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Income  from Salary By Prof. Augustin Amaladas and Prof.Amala shanthi St. Joseph’s College of Commerce and Jyoti Nivas col...
Dedicated to our kids Joewin Shamalina And Tim Sebastian
salary Basic + DA+ Commission etc Normal components Allowances Perquisites Taxable To employee Fringe  Benefit tax Taxable...
Definition of salary <ul><li>Section 15 </li></ul><ul><li>Employer and employee relationship is very important. </li></ul>...
Paper setting, MP and MLA <ul><li>If the same lecturer receives emoluments(remuneration or salary) from his college for ac...
Salary and wages <ul><li>Income tax point of view there is no difference between salary and wages. </li></ul>Strength is y...
If More than one employer <ul><li>Salary from each source is taxable under the head salary </li></ul><ul><li>Example: Mr. ...
Pension from former employer <ul><li>As pension paid due to the previous employer employee relationships it is taxed under...
Employer includes <ul><li>Former </li></ul><ul><li>Present </li></ul><ul><li>And prospective employer </li></ul>Love other...
If No intention to pay? <ul><li>Agreement between teacher and management to pay salary to employee and another agreement b...
Whether salary taxed on payment or due basis? <ul><li>Salary is taxable on due or receipt whichever  earlier </li></ul><ul...
Example <ul><li>April 2008 salary received in March 2008-taxable in the previous year 2007-08 itself as it is received in ...
Surrender of salary <ul><li>Surrender to central government- either by government employee or private employee- not taxabl...
If Tax paid by employer?  <ul><li>If Employer pays tax on employee then total salary to such employee will be  </li></ul><...
Gifts given by employer? <ul><li>Taxable under the head salary </li></ul>Men also should learn cooking as woman is working...
Salary under section 17(1) <ul><li>Wages </li></ul><ul><li>Any annuities or pension </li></ul><ul><li>Any gratuity </li></...
Pension received by former employee who rendered service in India <ul><li>Pension received outside india by an employee wh...
Exercise-1 <ul><li>1.Pension paid abroad for the services rendered in India? </li></ul><ul><li>2.Leave salary paid outside...
Answer-1 <ul><li>1.taxable as services rendered in India </li></ul><ul><li>2. Taxable as services rendered in India </li><...
Different forms of salary-Retirement benefits <ul><li>1. Leave encashment salary </li></ul><ul><li>2.Gratuity </li></ul><u...
Leave encashment  <ul><li>It is not related to casual leave </li></ul><ul><li>For every completed year of service employee...
1.Leave encashment 1.Received while in  Service Fully taxable(government or Non government employee) Received At the time ...
Non-government employee (including local authority and corporation employees) Least of the following Exempted out of leave...
<ul><li>Basic + DA which comes for retirement + fixed percentage  of commission  only on sales. </li></ul><ul><li>Do  not ...
Exercise-1 <ul><li>X an employee of the central government receives Rs.4,00,000 as cash equivalent to leave credit to his ...
Answer <ul><li>a) after the retirement leave encashment by government employee is not taxable. </li></ul><ul><li>b)If he i...
<ul><li>The lowest of all four is Rs.1,50,000 is exempted from Rs.4,00,000 </li></ul><ul><li>Therefore taxable leave encas...
<ul><li>c)  Working Notes :- </li></ul><ul><li>No of years of service= 24 years and 8 months=24 years only(fraction is ign...
<ul><li>D) Salary received by government employee while in service is fully taxable. </li></ul>
@Exercise-2 <ul><li>X a non government employee receives Rs.2,50,000 as leave salary at the time of retirement on February...
Working notes for exercise-2 <ul><li>1. No of years:26 years equal to 26 months for our calculations because every complet...
Fees and commission <ul><li>Taxable as salary if paid to employee by employer </li></ul>
Bonus <ul><li>It is taxable on due basis. </li></ul><ul><li>If it is not taxable on due basis it is taxable on receipt bas...
Gratuity Non Government employee under not covered under the payment of gratuity Act.  Including statutory corporation Ave...
The least of the following is exempted from gratuity received: 1 .(15/30)  x (10 preceding months average salary) x (numbe...
Exercise-1 <ul><li>Mr. X retires from service on Nov.18 200X and received Rs.3,40,000 as gratuity after 32 years and 8 mon...
Answer <ul><li>BMP  is a corporation.therefore the employee is a private employee who is covered under the payment of grat...
Not required as there is no employer employee relationship after the death of Mr.X.The gratuity received is taxable under ...
Pension <ul><li>Regular pension received by the employee  himself  ( not dead ) after the retirement is taxable  as salary...
Commuted pension-Sec.17(1)(ii) <ul><li>Instead of receiving monthly pension some portion of regular pension can be accumul...
Non Government employee-commuted pension <ul><li>If gratuity received Maximum 1/3 of the regular pension can be commuted w...
Example – commuted pension <ul><li>Mr. X receives pension every month Rs.10,000. He wants to commute some portion of the p...
Answer for commuted pension <ul><li>A,B and C all are government employees therefore any amount of pension commuted are ex...
Pension scheme-(after 1 st  Jan 2004) <ul><li>Applicable for those join after 1 st  Jan 2004 </li></ul><ul><li>Contributio...
Exercise <ul><li>Mr. X joined a government service on January 2007 for a salary of Rs.40,000 per month.The government cont...
Does it make any difference if he had joined XYZ Ltd?  <ul><li>No. It is because this provision is applicable both for gov...
Annuity[17(1)(ii)] <ul><li>Annual payment constantly paid by employer to employee. </li></ul><ul><li>Even paid voluntarily...
Retrenchment compensation[10(10B)] <ul><li>The Least of the following is exempted: </li></ul><ul><li>1. Amount calculated ...
Exercise <ul><li>Mr. X has working in BPL. Due to closing down of the company, company pays to Mr.X Rs. 2,60,000 as compen...
Profit in lieu of salary <ul><li>If company wants a manager to quit immediately as per the service rules he is paid a lump...
