  U/S80CCD. Beyond 10% is not deductible.
• When pension received –fully taxed in the
  hands of recipient
• Salary=Basic +DA if it comes for
  retirement benefit
• Example-next page
Exercise
• Mr. X joined a government service on January 2007 for
  a salary of Rs.40,000 per month.The government
  contributes towards pension scheme is Rs.5000 per
  month.Find out how much is taxable for the year 2007-
  08, 2008-09 and 2009-10 previous year?
• Answer: 1st April-31st March
• 12 months salary=40,000 x12=          4,80,000
• Government contribution 5000 x12= 60,000
• Total                                    5,40,000
• Less: deduction U/S 80CCD
• Upto 10% both by employer and employer=4000
  x2=8000 per month.
• Annual Saving =8000 x12=96000 deductible from
  5.40,000.
• Net taxable salary=Rs.5,40,000-
  96,000=4,44,000.Applicable for all three years.
Does it make any difference if he had
            joined XYZ Ltd?

• No. It is because this provision is
  applicable both for government and
  any other employer.
Annuity[17(1)(ii)]
• Annual payment constantly paid by
  employer to employee.
• Even paid voluntarily it is taxable
• Annuity received from ex employer is
  taxed as profit in lieu of salary-taxed as
  salary.
Retrenchment
      compensation[10(10B)]
• The Least of the following is exempted:
• 1. Amount calculated as per Industrial
  dispute act.
• (15 days salary for every completed year
  of service and fraction beyond 6 months
  ie. 25 years and 7 months=26 years.)
• 2. Rs. 5,00,000 notified by Government
• 3.The amount received
• Exercise:-next page
       Note: If approved by government, under
     any scheme, such amount is fully exempted.
Exercise
• Mr. X has working in BPL. Due to closing down of the
  company, company pays to Mr.X Rs. 2,60,000 as
  compensation.He has rendered service 20 years and 8
  months.Average salary was Rs.20,000. How much is
  taxable? How much is exempted?
• Answer: no of years of service=21 years
• 1.Compensation as per Industrial dispute 15/30(20,000)
  (21)=2,10,000
• 2.Rs.5,00,000
• 3.Rs.2,60,000
• Least is Rs.2,10,000 is exempted. Therefore 50,000 is
  taxable ie (2,60,000-2,10,000)
Profit in lieu of salary
• If company wants a manager to quit
  immediately as per the service rules he
  is paid a lump sum immediately. Such
  compensation is treated as salary.
• The compensation can be received
  from present or former employer.
Remuneration for extra duties
• Taxed as salary
• Even warden ship remuneration also
  taxed as salary
Salary received from a United
      Nations organisation
• Not taxable in India
VRS[10(10C)]
• Voluntary Retirement scheme
• Maximum amount of exemption is
  Rs.5,00,000.
• Up to Rs. 5,00,000 is exempted
• Conditions:
• The same employee can not be re-
  employed in the same or any other
  company comes under the same
  management.
• Salary means the last salary drawn for
  computation of compensation
• Basic+ DA which comes for retirement +
  fixed % of commission on sales.
Provident fund
Particulars          Statutory PF      Recognised PF     Un-recognised PF      Public PF
1.Who maintains?     Government        Private           Not recognised by     Personal
                     and semi-         establishments    commissioner of       savings in
                     government        having 20 or      Income-tax act        post office by
                                       more employees    Employer              self employed
                                       Both employer     contributes but       etc.
                     Both employer     and similar       there is no
2.Who contributes?                     contribution by   separate account      By
                     and similar
                                       employees         in the name of        Employee(not
                     contribution by
                     employees                           employee              by employer

3.Exempted or not?                     Employer’s        Only when
                                       contribution      employer
Employees            Employer’s                                                Since
                                       exceeding 12%     transfers his         employer does
contribution comes   contribution is                     account to
under Section 80C    exempted.         of salary and                           not contribute
                                       Interest          employee’s
as savings in all                                                              nothing is
                                       exceeding 9.5%    account is taxable    taxable
cases                                                    or converted to
                                       taxable.
                                                         recognised PF
                                                         excess over 12%
        Salary means                                     of salary and
                                                         excess over 9.5%
   Basic+DA+Fixed % of                                   towards interest is
    Commission on Sales                                  taxable
City compensatory allowance
• Fully taxable as salary
House rent
       allowance(10[13A]) be lowest of
               •Exemption will
 • (a) 50% of salary where residential accommodation is in Mumbai,
         Kolkata, Delhi or Chennai and 40% of at other place
                 (b)(Rent paid minus 10% of salary)
                      (c) Actual allowance paid.


• There will be no tax exemption if the
  residential accommodation is self occupied
  (not taken house for rent by employee or
  employee has not paid any rent for
  residential accommodation used by him
  [section 10(13A) of Income Tax Act and rule
  2A]
 •Salary means basic plus DA (if forming part of retirement benefits)
      • plus commission (if fixed as a percentage of turnover).
House rent allowance
• Important points:
• 1.It is advisable to calculate claim month wise
  if any changes in salary or house rent
  allowance or rent paid or place of stay during
  the previous year.
• 2. Salary to be estimated on due basis when
  you calculate the meaning of salary
• Place of work is not important but the place of
  accommodation taken is important either to
  claim 50% or 40% depends on type of city.
• After receiving rent allowance either he stays
  in his own house or rent accomodation is not
  taken rent allowance for such period is taxable.
Exercise-
   1
• Mr. X works in Mumboi but stays in Pune and
  receives house rent allowance of Rs.12,000. He
  pays Rs. 15,000 per month as rent.His Basic is
  Rs.20,000, DA-30% which will come for retirement
  purpose.
• A)Compute taxable House rent allowance if he has
  taken a rented house in Pune.
• B) If he stays in Mumboi and pays the same rent.
• C) suppose he stays in his own house in Mumboi
• D) suppose he has taken a house for rent in
  Mumboi for the same rent but rent his own house
  in Pune?
• E) Suppose he stays in a rented house upto
  December in Mumboi by paying same rent and
  taken a rented house in Pune from 1st January for a
Answer-HRA
• A) Rented house in Pune:
• Since salary, place of stay, HRA and rent paid are
   same throughout the year we can calculate for the
   whole financial year.
House rent Allowance received (12,000x12)
   Rs.1,44,000
Least of the following is exempted:
1.40% of salary*=26000 x 12 x40%                1,24,800
2.Rent paid-10% of salary*               1,48,800
[(15000-10% x26000) x 12]
3.Actually received               1,44,000
                                    *Salary means:
The Least is Rs.1,24,800 which is exempted out of HRA
                             20,000+(30% x20,000)=26,000
   received.There fore taxable HRA is Rs.19,200 ie
   (1,44,000-1,24,800)
Answer-HRA
• A) Rented house in Mumboi
• Since salary, place of stay, HRA and rent paid are
   same throughout the year we can calculate for the
   whole financial year.
House rent Allowance received (12,000x12)
   Rs.1,44,000
Least of the following is exempted:
1.40% of salary*=26000 x 12 x50%                1,56,800
2.Rent paid-10% of salary*               1,48,800
[(15000-10% x26000) x 12]
3.Actually received               1,44,000
                                    *Salary means:
The Least is Rs.1,44,000 which is exempted out of HRA
                             20,000+(30% x20,000)=26,000
   received.There fore taxable HRA is Zero ie (1,44,000-
   1,44,000)
C) Stayed in Mumboi in own
               house
• The entire rent allowance received is fully
  taxable as he stays in own house in
  Mumboi.
• There fore Rs.1,44,000 is fully taxable.
• D) It does not make any difference with
  answer C as he stays in a rented house in
  Mumboi, the answer ‘A’is applicable.-See
  the answer A.The house rented in Pune
  and rent receivable comes under the head
  income from House property.
E. Up to December in Mumboi in a rented
house and thereafter in Pune in a rented house
• Exempted HRA in Mumboi Nine months
• Meaning of salary:Rs.26,000
• HRA received                                   Rs.1,08,000
• Least of the following is exempted:
• 1. 50% of salary=26000 x50% x9          Rs.1,17,000
• 2. Rent paid – 10% of salary           Rs.1,11,600
• [(15000-10% x26000) x 9]
   3.Actually received                    1,08,000
The least is 1,08,000. There fore for the 9 months entire
  HRA is exempted. Nothing is taxable.
Exempted HRA in Pune :-Next slide

                         www.professoraugustin.com
3 Months HRA in Pune in a rented house

• Meaning of salary:Rs.26,000
• HRA received                                Rs.36,000
• Least of the following is exempted:
• 1. 40% of salary=26000 x40% x3       Rs.31,200
• 2. Rent paid – 10% of salary        Rs.22,200
• [(10000-10% x26000) x 3]
3.Actually received              36,000
The least is Rs.22,200 which is exempted. There fore for
  the3 months the taxable HRA is Rs.13,800[ 36000-
  22200]