Remuneration for extra duties <ul><li>Taxed as salary  </li></ul><ul><li>Even warden ship remuneration also taxed as salar...
Salary received from a United Nations organisation <ul><li>Not taxable in India </li></ul>
VRS[10(10C)] <ul><li>Voluntary Retirement scheme </li></ul><ul><li>Maximum amount of exemption is Rs.5,00,000. </li></ul><...
Provident fund Salary means Basic+DA+Fixed % of  Commission on Sales Personal savings in post office by self employed etc....
City compensatory allowance <ul><li>Fully taxable as salary </li></ul>
House rent allowance(10[13A]) <ul><li>There will be  no tax exemption   if the residential accommodation is self occupied ...
House rent allowance <ul><li>Important points: </li></ul><ul><li>1.It is advisable to calculate claim month wise if any ch...
Exercise-1 <ul><li>Mr. X works in Mumboi but stays in Pune and receives house rent allowance of Rs.12,000. He pays Rs. 15,...
Answer-HRA <ul><li>A) Rented house in Pune: </li></ul><ul><li>Since salary, place of stay, HRA and rent paid are same thro...
Answer-HRA <ul><li>A) Rented house in Mumboi </li></ul><ul><li>Since salary, place of stay, HRA and rent paid are same thr...
C) Stayed in Mumboi in own house <ul><li>The entire rent allowance received is fully taxable as he stays in own house in M...
E. Up to December in Mumboi in a rented house and thereafter  in Pune in a rented house <ul><li>Exempted HRA in Mumboi   ...
3 Months HRA in Pune in a rented house <ul><li>Meaning of salary:Rs.26,000 </li></ul><ul><li>HRA received Rs.36,000 </li><...
Entertainment allowance[16(ii)] <ul><li>In case of *government employees:Least of the following is deductible: </li></ul><...
Special allowances[10(14)] <ul><li>For official duties (after  </li></ul><ul><li>Reaching office) </li></ul>Not directly r...
Not directly relate to Official duty (General) They are fixed. Whether spent  Or not.Excess Taxable as they  Are not given...
Exercise Amount spent or not, exemptions are given (200 x2 x12+300 x12=8400 (100 x2 x12 +400 x12)=7200 12000-9600=2400 720...
Tiffin allowance, fixed medical allowance <ul><li>Any amount received in cash is always taxable  before the expenditure in...
Exercise <ul><li>Salary income and various allowances: Compute the gross salary of Mr. Amal for the assessment year 2008-0...
Answer: <ul><li>Computation of gross salary of Mr. Amal for the assessment year 2008-09: </li></ul><ul><ul><ul><ul><ul><li...
Let us have a short break For middle and below class family god has given brain. Brain  Is your wealth. How to develop you...
Study daily Collect information  and????
Pass on such good information to  Others at free of cost. You are born in this world Only  to give.  Do you get happiness ...
By giving you receive including knowledge This is the base of double entry book keeping
Perquisites <ul><li>Casual emolument or benefit  attached to an office or position  in addition to salary or wages </li></...
Perquisites <ul><li>Need not be in kind.It can be in cash. </li></ul><ul><li>What are the conditions to be fulfilled to be...
1.Allowed by Employer to  Employee 4.Personal  advantage  To  the employee 5. Derived by  Virtue of  Employer’s authority ...
Other conditions <ul><li>Employer and employee relationship should exist  at any point of time- need not be an employee no...
1.Rent free Accommodation Provided By employer 4.Personal  Obligations of Employee Met by  employer 5. Funds paid By emplo...
Perquisites Taxable in the hands of employee 1 to 5 taxable  only to Specified Employee Category –B 1.Car given by employe...
<ul><li>Special items in computation  perquisites </li></ul>
Rent Free accomodation(RFA)   <ul><li>Company’s House given at free of cost or rented by company given to employee at free...
1.Central or state government employee-RFA <ul><li>License fee of flat determined by central government is perquisites in ...
RFA-Government employee-Exercise <ul><li>Exercise:- Mr. X is working in Central government service given rent free accommo...
Answer-RFA <ul><li>Fair rent is not considered. The license fee Rs. 3,000 is taxable in the hands of Specified employee. <...
2. Private Employees(RFA) <ul><li>It depends on Population of the city where accommodation provided. </li></ul>Exceeding p...
Explanation to the diagram <ul><li>1.If house property is owned by employer depends on the population of the city percenta...
If Furniture provided by employer <ul><li>If rented </li></ul><ul><li>Actual hire charges </li></ul><ul><li>payable </li><...
Meaning of salary for RFA <ul><li>All  Cash salary   received or recivable in  hand(  including taxable allowances) by the...
Exercise-RFA <ul><li>Value of rent free accommodation : Preetham is sales manager of a private company and for previous ye...
<ul><li>He has been provided with a rent free accommodation in jaipur owned by the employer. The population of jaipur may ...
Meaning of salary-Exercise <ul><li>The valuation of rent free accommodation shall be 15% of the salary i.e. 15% of (248000...
Exercise <ul><li>Value of free rent accommodation : sri Mohan is purchase manager of a private company and for previous ye...
solution <ul><li>Computation of taxable salary of Sri Mohan for assessement Year 2008-09 </li></ul><ul><li>  </li></ul><ul...
Exercise <ul><li>Value of concessional accommodation: Sri Basant is purchase manager of a private company and for the prev...
Solution <ul><li>Soln: The valuation of accommodation provided at concessional rent shall be as under- </li></ul><ul><li>P...
Furnished accommodation in hotel <ul><li>24% of salary paid or payable only for the period accommodation provided  </li></...
Perquisites –Domestic servants, free supply of gas, electricity etc <ul><li>Sweeper, gardener watchman personal assistant ...
Monthly Fixed  Education allowance <ul><li>Training of employees is not perquisites </li></ul><ul><li>Fixed educational al...
Payment of school fees and re-imbursement of school fees <ul><li>Taxable as perquisites fully </li></ul>
Education facility to  children(own)  in their own school or any other school/college <ul><li>If less than Rs. 1000 per mo...