Therefore HRA taxable for the previous year is Rs. 13,800.
Entertainment
                 allowance[16(ii)]
• In case of *government employees:Least
  of the following is deductible:
• 1. Rs. 5,000;
• 2. 20% of salary**;
• 3.Amount of entertainment allowance
  granted during the previous year.
  Non government employees are not
  exempted

         *Government employee             **Salary excludes any allowance
 Central and State government employees     Benefit or other perquisites
Special
                          allowances[10(14)]

For official duties                       Not directly relate to
       (after                                Official duty
Reaching office)                               (General)
  1.Official travel/transfer
                                 To be
 Allowance to meet the cost
                                 Spent
  2.Conveyance allowance
                                 Fully
      to meet customers
                                 Other
3.daily allowance on official
                                 Wise,              See in
        Tour/journey
                                amount                the
4.Helper allowance to carry
                                  not               Next
     Official documents
                                 Spent               slide
   5. Research allowance
                                taxable
6. Uniform allowance to do
         Official duty
Not directly relate to
               Official duty
                (General)

1.Allowance &70% of
for transport allowance
employees     Or Rs. 6000 per
              month whichever
2.Children    is lower              They are fixed.
education     exempted              Whether spent
allowance     Rs.100 per             Or not.Excess
              month per child       Taxable as they
              max.two
              children.If in         Are not given
              hostel Rs.300           For official
              extra per child            Duty
              for two children

3. Traveling   Rs. 800 per
Amount spent or not, exemptions are given

                                                                Exercise
Particulars         No. of  Amount Exempted from
                    Childre received tax
                                                                 Chargeable
                    n/Name from                                  to tax
                            employe
                            r
1.Educational       Three    300 PM      100 x2 x12=2400         (200 x2 x12+300
allowance                    per child                           x12=8400
2.Hostel            Three    400 per     300 x2                  (100 x2 x12 +400
expenditure                  child per   x12=7,200(limited to    x12)=7200
                             month       two children
3. Transport
allowance from                           800 x12=9600            12000-9600=2400
house to office or -------   12000
vice-versa
4.Transport
company            Y                     70%(72000) or 6000      72000-50,400=21600
employee –daily              72000       per month which ever
allowance                                is lower=50,400
5. -DO-                                  6000 x 12=72000 or
Tiffin allowance, fixed medical
            allowance
• Any amount received in cash is always
  taxable before the expenditure
  incurred.
Exercise
• Salary income and various allowances: Compute the gross
  salary of Mr. Amal for the assessment year 2008-09on the
  basis of the following information:
• 1. Basic pay Rs. 8,000 per month
• 2. DA –40% of basic pay
• 3. City compensatory allowance-10% of basic pay
• 4.Medical allowance –Rs.800 per month
• 5. Children educational allowance- Rs. 200 per month for
  three children
• 6. Hostel expenditure allowance-Rs. 400 per child per
  month for 2 children
• 7. Tribal area allowance – Rs. 500 per month in Bihar
• 8. Travelling allowance – Rs. 12000(However actual
  expenditure was only Rs. 8000 for official duties
• 9. Conveyance allowance –Rs. 500 per month(the whole
Answer:
• Computation of gross salary of Mr. Amal for the
  assessment year 2008-09:
                 »                                                Taxable allowances

•   1. Basic pay          Rs. 8,000 x 12                                         96,000
•   . DA –40% of basic pay(8000 x 40% x12)                                       38 400
•   3. City compensatory allowance-10% x 8000 x12                                  9,600
•   4.Medical allowance –Rs.800 x 12                                               9,600
•   5. Children educational allowance-[ (Rs. 200-100)2 x 12+
•   200 x 12]
    4,800
•   6. Hostel expenditure allowance-(Rs. 400-300) 2 x 12
    2,400
•   7. Tribal area allowance – (Rs. 500-200) x 12                                  3,600
•   8. Travelling allowance – (Rs. 12000-8000) official duties
    4,000
         Children education –Rs. 100 per month per child for two children allowed.
•   9. Conveyance allowance –Rs. month –500)children allowed Nil
         Hostel expenditure Rs. 300 per child per 500 for two 12
Perquisites

• Casual emolument or benefit
 attached to an office or
 position in addition to salary or
  wages
• Something that benefits a man by
  going into his own pocket
• Whether perquisites should be given in
  Kind?
Perquisites
• Need not be in kind.It can be in cash.



• What are the conditions to be fulfilled
  to become a perks?
Conditions
                             To become
                             perquisites
       1.Allowed by
       Employer to                         4.Personal
         Employee                          advantage
                                             To the
                                            employee
                       3.Directly
                        Depend
                      upon service

2.Allowed during                       5. Derived by
  Continuance                             Virtue of
 Of employment                          Employer’s
                                          authority
Other conditions
• Employer and employee relationship
  should exist at any point of time-need
  not be an employee now.
• Legal origin is important-Un authorized
  advantage taken by employee without
  employer’s authority will not become
  perquisites.
Perquisites
                                  Includes
        1.Rent free
      Accommodation                             4.Personal
         Provided                              Obligations of
       By employer                              Employee
          Accommodation Related(1-3)              Met by
   Including sweeper,gardener,watchman,gas,      employer
                   electricity,
                                                     6.Fringe
                      3.value of                      Benefits
                  Benefits provided                  Allowed
                     Like furniture  5. Funds paid To employees
 2.concessional In the accommodation By employer     Of Other
Accommodation                         Other than       Than
    Provided                         RPF/Insurance  companies
  By employer                            fund
Perquisites Taxable in the hands of employee


In the hands of employee
Category-A
1.   (R)ent free or concessional      1 to 5 taxable only to
     rent accommodation
                                          Specified Employee
2.   (S)weeper in the house,
     gardener, watchman, personal
     attendant                        Category –B
3.    Free/concessional               1.Car given by employer
     (g)as,electricity,water etc
                                      2. Transport facility given by
4.    (E)ducational facility to            transport undertakings except
     employee’s family members             Railway and airlines.
     including servants and
     depentant, parents, spouse and   ( only to Specified Employee)
     children(need not be
     dependent)
• Special items in
  computation
  perquisites
Rent Free accomodation(RFA)

 • Company’s House given at free of cost
   or rented by company given to
   employee at free/cocessional rent.
 • Includes: house, flat, farm house,
   carvan(people go by camel place to
   place), mobil home,ship, floating
   structure-like boat.
 • Step1. Unfurnished Accomodation
            Central or
        State Government      Private employees
            employees
1.Central or state government
       employee-RFA

• License fee of flat determined
  by central government is
  perquisites in the hands of
  employee.
• Fair market value of
  rent is not important
RFA-Government employee-
         Exercise
• Exercise:- Mr. X is working in Central
  government service given rent free
  accommodation in an government apartment
  at free of cost. The license fee prescribed by
  government is Rs.3000 but fair rental value of
  the house is Rs. 10,000. How much is taxable?
• Answer:-next page
Answer-RFA
• Fair rent is not considered. The license fee Rs.
  3,000 is taxable in the hands of Specified
  employee.
2. Private Employees(RFA)
     • It depends on Population of the city
       where accommodation provided.
                   Population as per 2001 census


Exceeding population Population beyond              Population Upto
      25 lakhs      10 lakhs-Up to25 lakhs             10 lakhs


 Owned           Owned                             Owned
                                  Rented
  By                By                              By
employer Rented employer          15%of salary
                                                  employer       Rented
                                 or amount paid
           By                     By company                       By
         company
                                  To outsider
                                  Whichever                     company
                  10% of            Is lower          7.5% of
15% of salary
                       salary                          Salary
Explanation to the diagram
• 1.If house property is owned by employer
  depends on the population of the city
  percentage differs. Big city it is 15% of
  salary, medium city it is 10% and small
  city it is 7.5% of salary for accommodation
  with out any facility like furniture.
• If house is rented by employer given to
  employee it is 15% of salary or rent paid
  by employer whichever is less taxable for
  specified employees irrespective of the
  type of city.
If Furniture provided by
        employer

                     If rented

                    Actual hire
                      charges
                     payable
    If owned