Education facility to relative’s children <ul><li>Cost to the employer in such similar institution minus amount recovered ...
Answer- Educational facility <ul><li>3 x 1000= 3000 exempted </li></ul><ul><li>500 x 3 + 1500= 3000 taxable  </li></ul><ul...
Scholarships  <ul><li>Scholarship given by  employer company  is  not taxable  as perquisites. </li></ul><ul><li>Note:- It...
Leave travel concession for  Family <ul><li>Any place in India </li></ul><ul><li>Only travel short route permissible </li>...
Employee’s obligation met by employer either giving money or reimbursed is taxed in the hands of employee(17(2)(iv)) <ul><...
Amount payable by employer for fund on life of employee <ul><li>Taxable to all employees </li></ul><ul><li>Exception:1.  R...
Valuation of Interest free/concession  loan <ul><li>Difference between SBI interest rate on 1 st  day of the previous year...
Example <ul><li>X is employed by A Ltd. on 1 st  June 2007, he has  taken interest free Housing loan of Rs. 14,00,000.How ...
Answer <ul><li>Lending rate upto 5 years is  10.25% per annum </li></ul><ul><li>10.25% x 14,00,000=1,19,583 is taxable. </...
Answer <ul><li>(10.25%-6%) x  14,00,000=Rs59500 taxable </li></ul>
Perquisites in respect of movable assets given  to an employee for personal use. <ul><li>10 % of  Original cost  of such a...
Perquisites by sale of company asset at nominal rate <ul><li>Electronics and computers-  Calculate WDV at 50% depreciation...
Motor car transferred? <ul><li>20% depreciation under WDV for completed year of service. </li></ul><ul><li>Other assets? <...
Exception on Interest on loan <ul><li>1. Loan(s) less than Rs.20,000(in aggregate of original loan ) and </li></ul><ul><li...
Medical facilities <ul><li>Medical facilities availed in employer’s hospital, government hospital or hospitals recognised ...
Medical facilities outside India <ul><li>Medical treatment expenditure  To the extent of RBI’s permission is not taxable. ...
Motor car –  belong to Employee but expenditures met by employer <ul><li>Exclusively used for private – Fully taxable. </l...
Motor car- Owned /Hired and maintained  by employer by employer- <ul><li>Used for private purpose:- </li></ul><ul><li>(All...
Motor car- Owned /Hired by employer but maintained  by employee  Expenditure Incurred by employer or Hire charges + 10% on...
Motor car- Owned /Hired  by employer  maintained  by employee  <ul><li>Used Partly for private partly for official-difficu...
Other than car like two wheeler owned by employee but maintained by  employer <ul><li>Partly for office and partly for pri...
Higher claim on car <ul><li>Conditions: </li></ul><ul><li>1.Complete detail of journey for official purpose to be maintain...
Perquisites-car Re imbursed by employer Owned by employee
 
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Income From Salary

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INCOME FROM SALARY

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  1. 1. Income from Salary By Prof. Augustin Amaladas and Prof.Amala shanthi St. Joseph’s College of Commerce and Jyoti Nivas college respectively, Bangalore M.Com., AICWA.,PGDFM., B.Ed. 09845844319 [email_address] What do you mean by rest? Casually sit back and relax and enjoy your Income tax It is so simplified in such a way that you can easily understand Players!! Now you Do some Exercise Even not Studied So far. This slides are Prepared for Any one who Had not Attended classes regularly Or do not have Time or money. Education for all B. Com, BBM, M.Com, ICWA CA CS M B As
  2. 2. Dedicated to our kids Joewin Shamalina And Tim Sebastian
  3. 3. salary Basic + DA+ Commission etc Normal components Allowances Perquisites Taxable To employee Fringe Benefit tax Taxable To Employer Applicable To companies
  4. 4. Definition of salary <ul><li>Section 15 </li></ul><ul><li>Employer and employee relationship is very important. </li></ul><ul><li>Director of a company is not an employee-therefore his remuneration does not come under salary </li></ul><ul><li>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 </li></ul>Alternative work is rest
  5. 5. Paper setting, MP and MLA <ul><li>If the same lecturer receives emoluments(remuneration or salary) from his college for academic or non academic work constitute salary. </li></ul><ul><li>Question paper set to other colleges or other universities comes under other sources. </li></ul><ul><li>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 other sources. </li></ul>Threat is your opportunity
  6. 6. Salary and wages <ul><li>Income tax point of view there is no difference between salary and wages. </li></ul>Strength is your weakness
  7. 7. If More than one employer <ul><li>Salary from each source is taxable under the head salary </li></ul><ul><li>Example: Mr. A works in two places part time job. He is calculated under the head salary in both the places. </li></ul>All problems and happiness are temporary
  8. 8. Pension from former employer <ul><li>As pension paid due to the previous employer employee relationships it is taxed under salary provided the same employee receives(alive) </li></ul><ul><li>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. </li></ul>Take your life as it is
  9. 9. Employer includes <ul><li>Former </li></ul><ul><li>Present </li></ul><ul><li>And prospective employer </li></ul>Love others in order to love oneself
  10. 10. If No intention to pay? <ul><li>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) </li></ul>Play every day
  11. 11. Whether salary taxed on payment or due basis? <ul><li>Salary is taxable on due or receipt whichever earlier </li></ul><ul><li>Advance salary received or salary of the last month not received is taxed in the current previous year </li></ul><ul><li>See Example: Next slide </li></ul>Work is worship other wise?
  12. 12. Example <ul><li>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) </li></ul><ul><li>March 2008 salary received in April 2008-taxable in the previous year 2007-08 only(receipt or due which ever is earlier) </li></ul>Otherwise hardship
  13. 13. Surrender of salary <ul><li>Surrender to central government- either by government employee or private employee- not taxable salary. </li></ul>Women have changed but men have not changed in India
  14. 14. If Tax paid by employer? <ul><li>If Employer pays tax on employee then total salary to such employee will be </li></ul><ul><li>Net salary received + tax paid by employer </li></ul>Change in attitude of men required to have a harmony in family life
  15. 15. Gifts given by employer? <ul><li>Taxable under the head salary </li></ul>Men also should learn cooking as woman is working like men
  16. 16. Salary under section 17(1) <ul><li>Wages </li></ul><ul><li>Any annuities or pension </li></ul><ul><li>Any gratuity </li></ul><ul><li>Any fees, commission </li></ul><ul><li>Perquisites( received in kind) </li></ul><ul><li>Profit in lieu of salary </li></ul><ul><li>Advance of salary </li></ul><ul><li>Any accretion(addition) due to interest on provident fund paid out of the employer’s contribution. </li></ul><ul><li>The contribution paid by employer under notified pension scheme </li></ul>Do not fight.If you want to fight, fight after??
  17. 17. Pension received by former employee who rendered service in India <ul><li>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. </li></ul><ul><li>Place of accrual of salary is important-from India or from outside India </li></ul>After meal why?
  18. 18. Exercise-1 <ul><li>1.Pension paid abroad for the services rendered in India? </li></ul><ul><li>2.Leave salary paid outside India for the services rendered in India? </li></ul><ul><li>3.Salary paid by government of India to an Indian National outside India if services rendered outside India? </li></ul><ul><li>4.Allowances received outside India by Central government employee for services rendered outside India? </li></ul>Normally people do not fight after meal.
  19. 19. Answer-1 <ul><li>1.taxable as services rendered in India </li></ul><ul><li>2. Taxable as services rendered in India </li></ul><ul><li>3. - DO- </li></ul><ul><li>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) </li></ul>
  20. 20. Different forms of salary-Retirement benefits <ul><li>1. Leave encashment salary </li></ul><ul><li>2.Gratuity </li></ul><ul><li>3.Pension </li></ul><ul><li>4.Retrenchment compensation </li></ul><ul><li>5.Provident Fund </li></ul><ul><li>[Examination point of view these five items are very important] </li></ul>
  21. 21. Leave encashment <ul><li>It is not related to casual leave </li></ul><ul><li>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. </li></ul><ul><li>Note: Any thing received while in service is normally taxable.After retirement there are some concessions given . </li></ul>
  22. 22. 1.Leave encashment 1.Received while in Service Fully taxable(government or Non government employee) Received At the time of retirement Government Employees-Exempted Central/ State govt. Employees(2) Non government employee (including local authority and corporation employees) (see next slide)
  23. 23. Non-government employee (including local authority and corporation employees) Least of the following Exempted out of leave cash received <ul><li>10 months average salary* </li></ul><ul><li>Amount specified by the government-3,50,000 </li></ul><ul><li>Actually received at the time of retirement </li></ul><ul><li>[Period of leave on 30 days basis (if more </li></ul><ul><li>than 30 days as per service rules)for every completed year </li></ul><ul><li>of service( -) leave availed while in service(-)leave encashed </li></ul><ul><li>while in service] x (average salary)* </li></ul>* Average salary Basic + % DA comes only for retirement + fixed % of commission on sales. Note: Immediately before the The retirement
  24. 24. <ul><li>Basic + DA which comes for retirement + fixed percentage of commission only on sales. </li></ul><ul><li>Do not consider fixed amount of commission on sales </li></ul><ul><li>Do not consider variable or fixed percentage of commission on purchase </li></ul><ul><li>BDA employee is not a government employee as for as the leave encashment point of view. </li></ul><ul><li>Note: 1.Fixed % of commission is different from fixed amount of commission(monthly fixed amount) </li></ul>
  25. 25. Exercise-1 <ul><li>X an employee of the central government receives Rs.4,00,000 as cash equivalent to leave credit to his salary on 1 st Feb. 200X after his retirement. </li></ul><ul><li>a)How much is taxable? </li></ul><ul><li>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? </li></ul><ul><li>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 ? </li></ul><ul><li>d)Suppose X receives leave encashment while in service and he is a government employee? </li></ul>
  26. 26. Answer <ul><li>a) after the retirement leave encashment by government employee is not taxable. </li></ul><ul><li>b)If he is a private employee the least of the following is exempted from the amount received Rs.4,00,000 </li></ul><ul><li>1.Actually received-Rs.4,00,000; </li></ul><ul><li>2.10 months average salary=15000 x 10=1,50,000; </li></ul><ul><li>3.Maximum limit=Rs.3,00,000 </li></ul><ul><li>4. One month for completed year of service(-)leave availed while in service(-)leave en cashed while in service x (average salary) </li></ul><ul><li>= 20months-3month-0 months(15,000)=2,55,000 </li></ul><ul><li>How much is exempted? How much is taxable? </li></ul>
  27. 27. <ul><li>The lowest of all four is Rs.1,50,000 is exempted from Rs.4,00,000 </li></ul><ul><li>Therefore taxable leave encashment is Rs.2,50,000. </li></ul><ul><li>(Rs.4,00,000-1,50,000) </li></ul>