10% of original
Cost of furniture
Meaning of salary for RFA

• All Cash salary received or recivable in hand(
  including taxable allowances) by the
  employee himself.
• Excludes all *perquisites and *DA which will
  not come under retirement purpose
• If any allowance is exempted ( like
  HRA(partly), children educational
  allowance upto Rs.100 Per month or
  transport allowance up to Rs. 800 per
  month etc.) to the extent exempted is
  not included in the meaning of salary
  but balance is included in the meaning
Exercise-RFA
• Value of rent free accommodation : Preetham is sales manager of a
  private company and for previous year 2007-08,he received the
  following emoluments(amts in Rs)
• Basic Salary                                                248000
• Bonus                                                        16000
• Dearness allowance(50% forming part of salary)
        60000
• Project allowance                                            15000
• Commission on sales
        16000
• City compensatory allowance
         25000
• Medical allowance                                            12000
• Employer contribution to recognized provision fund
         20000
• Salary pertaining the year 2008-09 has been received in advance
          20000
•
• He has been provided with a rent free accommodation in Bangalore
• He has been provided with a rent free accommodation in jaipur
  owned by the employer. The population of jaipur may be
  assumed to be 15lakhs as per 2001 census
• Determine : a) Meaning of salary for RFA
• b)the taxable value of the perquisite in respect of rent free
  accommodation.
• 1. Meaning of salary:-
• All Cash salary received or recivable in hand
  including taxable allowances by the employee
  himself.
• Excludes all *perquisites and *DA which will not
  come under retirement purpose
• Any allowance is not taxed( like
  HRA(partly), children educational
  allowance upto Rs.100 Per month or
  transport allowance up to Rs. 800 per
Meaning of salary-
           Exercise
• The valuation of rent free accommodation
  shall be 15% of the salary i.e. 15% of
  (248000+
  16000+30000+15000+16000+25000+12000)=
  Rs 54,300
• Note: Salary shall be taken on basis for the
  period for which accommodation has been
  provided. Hence advance salary for 2008-09
  shall not be taken in account.
• Employer’s contribution does not come to
  the assessee in cash as it is paid directly to
  the department. That is why I have
  mentioned the meaning of salary is cash
Exercise
•   Value of free rent accommodation : sri Mohan is purchase manager of a
    private company and for previous year 2007-08 he received the following
    emoluments-
•
•   Basic Salary                                                        120000
•   Bonus                                                               16000
•   Dearness allowance(50% forming part of salary)                        60000
•   Project allowance                                                   15000
•   Commission on purchase                                              16000
•   City compensatory allowance                                          25000
•   Medical allowance                                                   12000
•   Employer contribution to recognized provision fund                 20000
•   Salary pertaining the year 2008-09 has been received in advance    20000
•
•   He is also in part employment with B ltd and is receiving salary of Rs 80000
    P.A. he has been provided with a rent free accommodation in Mysore owned
    by the employer. The population of Mysore may be assumed to be 15 lakhs
    as per 2001 census. Determine taxable salary
solution
•   Computation of taxable salary of Sri Mohan for assessement Year 2008-09
•
•   Basic Salary                                              120000
•   Bonus                                                     16000
•   Dearness allowance(50% forming part of salary)           60000
•   Project allowance                                         15000
•   Commission on purchase                                    16000
•   City compensatory allowance                                25000
•   Medical allowance                                         12000
•   Employer contribution to RPF in excess of 12% of salary     2000
•   [20000- 12% of (120000+ 50% of 60000)]
•   Salary from B ltd                                          80000
•   Advance of salary                                          20000
•   Value of housing facility[10% of (120000+16000+30000+ 31400
•   15000+16000+25000+12000+80000)]
•     Taxable Salary                                           397400
Exercis
• Value e concessional accommodation: Sri Basant is purchase
        of
    manager of a private company and for the previous 2007-08 he
    received the following emoluments-
•   Basic Salary                                                240000
•   Bonus                                                        32000
•   Dearness allowance(50% forming part of salary)
    120000
•   Project allowance                                            30000
•   Commission on purchase                                       32000
•   City compensatory allowance
    50000
•   Medical allowance                                            24000
•   Employer contribution to recognized provision fund
    40000
•    2 months salary for year 2008-09 has been received in advance
    20000
•
• What would be the value of accommodation if the employer charges
                                  www.professoraugustin.com
  rent of Rs 2000 p.m. in the following independent cases:
Solution
• Soln: The valuation of accommodation provided at
  concessional rent shall be as under-
•
• Place of accommodation                Value of perquisite
•   Hyderabad      15% of salary less rent recovered = Rs
  70200-24000=Rs46200
•    Alwar      10% of salary less rent recovered = Rs
  46800-24000=Rs22800
•   Tumkore       7.5% of salary less rent recovered =Rs
  35100-24000=Rs11100
•
• Salary =
  240000+32000+60000+32000+30000+50000+24000 = Rs
  468000
•

• Any rent collected by employer
Furnished accommodation in
            hotel
• 24% of salary paid or payable only for the
  period accommodation provided
• Or
• Actual charges paid or payable by the
  employer to such hotel
• Whichever is lower
• Exceptions:-1.The above rule is not applicable
  if such employee stays less than 15 days in the
  previous year and
• 2.Accommodation given only he is transferred
  to such new place
• Both the conditions should be fulfilled
Perquisites –Domestic servants,
free supply of gas, electricity etc
• Sweeper, gardener watchman personal
  assistant paid by employer is perquisites
  to the extent of cost to the employer.
Monthly Fixed Education
            allowance
• Training of employees is not perquisites
• Fixed educational allowance
         Rs.100 per child per month is
  exempted per child. Maximum two
  children.Beyond is taxable
•        Hostel Rs.300 per month per child
  exempted.Maximum two children.Beyond
  it is taxable to the employee
Payment of school fees and re-
 imbursement of school fees


• Taxable as perquisites fully
Education facility to children(own) in their
   own school or any other school/college
• If less than Rs. 1000 per month exempted
• If exceeds Rs. 1000 per month
          cost of education in similar institution in
  the near locality (minus )Rs. 1000(minus)
  amount recovered.
Example:- Employer pays Rs. 1500 per month
  to the school selected by employee for three
  children and one grand children.How much is
  taxable perquisites?
Education facility to relative’s
            children
• Cost to the employer in such similar
  institution minus amount recovered
• Important Note: Only for own children
  exemption of Rs. 1000 allowed. But for the
  relative’s children such deduction is not
  allowed.
Answer- Educational facility
• 3 x 1000= 3000 exempted
• 500 x 3 + 1500= 3000 taxable
• Note: Number of children is not
  limited to two
Scholarships
• Scholarship given by employer company is
  not taxable as perquisites.

• Note:- It should not be related to his/her
  employment.
Leave travel concession for
              Family
• Any place in India
• Only travel short route permissible
• Two Journey in four block period allowed.
• If Journey is not taken place with in two
  years, in the very next year if used itcan be
  claimed.
• Flight- economy class fair allowed(not
  taxable).
• Train-Air conditioned first class fair
  allowed(Not taxable)
• Note:- Only Journey expenditure is
Employee’s obligation met by employer either
giving money or reimbursed is taxed in the hands
            of employee(17(2)(iv))
• Example:1.Domestic servant’s salary
  reimbursed by employer.
• 2.Gas connection in the name of the
  employee but monthly gas bill paid by
  employer-Taxable to all employee whether
  specified or not.
• 3.If gas connection in the name of the
  company then there is no obligation to
  employer. Such perquisites is taxable in the
  hands of Specified employee.
Amount payable by employer
   for fund on life of employee
• Taxable to all employees

• Exception:1. RPF,
•          2. approved superannuation
  fund
•          3. Group Insurance,ESI
•          4. Fidelity Guarantee scheme
Valuation of Interest
        free/concession loan
• Difference between SBI interest rate on 1st
  day of the previous year-rate of interest
  charged by company from employee.

• SBI rate:on 1st April 2007 are:- Housing loan
  more than 5 years-10.75%, Upto 5 years-
  10.25%,educational loan upto 4 lakhs-11.5%,
  above 4 lakhs-13.25%
• Exceptions- see in the next slide
Example
• X is employed by A Ltd. on 1st June 2007,
  he has taken interest free Housing loan of
  Rs. 14,00,000.How much is taxable?
Answer
• Lending rate upto 5 years is 10.25% per
  annum
• 10.25% x 14,00,000=1,19,583 is taxable.
• Suppose the interest charged by the
  company from assessee is 6%, then how
  much is taxable?
Answer
•(10.25%-6%) x 14,00,000=Rs59500
Perquisites in respect of movable assets
  given to an employee for personal use.
• 10 % of Original cost of such asset
  purchased by employer(- )reimbursed by
  employee
• If taken on rental basis by employer:
Rent payable(-)reimbursed by employee

Note: It is not on WDV value
Perquisites by sale of company
    asset at nominal rate
• Electronics and computers- Calculate WDV
  at 50% depreciation for every fully completed
  years and compare with amount charged. If
  WDV is more there is perquisites.

• Note: 1. WDV method only
• 2. Fully completed years of individual asset
  only It is not financial year. Fraction of the
  year is ignored.
• What % of depreciation on Motor car?
Motor car transferred?
• 20% depreciation under WDV for
  completed year of service.
• Other assets?
• 10% on ORIGINAL value of asset.
Exception on Interest on loan
• 1. Loan(s) less than Rs.20,000(in
  aggregate of original loan ) and
• 2.Taken for specified medical treatment.
• Amount reimbursed from medical
  insurance scheme is not considered.
Medical facilities
• Medical facilities availed in employer’s
  hospital, government hospital or hospitals
  recognised by Income tax department is not
  taxable.( No limit for specified diseases.
• If private –Up to Rs.15000 is not taxable if
  reimbursed to specified employees.
• If bill is issued in the name of employee but
  paid by employer then it is taxable in all
  types of employees.
• Family means: spouse, children, parents,
  brothers, sisters who are wholly or mainly
  dependent on him/her.
Medical facilities outside India
• Medical treatment expenditure To the
  extent of RBI’s permission is not taxable.
• Travel:employee+relative or one
  attendant-exempted provided cost does
  not exceed Rs.2,00,000.
• Stay for one relative/one attendant
  expenditure – allowed to the extent of
  RBI’s permission.
Motor car – belong to Employee
    but expenditures met by employer

• Exclusively used for private – Fully taxable.
• Exclusively used for official- Not taxable.
• Partly used for business partly for private
  and difficult to identify:-
• Calculation of perquisites:-1.6 litres car
• Actual expenditure incurred by employer
• Less:Rs.1,200 per month +600 per month if
  driver is paid.(This is assumed that it is
  incurred for official purpose)
Motor car-Owned /Hired and maintained by
          employer by employer-

• Used for private purpose:-
(All expenditure met by employer + 10%
   depreciation on original cost are perquisites)
   or higher charges
Partly for private partly for oficial:
Up to 1.6 litres-
1200(car) +600(if Driver provided) per month-
   taxable.
If more than 1.6 litre:-
1600 (car) + 600(If driver provided) per month
Motor car-Owned /Hired by employer but
       maintained by employee


 Used wholly for personal purpose

 Expenditure                         Hire charges +
 Incurred by         or             10% on original
  employer                         Cost of car incurred
                                      by employer




 Note:- if recovered by employer it is deductible
Motor car-Owned /Hired by employer
          maintained by employee

• Used Partly for private partly for official-
  difficult to identify:-
• If 1.6 litres cubic capacity- Rs.400Per
  month(Car) + 600 per month(if driver
  provided)----Taxable
• If above 1.6 litres cubic capacity:
• Rs.600 per month(car) +Rs.600per
  month(if driver provided) taxable.
  Note: amount recovered from employee is not deductible
Other than car like two wheeler
   owned by employee but maintained by
                    employer
• Partly for office and partly for private-if
  difficult to measure:
• Expenditure incurred by employer
Less: Rs.600 per month or higher sum for
  official purpose as per log book if
  maintained
Less: Amount recovered from employee
 balance is taxable in the hands of
  assessee.
Higher claim on car
• Conditions:
• 1.Complete detail of journey for official
  purpose to be maintained
• 2.Certified by employer that the
  expenditure was incurred wholly and
  exclusively for official purposes.
• Ref: Income tax by Dr. Singhania-page
  147-149 39th edition.