  28. 28. <ul><li>c) Working Notes :- </li></ul><ul><li>No of years of service= 24 years and 8 months=24 years only(fraction is ignored) </li></ul><ul><li>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 </li></ul><ul><li>Rs. 30,00,000 is for 12 months but we have to calculate for ten months only before the date of retirement. </li></ul><ul><li>Least of the following is exempted out of Rs.4,00,000: </li></ul><ul><li>A) Actually received-Rs.4,00,000 </li></ul><ul><li>B) 10 months average salary-10 x 28,600=Rs.2,86,000 </li></ul><ul><li>C) (24 months-10 months-8 months) x 28,600=Rs.1,71,600 </li></ul><ul><li>D) Maximum limit-Rs.3,00,000 </li></ul><ul><li>Least of the above is Rs.1,71,600 which is exempted . </li></ul><ul><li>Therefore taxable leave salary is </li></ul><ul><li>Rs.4,00,000-Rs.1,71,600=Rs.2,28,400 </li></ul>
  29. 29. <ul><li>D) Salary received by government employee while in service is fully taxable. </li></ul>
  30. 30. @Exercise-2 <ul><li>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. </li></ul>@Courtesy-Income tax By Dr. Singhania
  31. 31. Working notes for exercise-2 <ul><li>1. No of years:26 years equal to 26 months for our calculations because every completed year of service one month is allowed. </li></ul><ul><li>2.Average salary Rs.15,000 </li></ul><ul><li>Least of the following is exempted from Rs.2,50,000 </li></ul><ul><li>Actually received Rs.2,50,000 </li></ul><ul><li>10 months salary=10 x Rs.15,000=1,50,000 </li></ul><ul><li>Maximum limit Rs.3,00,000 </li></ul><ul><li>(26 months-27 months-8 months) x Rs.15,000=0 </li></ul><ul><li>(as it is negative it is equal to Zero) </li></ul><ul><li>Least exempted leave encashment is Rs.0. Therefore taxable leave encashment is Rs.2,50,000. </li></ul>
  32. 32. Fees and commission <ul><li>Taxable as salary if paid to employee by employer </li></ul>
  33. 33. Bonus <ul><li>It is taxable on due basis. </li></ul><ul><li>If it is not taxable on due basis it is taxable on receipt basis. </li></ul>
  34. 34. Gratuity Non Government employee under not covered under the payment of gratuity Act. Including statutory corporation Average Salary: Basic +DA comes for retirement +Fixed % of commission on sales No of days in a month- 30 days only Received while in service is fully taxable Received Gratuity at the time of retirement: Least of the following is exempted(next page) Non Government employee under the payment of gratuity Act. Including statutory corporation Average salary: last drawn includes Basic+DA No of days in a month- 26 days only Received while in service is fully taxable Received Gratuity at the time of retirement: Least of the following is exempted  see in the next page. 1.Government Employee( Central,State and local authority employees )(three) 2.Average salary: Not necessary 3.No of days in a month-Not necessary 4..Received while in service is fully taxable 5.Received Gratuity at the time of retirement Exempted
  35. 35. The least of the following is exempted from gratuity received: 1 .(15/30) x (10 preceding months average salary) x (number of fully completed years of service) Basic + % DA comes for retirement + Fixed Percentage of commission on sales 2. Rs.3,50,000 3. Gratuity actually received Note: Fraction of the year is not considered The Least of the following is exempted from gratuity received: 1 .(15/26) x (last salary drawn )x (number of years of service ) ie.Basic+DA (No commission please) Year= above 6 months is considered as one year. 2.Rs.3,50,000 3.Gratuity actually received Note: If he worked more than one company collectively more than 6 months equal to one year Non Government employee under not covered under the payment of gratuity Act. Including statutory corporation Non Government employee under the payment of gratuity Act. Including statutory corporation
  36. 36. Exercise-1 <ul><li>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. </li></ul><ul><li>Sales achieved preceding ten months was Rs.15,00,000. Basic salary was more by Rs.2000 since 1 st April 200X. </li></ul><ul><li>60% of DA will come for retirement purpose . </li></ul><ul><li>Answer the following:How much is taxable gratuity? </li></ul><ul><li>A)If Mr.X is a government employee? </li></ul><ul><li>B) If Mr. X is a private employee who is covered under the payment of gratuity act? </li></ul><ul><li>C) If Mr. X is a BDA employee? </li></ul><ul><li>D) If Mr.X is a Bangalore Mahanagara paliga(BMP) employee? </li></ul><ul><li>E) If Mr. X is a XYZ public Ltd.(a Government company)employee who is not covered under the payment of gratuity Act. </li></ul><ul><li>F) After the death of Mr.X wife receives gratuity how much taxable under the head salary? </li></ul>
  37. 37. Answer <ul><li>BMP is a corporation.therefore the employee is a private employee who is covered under the payment of gratuity Act. </li></ul><ul><li>Year of service=33 years. </li></ul><ul><li>Basic + Full DA =Rs.19,000 +40%(19000)=26,600 </li></ul><ul><li>Least of the following is exempted: </li></ul><ul><li>Rs.3,50,000 </li></ul><ul><li>Gratuity actually received Rs.Rs.3,40,000 </li></ul><ul><li>(15/26)x 33 x Rs.26,600=5,06,423 </li></ul><ul><li>Least=Rs.3,40,000 exempted.Therefore nothing is taxable </li></ul>Local authority= Government employee Not necessary Not taxable Not applicable Not necessary Not taxable 1.Years of service 2.Meaning of salary 3.How much taxable? BMP Employee A BDA employee Government employee Particulars
  38. 38. Not required as there is no employer employee relationship after the death of Mr.X.The gratuity received is taxable under the head income under other sources. Least of the following is exempted: 1.(15/30) x32 x31,760=Rs.5,08,160 2.Rs. 3,50,000 3.Gratuity actually received=Rs. 3,40,000 Least : Rs. 3,40,000 Therefore Gratuity received is fully exempted. Fraction of the year is ignored. Therefore 32 years Average salary 10 months preceding the month of retirement=Basic+DA which comes for retirement +fixed % of commission= January to October salary= Jan to March Rs.17,000 each and 19000 from April to October=Rs.1,84,000+ Rs.7360 x10(DA)+6000 x 10(Commission) Average salary=3,17,600/10 =Rs.31760 1.Year of service 2.Meaning of salary Wife receives after the death of Mr.X XYZ Public limited government company not covered under the payment of gratuity Act Particulars