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Taxation 3 salary

  • 2. Education for all Casually sit back and relax and enjoy your Income tax What do you mean by rest? B. Com, BBM, M.Com, INCOME FROM This slides are Prepared for Any one who SALARY Players!! Had not Now you Attended classes By Do some regularly Prof. Augustin Amaladas and Prof.Amala shanthi Exercise Or do not have St. Joseph’s College of Commerce and Jyoti Even not Time or money. Nivas college respectively, Bangalore Studied M.Com., AICWA.,PGDFM., B.Ed. So far. 09845844319 aug_bang@yahoo.com M B ICWA As It is so simplified in such a way that you can easily understand CA CS
  • 3. www.professoraugustin.com DEDICATED TO OUR KIDS Joewin Shamalina And Tim Sebastian
  • 4. salary Fringe Benefit tax Taxable To Employer Applicable Basic + DA+ To companies Commission etc Normal components Perquisites Taxable Allowances To employee
  • 5. Alternative work is rest Definition of salary • Section 15 • Employer and employee relationship is very important. • Director of a company is not an employee- therefore his remuneration does not come under salary • Emolument received by college lecturer for valuation of answer scripts in the university does not come under salary because he/She is not an employee of the university but employee of a college.They come under income from other sources
  • 6. Threat is your opportunity Paper setting, MP and MLA • If the same lecturer receives emoluments(remuneration or salary) from his college for academic or non academic work constitute salary. • Question paper set to other colleges or other universities comes under other sources. • A Member of parliament(MP), Member of the state assembly(MLA) receives remuneration does not come under salary as there is no employer employee relationship between government of India and MP and MLA.-therefore comes under
  • 7. Salary and wages • Income tax point of view there is no difference between salary and wages. Strength is your weakness
  • 8. If More than one employer • Salary from each source is taxable under the head salary • Example: Mr. A works in two places part time job. He is calculated under the head salary in both the places. All problems and happiness are temporary
  • 9. Pension from former employer • As pension paid due to the previous employer employee relationships it is taxed under salary provided the same employee receives(alive) • If, after the death of such employee family pension received by spouse(wife or husband) comes under other sources, as there is no employer employee relationship after the death of such employee. as it is Take your life
  • 10. Employer includes • Former • Present • And prospective employer Love others in order to love oneself
  • 11. If No intention to pay? • Agreement between teacher and management to pay salary to employee and another agreement by which an identical sum has to be returned by the same teacher(assessee)-does not constitute salary because salary is not real but fictitious.(Actual intension to pay is important) Play every day
  • 12. Whether salary taxed on payment or due basis? • Salary is taxable on due or receipt whichever earlier • Advance salary received or salary of the last month not received is taxed in the current previous year • See Example: Next slide
  • 13. Example • April 2008 salary received in March 2008-taxable in the previous year 2007- 08 itself as it is received in 2007-08 period(receipt or due which ever is earlier) • March 2008 salary received in April 2008-taxable in the previous year 2007- 08 only(receipt or due which ever is earlier) Otherwise hardship
  • 14. Surrender of salary • Surrender to central government- either by government employee or private employee-not taxable salary. Women have changed but men have not changed in India
  • 15. If Tax paid by employer? • If Employer pays tax on employee then total salary to such employee will be Net salary received + tax paid by employer Change in attitude of men required to have a harmony in family life
  • 16. Gifts given by employer? • Taxable under the head salary Men also should learn cooking as woman is working like men
  • 17. Salary under section 17(1) • Wages • Any annuities or pension • Any gratuity • Any fees, commission • Perquisites( received in kind) • Profit in lieu of salary • Advance of salary • Any accretion(addition) due to interest on provident fund paid out of the employer’s contribution. • The contribution paid by employer under notified pension scheme Do not fight.If you want to fight, fight after??
  • 18. Pension received by former employee who rendered service in India • Pension received outside india by an employee who rendered services in India taxable in India to all assessees(resident, not ordinarily resident and non resident) as salary is from India. • Place of accrual of salary is important- from India or from outside India After meal why?
  • 19. Exercise-1 • 1.Pension paid abroad for the services rendered in India? • 2.Leave salary paid outside India for the services rendered in India? • 3.Salary paid by government of India to an Indian National outside India if services rendered outside India? • 4.Allowances received outside India by Central government employee for services rendered outside India? Normally people do not fight after meal.
  • 20. Answer-1 • 1.taxable as services rendered in India • 2. Taxable as services rendered in India • 3. - DO- • 4. Allowances paid by government of India to its employees(Indian nationals) outside India for the services rendered outside India are exempted as per section 10(7)
  • 21. Different forms of salary- Retirement benefits • 1. Leave encashment salary • 2.Gratuity • 3.Pension • 4.Retrenchment compensation • 5.Provident Fund • [Examination point of view these five items are very important]
  • 22. Leave encashment • It is not related to casual leave • For every completed year of service employee is entitled to receive a certain number of days of paid leave.Employee either can take leave or en cash it while in service or after retirement. • Note: Any thing received while in service is normally taxable.After retirement there are some concessions given.
  • 23. 1.Leave encashment 1.Received while in Service Received At the time Fully taxable(government or of retirement Non government employee) Non government employee Government (including local authority Employees-Exempted and corporation employees) Central/ State govt. (see next slide) Employees(2)
  • 24. Non-government employee (including local authority and corporation employees) *Average salary Basic + % DA comes only for retirement +fixed % of commission on sales. Least of the following Note: Immediately before the Exempted out of leave cash received The retirement a) 10 months average salary* b) Amount specified by the government-3,50,000 c) Actually received at the time of retirement d) [Period of leave on 30 days basis (if more than 30 days as per service rules)for every completed year of service( -) leave availed while in service(-)leave encashed while in service] x (average salary)*
  • 25. • Basic + DA which comes for retirement +fixed percentage of commission only on sales. • Do not consider fixed amount of commission on sales • Do not consider variable or fixed percentage of commission on purchase • BDA employee is not a government employee as for as the leave encashment point of view. • Note: 1.Fixed % of commission is different from fixed amount of commission(monthly fixed amount)
  • 26. Exercise-1 • X an employee of the central government receives Rs.4,00,000 as cash equivalent to leave credit to his salary on 1st Feb. 200X after his retirement. • a)How much is taxable? • b)Suppose X is a private employee and received Rs.15000 as salary and served 20 years and 3 months and taken 3 months leave while in service at the time of retirement? • c)If X had rendered 24 years and 8 months of service and he is employee of BDA and received Rs 15,000 basic, 40% DA out of which only 60% will come for retirement purpose and 5% variable and 4% fixed commission on sales where sales achieved in the previous year was Rs.30,00,000. Leave availed while in service was 10 months and 8 months leave en cashed ? • d)Suppose X receives leave encashment while in service and he is a government employee?
  • 27. Answer • a) after the retirement leave encashment by government employee is not taxable. • b)If he is a private employee the least of the following is exempted from the amount received Rs.4,00,000 • 1.Actually received-Rs.4,00,000; • 2.10 months average salary=15000 x 10=1,50,000; • 3.Maximum limit=Rs.3,00,000 4. One month for completed year of service(-)leave availed while in service(-)leave en cashed while in service x (average salary) = 20months-3month-0 months(15,000)=2,55,000 How much is exempted? How much is taxable?
  • 28. The lowest of all four is Rs.1,50,000 is exempted from Rs.4,00,000 Therefore taxable leave encashment is Rs.2,50,000. (Rs.4,00,000-1,50,000)
  • 29. • c) Working Notes:- • No of years of service= 24 years and 8 months=24 years only(fraction is ignored) • Average salary=15000 +(40% x 60% x15000) +(4% x 10/12) (30,00,000)=15000 +3600 +30,00,000 x10/12 x 4%/10=28,600 • Rs. 30,00,000 is for 12 months but we have to calculate for ten months only before the date of retirement. • Least of the following is exempted out of Rs.4,00,000: • A) Actually received-Rs.4,00,000 • B) 10 months average salary-10 x 28,600=Rs.2,86,000 • C) (24 months-10 months-8 months) x 28,600=Rs.1,71,600 • D) Maximum limit-Rs.3,00,000 • Least of the above is Rs.1,71,600 which is exempted . • Therefore taxable leave salary is • Rs.4,00,000-Rs.1,71,600=Rs.2,28,400
  • 30. • D) Salary received by government employee while in service is fully taxable.
  • 31. @Exercise-2 • X a non government employee receives Rs.2,50,000 as leave salary at the time of retirement on February 20, 2008. On the following information, determine the amount of taxable leave salary: Basic salary Rs.15,000 per month since 2005. Duration of service : 26 years; leave at the credit of X at the time of retirement: 25 months; entitlement of leave salary: 60 days’ salary for every year of service and leave availed while in service: 27 months.
  • 32. Working notes for exercise-2 • 1. No of years:26 years equal to 26 months for our calculations because every completed year of service one month is allowed. • 2.Average salary Rs.15,000 Least of the following is exempted from Rs.2,50,000 a) Actually received Rs.2,50,000 b) 10 months salary=10 x Rs.15,000=1,50,000 c) Maximum limit Rs.3,00,000 d) (26 months-27 months-8 months) x Rs.15,000=0 (as it is negative it is equal to Zero) Least exempted leave encashment is Rs.0. Therefore taxable leave encashment is Rs.2,50,000.
  • 33. Fees and commission • Taxable as salary if paid to employee by employer
  • 34. Bonus • It is taxable on due basis. • If it is not taxable on due basis it is taxable on receipt basis.
  • 35. Gratuity 1.Government Non Government employee Non Government employee Employee(Central,State under the payment of gratuity under not covered under the and local authority Act. payment of gratuity Act. employees)(three) Including statutory Including statutory corporation corporation 2.Average salary: Average salary:last drawn Average Salary: Basic +DA Not necessary includes Basic+DA comes for retirement +Fixed % of commission on sales No of days in a month- 3.No of days in a No of days in a month- month-Not necessary 26 days only 30 days only 4..Received while in Received while in service is Received while in service is service is fully taxable fully taxable fully taxable Received Gratuity at the time 5.Received Gratuity at of retirement: Received Gratuity at the time the time of retirement of retirement: Least of the following is Exempted exempted Least of the following is see in the next page. exempted(next page)
  • 36. Non Government employee under Non Government employee under the payment of gratuity Act. not covered under the payment of Including statutory corporation gratuity Act. Including statutory corporation The Least of the following isThe least of the following is exempted from gratuity exempted from gratuity received: received: 1.(15/26) x (last salary 1.(15/30) x (10 preceding drawn )x (number of years of months average salary) x service ) ie.Basic+DA (number of fully completed years of service) (No commission please) Basic + % DA comes for Year= above 6 months is retirement + Fixed Percentage considered as one year. of commission on sales 2.Rs.3,50,000 2. Rs.3,50,000 3.Gratuity actually received 3. Gratuity actually received
  • 37. Exercise-1 • Mr. X retires from service on Nov.18 200X and received Rs.3,40,000 as gratuity after 32 years and 8 months. His salary at the time of retirement is Basic Rs.19000 and DA 40% on Basic and 4% commission on sales. • Sales achieved preceding ten months was Rs.15,00,000. Basic salary was more by Rs.2000 since 1 st April 200X. st • 60% of DA will come for retirement purpose. • Answer the following:How much is taxable gratuity? • A)If Mr.X is a government employee? • B) If Mr. X is a private employee who is covered under the payment of gratuity act? • C) If Mr. X is a BDA employee? • D) If Mr.X is a Bangalore Mahanagara paliga(BMP) employee? • E) If Mr. X is a XYZ public Ltd.(a Government
  • 38. Answer Particulars Government A BDA BMP Employee employee employee 1.Years of service Not applicable Local BMP is a authority= corporation.therefore Government the employee is a employee private employee who is covered under the payment of gratuity Act. Year of service=33 years. Not 2.Meaning of Not necessary Basic + Full DA =Rs.19,000 necessary salary +40%(19000)=26,600 Least of the following is Not taxable exempted: 3.How much Not taxable 1. Rs.3,50,000 taxable? 2. Gratuity actually received Rs.Rs.3,40,000 3. (15/26)x 33 x Rs.26,600=5,06,423 Least=Rs.3,40,000 exempted.Therefore
  • 39. Particulars XYZ Public limited Wife receives after the death government company not of Mr.X covered under the payment of gratuity Act 1.Year of service Fraction of the year is Not required as there is no ignored. Therefore 32 years employer employee relationship after the death of Mr.X.The gratuity received is taxable under the head income under other sources. 2.Meaning of salary Average salary 10 months preceding the month of retirement=Basic+DA which Least of the following is comes for retirement +fixed % of commission= January exempted: to October salary= Jan to 1.(15/30) x32 March Rs.17,000 each and x31,760=Rs.5,08,160 19000 from April to 2.Rs. 3,50,000 October=Rs.1,84,000+ 3.Gratuity actually Rs.7360 x10(DA)+6000 x received=Rs. 3,40,000 10(Commission) Least : Rs. 3,40,000 Average salary=3,17,600/10 Therefore Gratuity received =Rs.31760 is fully exempted.
  • 40. Pension • Regular pension received by the employee himself ( not dead )after the retirement is taxable as salary. • Family pension(after the death of husband/wife) received by wife/husband comes under income from other sources as there is no employer and employee relationship after the death of husband who was an employee. 1/3 rd of family pension or •Standard deduction is available ie. •15,000 whichever is lower is deductible from family pension.
  • 41. Commuted pension-Sec.17(1) (ii) • Instead of receiving monthly pension some portion of regular pension can be accumulated and can be received( after retirement/voluntary retirement) a lump sum is known as commuted pension. • 1. Government employee-Exempted after retirement. • Government employee means:-Central, state,local authority and corporation employees(totally 4)
  • 42. Non Government employee- commuted pension • If gratuity received Maximum 1/3 of the regular pension can be commuted which is not taxable. • If gratuity is not received ½ of the regular pension can be commuted which is not taxable. • Note: above those limits are taxable for non government employees • See example in the next slide
  • 43. Example – commuted pension • Mr. X receives pension every month Rs.10,000. He wants to commute some portion of the pension. • ? How much can he commute if • A) he is a state government employee • B) he is a Bangalooru development authority employee. • C) He is receiving gratuity from Karnataka Government. • D) He is an employee of Shanthi Ltd.
  • 44. Answer for commuted pension • A,B and C all are government employees therefore any amount of pension commuted are exempted . It is because government never exceeds the statutory limit of 1/3 or ½ depends on the situation. • D) If he an employee of Shanthi ltd. Max.1/3 if he receives gratuity ie 1/3(10,000)=Rs.3333 • If he does not receive gratuity he can commute ½ of pension ie. ½(10,000)=Rs.5,000. • Note:remaining pension regularly received (after commutation)is taxable.
  • 45. Pension scheme-(after 1st Jan 2004) • Applicable for those join after 1st Jan 2004 • Contribution made by employer –taxable • Employer and employee’s contribution to the extent of 10% is deductible as saving U/S80CCD. Beyond 10% is not deductible. • When pension received –fully taxed in the hands of recipient • Salary=Basic +DA if it comes for retirement benefit • Example-next page
  • 46. Exercise • Mr. X joined a government service on January 2007 for a salary of Rs.40,000 per month.The government contributes towards pension scheme is Rs.5000 per month.Find out how much is taxable for the year 2007- 08, 2008-09 and 2009-10 previous year? • Answer: 1st April-31st March • 12 months salary=40,000 x12= 4,80,000 • Government contribution 5000 x12= 60,000 • Total 5,40,000 • Less: deduction U/S 80CCD • Upto 10% both by employer and employer=4000 x2=8000 per month. • Annual Saving =8000 x12=96000 deductible from 5.40,000. • Net taxable salary=Rs.5,40,000- 96,000=4,44,000.Applicable for all three years.
  • 47. Does it make any difference if he had joined XYZ Ltd? • No. It is because this provision is applicable both for government and any other employer.
  • 48. Annuity[17(1)(ii)] • Annual payment constantly paid by employer to employee. • Even paid voluntarily it is taxable • Annuity received from ex employer is taxed as profit in lieu of salary-taxed as salary.
  • 49. Retrenchment compensation[10(10B)] • The Least of the following is exempted: • 1. Amount calculated as per Industrial dispute act. • (15 days salary for every completed year of service and fraction beyond 6 months ie. 25 years and 7 months=26 years.) • 2. Rs. 5,00,000 notified by Government • 3.The amount received • Exercise:-next page Note: If approved by government, under any scheme, such amount is fully exempted.
  • 50. Exercise • Mr. X has working in BPL. Due to closing down of the company, company pays to Mr.X Rs. 2,60,000 as compensation.He has rendered service 20 years and 8 months.Average salary was Rs.20,000. How much is taxable? How much is exempted? • Answer: no of years of service=21 years • 1.Compensation as per Industrial dispute 15/30(20,000) (21)=2,10,000 • 2.Rs.5,00,000 • 3.Rs.2,60,000 • Least is Rs.2,10,000 is exempted. Therefore 50,000 is taxable ie (2,60,000-2,10,000)
  • 51. Profit in lieu of salary • If company wants a manager to quit immediately as per the service rules he is paid a lump sum immediately. Such compensation is treated as salary. • The compensation can be received from present or former employer.
  • 52. Remuneration for extra duties • Taxed as salary • Even warden ship remuneration also taxed as salary
  • 53. Salary received from a United Nations organisation • Not taxable in India
  • 54. VRS[10(10C)] • Voluntary Retirement scheme • Maximum amount of exemption is Rs.5,00,000. • Up to Rs. 5,00,000 is exempted • Conditions: • The same employee can not be re- employed in the same or any other company comes under the same management. • Salary means the last salary drawn for computation of compensation • Basic+ DA which comes for retirement + fixed % of commission on sales.
  • 55. Provident fund Particulars Statutory PF Recognised PF Un-recognised PF Public PF 1.Who maintains? Government Private Not recognised by Personal and semi- establishments commissioner of savings in government having 20 or Income-tax act post office by more employees Employer self employed Both employer contributes but etc. Both employer and similar there is no 2.Who contributes? contribution by separate account By and similar employees in the name of Employee(not contribution by employees employee by employer 3.Exempted or not? Employer’s Only when contribution employer Employees Employer’s Since exceeding 12% transfers his employer does contribution comes contribution is account to under Section 80C exempted. of salary and not contribute Interest employee’s as savings in all nothing is exceeding 9.5% account is taxable taxable cases or converted to taxable. recognised PF excess over 12% Salary means of salary and excess over 9.5% Basic+DA+Fixed % of towards interest is Commission on Sales taxable
  • 56. City compensatory allowance • Fully taxable as salary
  • 57. House rent allowance(10[13A]) be lowest of •Exemption will • (a) 50% of salary where residential accommodation is in Mumbai, Kolkata, Delhi or Chennai and 40% of at other place (b)(Rent paid minus 10% of salary) (c) Actual allowance paid. • There will be no tax exemption if the residential accommodation is self occupied (not taken house for rent by employee or employee has not paid any rent for residential accommodation used by him [section 10(13A) of Income Tax Act and rule 2A] •Salary means basic plus DA (if forming part of retirement benefits) • plus commission (if fixed as a percentage of turnover).
  • 58. House rent allowance • Important points: • 1.It is advisable to calculate claim month wise if any changes in salary or house rent allowance or rent paid or place of stay during the previous year. • 2. Salary to be estimated on due basis when you calculate the meaning of salary • Place of work is not important but the place of accommodation taken is important either to claim 50% or 40% depends on type of city. • After receiving rent allowance either he stays in his own house or rent accomodation is not taken rent allowance for such period is taxable.
  • 59. Exercise- 1 • Mr. X works in Mumboi but stays in Pune and receives house rent allowance of Rs.12,000. He pays Rs. 15,000 per month as rent.His Basic is Rs.20,000, DA-30% which will come for retirement purpose. • A)Compute taxable House rent allowance if he has taken a rented house in Pune. • B) If he stays in Mumboi and pays the same rent. • C) suppose he stays in his own house in Mumboi • D) suppose he has taken a house for rent in Mumboi for the same rent but rent his own house in Pune? • E) Suppose he stays in a rented house upto December in Mumboi by paying same rent and taken a rented house in Pune from 1st January for a