  39. 39. Pension <ul><li>Regular pension received by the employee himself ( not dead ) after the retirement is taxable as salary. </li></ul><ul><li>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. </li></ul><ul><li>Standard deduction is available ie. 1/3 rd of family pension or </li></ul><ul><li>15,000 whichever is lower is deductible from family pension. </li></ul>
  40. 40. Commuted pension-Sec.17(1)(ii) <ul><li>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. </li></ul><ul><li>1. Government employee-Exempted after retirement. </li></ul><ul><li>Government employee means:-Central, state,local authority and corporation employees(totally 4) </li></ul>
  41. 41. Non Government employee-commuted pension <ul><li>If gratuity received Maximum 1/3 of the regular pension can be commuted which is not taxable. </li></ul><ul><li>If gratuity is not received ½ of the regular pension can be commuted which is not taxable. </li></ul><ul><li>Note: above those limits are taxable for non government employees </li></ul><ul><li>See example in the next slide </li></ul>
  42. 42. Example – commuted pension <ul><li>Mr. X receives pension every month Rs.10,000. He wants to commute some portion of the pension. </li></ul><ul><li>? How much can he commute if </li></ul><ul><li>A) he is a state government employee </li></ul><ul><li>B) he is a Bangalooru development authority employee. </li></ul><ul><li>C) He is receiving gratuity from Karnataka Government. </li></ul><ul><li>D) He is an employee of Shanthi Ltd. </li></ul>
  43. 43. Answer for commuted pension <ul><li>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. </li></ul><ul><li>D) If he an employee of Shanthi ltd. Max.1/3 if he receives gratuity ie 1/3(10,000)=Rs.3333 </li></ul><ul><li>If he does not receive gratuity he can commute ½ of pension ie. ½(10,000)=Rs.5,000. </li></ul><ul><li>Note:remaining pension regularly received (after commutation)is taxable. </li></ul>
  44. 44. Pension scheme-(after 1 st Jan 2004) <ul><li>Applicable for those join after 1 st Jan 2004 </li></ul><ul><li>Contribution made by employer –taxable </li></ul><ul><li>Employer and employee’s contribution to the extent of 10% is deductible as saving U/S80CCD. Beyond 10% is not deductible . </li></ul><ul><li>When pension received –fully taxed in the hands of recipient </li></ul><ul><li>Salary=Basic +DA if it comes for retirement benefit </li></ul><ul><li>Example-next page </li></ul>
  45. 45. Exercise <ul><li>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? </li></ul><ul><li>Answer: 1 st April-31 st March </li></ul><ul><li>12 months salary=40,000 x12= 4,80,000 </li></ul><ul><li>Government contribution 5000 x12= 60,000 </li></ul><ul><li>Total 5,40,000 </li></ul><ul><li>Less: deduction U/S 80CCD </li></ul><ul><li>Upto 10% both by employer and employer=4000 x2=8000 per month. </li></ul><ul><li>Annual Saving =8000 x12=96000 deductible from 5.40,000. </li></ul><ul><li>Net taxable salary=Rs.5,40,000-96,000=4,44,000.Applicable for all three years. </li></ul><ul><li>Does it make any difference if he had joined XYZ Ltd? </li></ul>
  46. 46. Does it make any difference if he had joined XYZ Ltd? <ul><li>No. It is because this provision is applicable both for government and any other employer. </li></ul>
  47. 47. Annuity[17(1)(ii)] <ul><li>Annual payment constantly paid by employer to employee. </li></ul><ul><li>Even paid voluntarily it is taxable </li></ul><ul><li>Annuity received from ex employer is taxed as profit in lieu of salary-taxed as salary. </li></ul>
  48. 48. Retrenchment compensation[10(10B)] <ul><li>The Least of the following is exempted: </li></ul><ul><li>1. Amount calculated as per Industrial dispute act. </li></ul><ul><li>(15 days salary for every completed year of service and fraction beyond 6 months ie. 25 years and 7 months=26 years.) </li></ul><ul><li>2. Rs. 5,00,000 notified by Government </li></ul><ul><li>3.The amount received </li></ul><ul><li>Exercise:-next page </li></ul>Note: If approved by government, under any scheme, such amount is fully exempted.
  49. 49. Exercise <ul><li>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? </li></ul><ul><li>Answer: no of years of service=21 years </li></ul><ul><li>1.Compensation as per Industrial dispute 15/30(20,000)(21)=2,10,000 </li></ul><ul><li>2.Rs.5,00,000 </li></ul><ul><li>3.Rs.2,60,000 </li></ul><ul><li>Least is Rs.2,10,000 is exempted. Therefore 50,000 is taxable ie (2,60,000-2,10,000) </li></ul>
  50. 50. Profit in lieu of salary <ul><li>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. </li></ul><ul><li>The compensation can be received from present or former employer. </li></ul>
  51. 51. Remuneration for extra duties <ul><li>Taxed as salary </li></ul><ul><li>Even warden ship remuneration also taxed as salary </li></ul>
  52. 52. Salary received from a United Nations organisation <ul><li>Not taxable in India </li></ul>
  53. 53. VRS[10(10C)] <ul><li>Voluntary Retirement scheme </li></ul><ul><li>Maximum amount of exemption is Rs.5,00,000. </li></ul><ul><li>Up to Rs. 5,00,000 is exempted </li></ul><ul><li>Conditions: </li></ul><ul><li>The same employee can not be re-employed in the same or any other company comes under the same management. </li></ul><ul><li>Salary means the last salary drawn for computation of compensation </li></ul><ul><li>Basic+ DA which comes for retirement + fixed % of commission on sales. </li></ul>
  54. 54. Provident fund Salary means Basic+DA+Fixed % of Commission on Sales Personal savings in post office by self employed etc. By Employee(not by employer Since employer does not contribute nothing is taxable Not recognised by commissioner of Income-tax act Employer contributes but there is no separate account in the name of employee Only when employer transfers his account to employee’s account is taxable or converted to recognised PF excess over 12% of salary and excess over 9.5% towards interest is taxable Private establishments having 20 or more employees Both employer and similar contribution by employees Employer’s contribution exceeding 12% of salary and Interest exceeding 9.5% taxable. Government and semi-government Both employer and similar contribution by employees Employer’s contribution is exempted. 1.Who maintains? 2.Who contributes? 3.Exempted or not? Employees contribution comes under Section 80C as savings in all cases Public PF Un-recognised PF Recognised PF Statutory PF Particulars
  55. 55. City compensatory allowance <ul><li>Fully taxable as salary </li></ul>
  56. 56. House rent allowance(10[13A]) <ul><li>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] </li></ul><ul><li>Salary means basic plus DA (if forming part of retirement benefits) </li></ul><ul><li>plus commission (if fixed as a percentage of turnover). </li></ul><ul><li>Exemption will be lowest of </li></ul><ul><li>(a) 50% of salary where residential accommodation is in Mumbai, </li></ul><ul><li>Kolkata, Delhi or Chennai and 40% of at other place </li></ul><ul><li>(b)(Rent paid minus 10% of salary) </li></ul><ul><li>(c) Actual allowance paid. </li></ul>
  57. 57. House rent allowance <ul><li>Important points: </li></ul><ul><li>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. </li></ul><ul><li>2. Salary to be estimated on due basis when you calculate the meaning of salary </li></ul><ul><li>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. </li></ul><ul><li>After receiving rent allowance either he stays in his own house or rent accomodation is not taken rent allowance for such period is taxable. </li></ul>
  58. 58. Exercise-1 <ul><li>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. </li></ul><ul><li>A)Compute taxable House rent allowance if he has taken a rented house in Pune. </li></ul><ul><li>B) If he stays in Mumboi and pays the same rent. </li></ul><ul><li>C) suppose he stays in his own house in Mumboi </li></ul><ul><li>D) suppose he has taken a house for rent in Mumboi for the same rent but rent his own house in Pune? </li></ul><ul><li>E) Suppose he stays in a rented house upto December in Mumboi by paying same rent and taken a rented house in Pune from 1 st January for a rent of Rs.10,000. </li></ul><ul><li>Note:-Each question has to be approached independently keeping the base same for all questions. </li></ul>
  59. 59. Answer-HRA <ul><li>A) Rented house in Pune: </li></ul><ul><li>Since salary, place of stay, HRA and rent paid are same throughout the year we can calculate for the whole financial year. </li></ul><ul><li>House rent Allowance received (12,000x12) Rs.1,44,000 </li></ul><ul><li>Least of the following is exempted: </li></ul><ul><li>1.40% of salary*=26000 x 12 x40% 1,24,800 </li></ul><ul><li>2.Rent paid-10% of salary* 1,48,800 </li></ul><ul><li>[(15000-10% x26000) x 12] </li></ul><ul><li>3.Actually received 1,44,000 </li></ul><ul><li>The Least is Rs.1,24,800 which is exempted out of HRA received.There fore taxable HRA is Rs.19,200 ie (1,44,000-1,24,800) </li></ul>*Salary means: 20,000+(30% x20,000)=26,000
  60. 60. Answer-HRA <ul><li>A) Rented house in Mumboi </li></ul><ul><li>Since salary, place of stay, HRA and rent paid are same throughout the year we can calculate for the whole financial year. </li></ul><ul><li>House rent Allowance received (12,000x12) Rs.1,44,000 </li></ul><ul><li>Least of the following is exempted: </li></ul><ul><li>1.40% of salary*=26000 x 12 x50% 1,56,800 </li></ul><ul><li>2.Rent paid-10% of salary* 1,48,800 </li></ul><ul><li>[(15000-10% x26000) x 12] </li></ul><ul><li>3.Actually received 1,44,000 </li></ul><ul><li>The Least is Rs.1,44,000 which is exempted out of HRA received.There fore taxable HRA is Zero ie (1,44,000-1,44,000) </li></ul>*Salary means: 20,000+(30% x20,000)=26,000
  61. 61. C) Stayed in Mumboi in own house <ul><li>The entire rent allowance received is fully taxable as he stays in own house in Mumboi. </li></ul><ul><li>There fore Rs.1,44,000 is fully taxable. </li></ul><ul><li>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. </li></ul>
  62. 62. E. Up to December in Mumboi in a rented house and thereafter in Pune in a rented house <ul><li>Exempted HRA in Mumboi  Nine months </li></ul><ul><li>Meaning of salary:Rs.26,000 </li></ul><ul><li>HRA received Rs.1,08,000 </li></ul><ul><li>Least of the following is exempted: </li></ul><ul><li>1. 50% of salary=26000 x50% x9 Rs.1,17,000 </li></ul><ul><li>2. Rent paid – 10% of salary Rs.1,11,600 </li></ul><ul><li>[(15000-10% x26000) x 9] </li></ul><ul><li>3.Actually received 1,08,000 </li></ul><ul><li>The least is 1,08,000. There fore for the 9 months entire HRA is exempted. Nothing is taxable. </li></ul><ul><li>Exempted HRA in Pune :-Next slide </li></ul>
  63. 63. 3 Months HRA in Pune in a rented house <ul><li>Meaning of salary:Rs.26,000 </li></ul><ul><li>HRA received Rs.36,000 </li></ul><ul><li>Least of the following is exempted: </li></ul><ul><li>1. 40% of salary=26000 x40% x3 Rs.31,200 </li></ul><ul><li>2. Rent paid – 10% of salary Rs.22,200 </li></ul><ul><li>[(10000-10% x26000) x 3] </li></ul><ul><li>3.Actually received 36,000 </li></ul><ul><li>The least is Rs.22,200 which is exempted. There fore for the3 months the taxable HRA is Rs.13,800[ 36000-22200] </li></ul><ul><li>Therefore HRA taxable for the previous year is Rs. 13,800 . </li></ul>
  64. 64. Entertainment allowance[16(ii)] <ul><li>In case of *government employees:Least of the following is deductible: </li></ul><ul><li>1. Rs. 5,000; </li></ul><ul><li>2. 20% of salary**; </li></ul><ul><li>3.Amount of entertainment allowance granted during the previous year. Non government employees are not exempted </li></ul>*Government employee Central and State government employees **Salary excludes any allowance Benefit or other perquisites