  • 60. Answer-HRA • A) Rented house in Pune: • Since salary, place of stay, HRA and rent paid are same throughout the year we can calculate for the whole financial year. House rent Allowance received (12,000x12) Rs.1,44,000 Least of the following is exempted: 1.40% of salary*=26000 x 12 x40% 1,24,800 2.Rent paid-10% of salary* 1,48,800 [(15000-10% x26000) x 12] 3.Actually received 1,44,000 *Salary means: The Least is Rs.1,24,800 which is exempted out of HRA 20,000+(30% x20,000)=26,000 received.There fore taxable HRA is Rs.19,200 ie (1,44,000-1,24,800)
  • 61. Answer-HRA • A) Rented house in Mumboi • Since salary, place of stay, HRA and rent paid are same throughout the year we can calculate for the whole financial year. House rent Allowance received (12,000x12) Rs.1,44,000 Least of the following is exempted: 1.40% of salary*=26000 x 12 x50% 1,56,800 2.Rent paid-10% of salary* 1,48,800 [(15000-10% x26000) x 12] 3.Actually received 1,44,000 *Salary means: The Least is Rs.1,44,000 which is exempted out of HRA 20,000+(30% x20,000)=26,000 received.There fore taxable HRA is Zero ie (1,44,000- 1,44,000)
  • 62. C) Stayed in Mumboi in own house • The entire rent allowance received is fully taxable as he stays in own house in Mumboi. • There fore Rs.1,44,000 is fully taxable. • D) It does not make any difference with answer C as he stays in a rented house in Mumboi, the answer ‘A’is applicable.-See the answer A.The house rented in Pune and rent receivable comes under the head income from House property.
  • 63. E. Up to December in Mumboi in a rented house and thereafter in Pune in a rented house • Exempted HRA in Mumboi Nine months • Meaning of salary:Rs.26,000 • HRA received Rs.1,08,000 • Least of the following is exempted: • 1. 50% of salary=26000 x50% x9 Rs.1,17,000 • 2. Rent paid – 10% of salary Rs.1,11,600 • [(15000-10% x26000) x 9] 3.Actually received 1,08,000 The least is 1,08,000. There fore for the 9 months entire HRA is exempted. Nothing is taxable. Exempted HRA in Pune :-Next slide www.professoraugustin.com
  • 64. 3 Months HRA in Pune in a rented house • Meaning of salary:Rs.26,000 • HRA received Rs.36,000 • Least of the following is exempted: • 1. 40% of salary=26000 x40% x3 Rs.31,200 • 2. Rent paid – 10% of salary Rs.22,200 • [(10000-10% x26000) x 3] 3.Actually received 36,000 The least is Rs.22,200 which is exempted. There fore for the3 months the taxable HRA is Rs.13,800[ 36000- 22200] Therefore HRA taxable for the previous year is Rs. 13,800.
  • 65. Entertainment allowance[16(ii)] • In case of *government employees:Least of the following is deductible: • 1. Rs. 5,000; • 2. 20% of salary**; • 3.Amount of entertainment allowance granted during the previous year. Non government employees are not exempted *Government employee **Salary excludes any allowance Central and State government employees Benefit or other perquisites
  • 66. Special allowances[10(14)] For official duties Not directly relate to (after Official duty Reaching office) (General) 1.Official travel/transfer To be Allowance to meet the cost Spent 2.Conveyance allowance Fully to meet customers Other 3.daily allowance on official Wise, See in Tour/journey amount the 4.Helper allowance to carry not Next Official documents Spent slide 5. Research allowance taxable 6. Uniform allowance to do Official duty
  • 67. Not directly relate to Official duty (General) 1.Allowance &70% of for transport allowance employees Or Rs. 6000 per month whichever 2.Children is lower They are fixed. education exempted Whether spent allowance Rs.100 per Or not.Excess month per child Taxable as they max.two children.If in Are not given hostel Rs.300 For official extra per child Duty for two children 3. Traveling Rs. 800 per
  • 68. Amount spent or not, exemptions are given Exercise Particulars No. of Amount Exempted from Childre received tax Chargeable n/Name from to tax employe r 1.Educational Three 300 PM 100 x2 x12=2400 (200 x2 x12+300 allowance per child x12=8400 2.Hostel Three 400 per 300 x2 (100 x2 x12 +400 expenditure child per x12=7,200(limited to x12)=7200 month two children 3. Transport allowance from 800 x12=9600 12000-9600=2400 house to office or ------- 12000 vice-versa 4.Transport company Y 70%(72000) or 6000 72000-50,400=21600 employee –daily 72000 per month which ever allowance is lower=50,400 5. -DO- 6000 x 12=72000 or
  • 69. Tiffin allowance, fixed medical allowance • Any amount received in cash is always taxable before the expenditure incurred.
  • 70. Exercise • Salary income and various allowances: Compute the gross salary of Mr. Amal for the assessment year 2008-09on the basis of the following information: • 1. Basic pay Rs. 8,000 per month • 2. DA –40% of basic pay • 3. City compensatory allowance-10% of basic pay • 4.Medical allowance –Rs.800 per month • 5. Children educational allowance- Rs. 200 per month for three children • 6. Hostel expenditure allowance-Rs. 400 per child per month for 2 children • 7. Tribal area allowance – Rs. 500 per month in Bihar • 8. Travelling allowance – Rs. 12000(However actual expenditure was only Rs. 8000 for official duties • 9. Conveyance allowance –Rs. 500 per month(the whole
  • 71. Answer: • Computation of gross salary of Mr. Amal for the assessment year 2008-09: » Taxable allowances • 1. Basic pay Rs. 8,000 x 12 96,000 • . DA –40% of basic pay(8000 x 40% x12) 38 400 • 3. City compensatory allowance-10% x 8000 x12 9,600 • 4.Medical allowance –Rs.800 x 12 9,600 • 5. Children educational allowance-[ (Rs. 200-100)2 x 12+ • 200 x 12] 4,800 • 6. Hostel expenditure allowance-(Rs. 400-300) 2 x 12 2,400 • 7. Tribal area allowance – (Rs. 500-200) x 12 3,600 • 8. Travelling allowance – (Rs. 12000-8000) official duties 4,000 Children education –Rs. 100 per month per child for two children allowed. • 9. Conveyance allowance –Rs. month –500)children allowed Nil Hostel expenditure Rs. 300 per child per 500 for two 12
  • 72. Perquisites • Casual emolument or benefit attached to an office or position in addition to salary or wages • Something that benefits a man by going into his own pocket • Whether perquisites should be given in Kind?
  • 73. Perquisites • Need not be in kind.It can be in cash. • What are the conditions to be fulfilled to become a perks?
  • 74. Conditions To become perquisites 1.Allowed by Employer to 4.Personal Employee advantage To the employee 3.Directly Depend upon service 2.Allowed during 5. Derived by Continuance Virtue of Of employment Employer’s authority
  • 75. Other conditions • Employer and employee relationship should exist at any point of time-need not be an employee now. • Legal origin is important-Un authorized advantage taken by employee without employer’s authority will not become perquisites.
  • 76. Perquisites Includes 1.Rent free Accommodation 4.Personal Provided Obligations of By employer Employee Accommodation Related(1-3) Met by Including sweeper,gardener,watchman,gas, employer electricity, 6.Fringe 3.value of Benefits Benefits provided Allowed Like furniture 5. Funds paid To employees 2.concessional In the accommodation By employer Of Other Accommodation Other than Than Provided RPF/Insurance companies By employer fund
  • 77. Perquisites Taxable in the hands of employee In the hands of employee Category-A 1. (R)ent free or concessional 1 to 5 taxable only to rent accommodation Specified Employee 2. (S)weeper in the house, gardener, watchman, personal attendant Category –B 3. Free/concessional 1.Car given by employer (g)as,electricity,water etc 2. Transport facility given by 4. (E)ducational facility to transport undertakings except employee’s family members Railway and airlines. including servants and depentant, parents, spouse and ( only to Specified Employee) children(need not be dependent)
  • 78. • Special items in computation perquisites
  • 79. Rent Free accomodation(RFA) • Company’s House given at free of cost or rented by company given to employee at free/cocessional rent. • Includes: house, flat, farm house, carvan(people go by camel place to place), mobil home,ship, floating structure-like boat. • Step1. Unfurnished Accomodation Central or State Government Private employees employees
  • 80. 1.Central or state government employee-RFA • License fee of flat determined by central government is perquisites in the hands of employee. • Fair market value of rent is not important
  • 81. RFA-Government employee- Exercise • Exercise:- Mr. X is working in Central government service given rent free accommodation in an government apartment at free of cost. The license fee prescribed by government is Rs.3000 but fair rental value of the house is Rs. 10,000. How much is taxable? • Answer:-next page
  • 82. Answer-RFA • Fair rent is not considered. The license fee Rs. 3,000 is taxable in the hands of Specified employee.
  • 83. 2. Private Employees(RFA) • It depends on Population of the city where accommodation provided. Population as per 2001 census Exceeding population Population beyond Population Upto 25 lakhs 10 lakhs-Up to25 lakhs 10 lakhs Owned Owned Owned Rented By By By employer Rented employer 15%of salary employer Rented or amount paid By By company By company To outsider Whichever company 10% of Is lower 7.5% of 15% of salary salary Salary
  • 84. Explanation to the diagram • 1.If house property is owned by employer depends on the population of the city percentage differs. Big city it is 15% of salary, medium city it is 10% and small city it is 7.5% of salary for accommodation with out any facility like furniture. • If house is rented by employer given to employee it is 15% of salary or rent paid by employer whichever is less taxable for specified employees irrespective of the type of city.
  • 85. If Furniture provided by employer If rented Actual hire charges payable If owned 10% of original Cost of furniture
  • 86. Meaning of salary for RFA • All Cash salary received or recivable in hand( including taxable allowances) by the employee himself. • Excludes all *perquisites and *DA which will not come under retirement purpose • If any allowance is exempted ( like HRA(partly), children educational allowance upto Rs.100 Per month or transport allowance up to Rs. 800 per month etc.) to the extent exempted is not included in the meaning of salary but balance is included in the meaning
  • 87. Exercise-RFA • Value of rent free accommodation : Preetham is sales manager of a private company and for previous year 2007-08,he received the following emoluments(amts in Rs) • Basic Salary 248000 • Bonus 16000 • Dearness allowance(50% forming part of salary) 60000 • Project allowance 15000 • Commission on sales 16000 • City compensatory allowance 25000 • Medical allowance 12000 • Employer contribution to recognized provision fund 20000 • Salary pertaining the year 2008-09 has been received in advance 20000 • • He has been provided with a rent free accommodation in Bangalore
  • 88. • He has been provided with a rent free accommodation in jaipur owned by the employer. The population of jaipur may be assumed to be 15lakhs as per 2001 census • Determine : a) Meaning of salary for RFA • b)the taxable value of the perquisite in respect of rent free accommodation. • 1. Meaning of salary:- • All Cash salary received or recivable in hand including taxable allowances by the employee himself. • Excludes all *perquisites and *DA which will not come under retirement purpose • Any allowance is not taxed( like HRA(partly), children educational allowance upto Rs.100 Per month or transport allowance up to Rs. 800 per
  • 89. Meaning of salary- Exercise • The valuation of rent free accommodation shall be 15% of the salary i.e. 15% of (248000+ 16000+30000+15000+16000+25000+12000)= Rs 54,300 • Note: Salary shall be taken on basis for the period for which accommodation has been provided. Hence advance salary for 2008-09 shall not be taken in account. • Employer’s contribution does not come to the assessee in cash as it is paid directly to the department. That is why I have mentioned the meaning of salary is cash
  • 90. Exercise • Value of free rent accommodation : sri Mohan is purchase manager of a private company and for previous year 2007-08 he received the following emoluments- • • Basic Salary 120000 • Bonus 16000 • Dearness allowance(50% forming part of salary) 60000 • Project allowance 15000 • Commission on purchase 16000 • City compensatory allowance 25000 • Medical allowance 12000 • Employer contribution to recognized provision fund 20000 • Salary pertaining the year 2008-09 has been received in advance 20000 • • He is also in part employment with B ltd and is receiving salary of Rs 80000 P.A. he has been provided with a rent free accommodation in Mysore owned by the employer. The population of Mysore may be assumed to be 15 lakhs as per 2001 census. Determine taxable salary
  • 91. solution • Computation of taxable salary of Sri Mohan for assessement Year 2008-09 • • Basic Salary 120000 • Bonus 16000 • Dearness allowance(50% forming part of salary) 60000 • Project allowance 15000 • Commission on purchase 16000 • City compensatory allowance 25000 • Medical allowance 12000 • Employer contribution to RPF in excess of 12% of salary 2000 • [20000- 12% of (120000+ 50% of 60000)] • Salary from B ltd 80000 • Advance of salary 20000 • Value of housing facility[10% of (120000+16000+30000+ 31400 • 15000+16000+25000+12000+80000)] • Taxable Salary 397400
  • 92. Exercis • Value e concessional accommodation: Sri Basant is purchase of manager of a private company and for the previous 2007-08 he received the following emoluments- • Basic Salary 240000 • Bonus 32000 • Dearness allowance(50% forming part of salary) 120000 • Project allowance 30000 • Commission on purchase 32000 • City compensatory allowance 50000 • Medical allowance 24000 • Employer contribution to recognized provision fund 40000 • 2 months salary for year 2008-09 has been received in advance 20000 • • What would be the value of accommodation if the employer charges www.professoraugustin.com rent of Rs 2000 p.m. in the following independent cases:
  • 93. Solution • Soln: The valuation of accommodation provided at concessional rent shall be as under- • • Place of accommodation Value of perquisite • Hyderabad 15% of salary less rent recovered = Rs 70200-24000=Rs46200 • Alwar 10% of salary less rent recovered = Rs 46800-24000=Rs22800 • Tumkore 7.5% of salary less rent recovered =Rs 35100-24000=Rs11100 • • Salary = 240000+32000+60000+32000+30000+50000+24000 = Rs 468000 • • Any rent collected by employer
  • 94. Furnished accommodation in hotel • 24% of salary paid or payable only for the period accommodation provided • Or • Actual charges paid or payable by the employer to such hotel • Whichever is lower • Exceptions:-1.The above rule is not applicable if such employee stays less than 15 days in the previous year and • 2.Accommodation given only he is transferred to such new place • Both the conditions should be fulfilled
  • 95. Perquisites –Domestic servants, free supply of gas, electricity etc • Sweeper, gardener watchman personal assistant paid by employer is perquisites to the extent of cost to the employer.
  • 96. Monthly Fixed Education allowance • Training of employees is not perquisites • Fixed educational allowance Rs.100 per child per month is exempted per child. Maximum two children.Beyond is taxable • Hostel Rs.300 per month per child exempted.Maximum two children.Beyond it is taxable to the employee
  • 97. Payment of school fees and re- imbursement of school fees • Taxable as perquisites fully
  • 98. Education facility to children(own) in their own school or any other school/college • If less than Rs. 1000 per month exempted • If exceeds Rs. 1000 per month cost of education in similar institution in the near locality (minus )Rs. 1000(minus) amount recovered. Example:- Employer pays Rs. 1500 per month to the school selected by employee for three children and one grand children.How much is taxable perquisites?
  • 99. Education facility to relative’s children • Cost to the employer in such similar institution minus amount recovered • Important Note: Only for own children exemption of Rs. 1000 allowed. But for the relative’s children such deduction is not allowed.
  • 100. Answer- Educational facility • 3 x 1000= 3000 exempted • 500 x 3 + 1500= 3000 taxable • Note: Number of children is not limited to two
  • 101. Scholarships • Scholarship given by employer company is not taxable as perquisites. • Note:- It should not be related to his/her employment.
  • 102. Leave travel concession for Family • Any place in India • Only travel short route permissible • Two Journey in four block period allowed. • If Journey is not taken place with in two years, in the very next year if used itcan be claimed. • Flight- economy class fair allowed(not taxable). • Train-Air conditioned first class fair allowed(Not taxable) • Note:- Only Journey expenditure is
  • 103. Employee’s obligation met by employer either giving money or reimbursed is taxed in the hands of employee(17(2)(iv)) • Example:1.Domestic servant’s salary reimbursed by employer. • 2.Gas connection in the name of the employee but monthly gas bill paid by employer-Taxable to all employee whether specified or not. • 3.If gas connection in the name of the company then there is no obligation to employer. Such perquisites is taxable in the hands of Specified employee.
  • 104. Amount payable by employer for fund on life of employee • Taxable to all employees • Exception:1. RPF, • 2. approved superannuation fund • 3. Group Insurance,ESI • 4. Fidelity Guarantee scheme
  • 105. Valuation of Interest free/concession loan • Difference between SBI interest rate on 1st day of the previous year-rate of interest charged by company from employee. • SBI rate:on 1st April 2007 are:- Housing loan more than 5 years-10.75%, Upto 5 years- 10.25%,educational loan upto 4 lakhs-11.5%, above 4 lakhs-13.25% • Exceptions- see in the next slide
  • 106. Example • X is employed by A Ltd. on 1st June 2007, he has taken interest free Housing loan of Rs. 14,00,000.How much is taxable?
  • 107. Answer • Lending rate upto 5 years is 10.25% per annum • 10.25% x 14,00,000=1,19,583 is taxable. • Suppose the interest charged by the company from assessee is 6%, then how much is taxable?
  • 109. Perquisites in respect of movable assets given to an employee for personal use. • 10 % of Original cost of such asset purchased by employer(- )reimbursed by employee • If taken on rental basis by employer: Rent payable(-)reimbursed by employee Note: It is not on WDV value
  • 110. Perquisites by sale of company asset at nominal rate • Electronics and computers- Calculate WDV at 50% depreciation for every fully completed years and compare with amount charged. If WDV is more there is perquisites. • Note: 1. WDV method only • 2. Fully completed years of individual asset only It is not financial year. Fraction of the year is ignored. • What % of depreciation on Motor car?
  • 111. Motor car transferred? • 20% depreciation under WDV for completed year of service. • Other assets? • 10% on ORIGINAL value of asset.
  • 112. Exception on Interest on loan • 1. Loan(s) less than Rs.20,000(in aggregate of original loan ) and • 2.Taken for specified medical treatment. • Amount reimbursed from medical insurance scheme is not considered.
  • 113. Medical facilities • Medical facilities availed in employer’s hospital, government hospital or hospitals recognised by Income tax department is not taxable.( No limit for specified diseases. • If private –Up to Rs.15000 is not taxable if reimbursed to specified employees. • If bill is issued in the name of employee but paid by employer then it is taxable in all types of employees. • Family means: spouse, children, parents, brothers, sisters who are wholly or mainly dependent on him/her.
  • 114. Medical facilities outside India • Medical treatment expenditure To the extent of RBI’s permission is not taxable. • Travel:employee+relative or one attendant-exempted provided cost does not exceed Rs.2,00,000. • Stay for one relative/one attendant expenditure – allowed to the extent of RBI’s permission.
  • 115. Motor car – belong to Employee but expenditures met by employer • Exclusively used for private – Fully taxable. • Exclusively used for official- Not taxable. • Partly used for business partly for private and difficult to identify:- • Calculation of perquisites:-1.6 litres car • Actual expenditure incurred by employer • Less:Rs.1,200 per month +600 per month if driver is paid.(This is assumed that it is incurred for official purpose)
  • 116. Motor car-Owned /Hired and maintained by employer by employer- • Used for private purpose:- (All expenditure met by employer + 10% depreciation on original cost are perquisites) or higher charges Partly for private partly for oficial: Up to 1.6 litres- 1200(car) +600(if Driver provided) per month- taxable. If more than 1.6 litre:- 1600 (car) + 600(If driver provided) per month
  • 117. Motor car-Owned /Hired by employer but maintained by employee Used wholly for personal purpose Expenditure Hire charges + Incurred by or 10% on original employer Cost of car incurred by employer Note:- if recovered by employer it is deductible
  • 118. Motor car-Owned /Hired by employer maintained by employee • Used Partly for private partly for official- difficult to identify:- • If 1.6 litres cubic capacity- Rs.400Per month(Car) + 600 per month(if driver provided)----Taxable • If above 1.6 litres cubic capacity: • Rs.600 per month(car) +Rs.600per month(if driver provided) taxable. Note: amount recovered from employee is not deductible
  • 119. Other than car like two wheeler owned by employee but maintained by employer • Partly for office and partly for private-if difficult to measure: • Expenditure incurred by employer Less: Rs.600 per month or higher sum for official purpose as per log book if maintained Less: Amount recovered from employee balance is taxable in the hands of assessee.
  • 120. Higher claim on car • Conditions: • 1.Complete detail of journey for official purpose to be maintained • 2.Certified by employer that the expenditure was incurred wholly and exclusively for official purposes. • Ref: Income tax by Dr. Singhania-page 147-149 39th edition.