  65. 65. Special allowances[10(14)] <ul><li>For official duties (after </li></ul><ul><li>Reaching office) </li></ul>Not directly relate to Official duty (General) 1.Official travel/transfer Allowance to meet the cost 2.Conveyance allowance to meet customers 3.daily allowance on official Tour/journey 4.Helper allowance to carry Official documents 5. Research allowance 6. Uniform allowance to do Official duty To be Spent Fully Other Wise, amount not Spent taxable See in the Next slide
  66. 66. Not directly relate to Official duty (General) They are fixed. Whether spent Or not.Excess Taxable as they Are not given For official Duty Rs. 800 per month. If handicapped person Rs.1600 per month is exempted. Depends on altitude/Place 3. Traveling allowance to commute from home to office 4. Other border area allowances &70% of allowance Or Rs. 6000 per month whichever is lower exempted Rs.100 per month per child max.two children.If in hostel Rs.300 extra per child for two children 1.Allowance for transport employees 2.Children education allowance
  67. 67. Exercise Amount spent or not, exemptions are given (200 x2 x12+300 x12=8400 (100 x2 x12 +400 x12)=7200 12000-9600=2400 72000-50,400=21600 1,20,000-72000=48000 100 x2 x12=2400 300 x2 x12=7,200(limited to two children 800 x12=9600 70%(72000) or 6000 per month which ever is lower=50,400 6000 x 12=72000 or 70%(1,20000)=84000 Whichever is lower 300 PM per child 400 per child per month 12000 72000 1,20,000 Three Three ------- Y X 1.Educational allowance 2.Hostel expenditure 3. Transport allowance from house to office or vice-versa 4.Transport company employee –daily allowance 5. -DO- Chargeable to tax Exempted from tax Amount received from employer No. of Children/Name Particulars
  68. 68. Tiffin allowance, fixed medical allowance <ul><li>Any amount received in cash is always taxable before the expenditure incurred . </li></ul>[email_address]
  69. 69. Exercise <ul><li>Salary income and various allowances: Compute the gross salary of Mr. Amal for the assessment year 2008-09on the basis of the following information: </li></ul><ul><li>1. Basic pay Rs. 8,000 per month </li></ul><ul><li>2. DA –40% of basic pay </li></ul><ul><li>3. City compensatory allowance-10% of basic pay </li></ul><ul><li>4.Medical allowance –Rs.800 per month </li></ul><ul><li>5. Children educational allowance- Rs. 200 per month for three children </li></ul><ul><li>6. Hostel expenditure allowance-Rs. 400 per child per month for 2 children </li></ul><ul><li>7. Tribal area allowance – Rs. 500 per month in Bihar </li></ul><ul><li>8. Travelling allowance – Rs. 12000(However actual expenditure was only Rs. 8000 for official duties </li></ul><ul><li>9. Conveyance allowance –Rs. 500 per month(the whole amount spent for official duties) </li></ul><ul><li>10. Transport allowance- Rs. 18,600 </li></ul><ul><li>11. Overtime allowance-Rs. 4000 </li></ul>
  70. 70. Answer: <ul><li>Computation of gross salary of Mr. Amal for the assessment year 2008-09: </li></ul><ul><ul><ul><ul><ul><li>Taxable allowances </li></ul></ul></ul></ul></ul><ul><li>1. Basic pay Rs. 8,000 x 12 96,000 </li></ul><ul><li>. DA –40% of basic pay(8000 x 40% x12) 38 400 </li></ul><ul><li>3. City compensatory allowance-10% x 8000 x12 9,600 </li></ul><ul><li>4.Medical allowance –Rs.800 x 12 9,600 </li></ul><ul><li>5. Children educational allowance-[ (Rs. 200-100)2 x 12+ </li></ul><ul><li>200 x 12] 4,800 </li></ul><ul><li>6. Hostel expenditure allowance-(Rs. 400-300) 2 x 12 2,400 </li></ul><ul><li>7. Tribal area allowance – (Rs. 500-200) x 12 3,600 </li></ul><ul><li>8. Travelling allowance – (Rs. 12000-8000) official duties 4,000 </li></ul><ul><li>9. Conveyance allowance –Rs. 500 –500) 12 Nil </li></ul><ul><li>10. Transport allowance- Rs. 18,600-(800 x 12) 9,000 </li></ul><ul><li>11. Overtime allowance-Rs. 4000 4,000 </li></ul><ul><li>Gross salary 1,81,400 </li></ul>Children education –Rs. 100 per month per child for two children allowed. Hostel expenditure Rs. 300 per child per month for two children allowed
  71. 71. Let us have a short break For middle and below class family god has given brain. Brain Is your wealth. How to develop your brain???
  72. 72. Study daily Collect information and????
  73. 73. Pass on such good information to Others at free of cost. You are born in this world Only to give. Do you get happiness by receiving?
  74. 74. By giving you receive including knowledge This is the base of double entry book keeping
  75. 75. Perquisites <ul><li>Casual emolument or benefit attached to an office or position in addition to salary or wages </li></ul><ul><li>Something that benefits a man by going into his own pocket </li></ul><ul><li>Whether perquisites should be given in Kind? </li></ul>
  76. 76. Perquisites <ul><li>Need not be in kind.It can be in cash. </li></ul><ul><li>What are the conditions to be fulfilled to become a perks? </li></ul>
  77. 77. 1.Allowed by Employer to Employee 4.Personal advantage To the employee 5. Derived by Virtue of Employer’s authority 3.Directly Depend upon service 2.Allowed during Continuance Of employment Conditions To become perquisites
  78. 78. Other conditions <ul><li>Employer and employee relationship should exist at any point of time- need not be an employee now. </li></ul><ul><li>Legal origin is important-Un authorized advantage taken by employee without employer’s authority will not become perquisites. </li></ul>
  79. 79. 1.Rent free Accommodation Provided By employer 4.Personal Obligations of Employee Met by employer 5. Funds paid By employer Other than RPF/Insurance fund 3.value of Benefits provided Like furniture In the accommodation 2.concessional Accommodation Provided By employer Perquisites Includes 6.Fringe Benefits Allowed To employees Of Other Than companies Accommodation Related(1-3) Including sweeper,gardener,watchman,gas, electricity,
  80. 80. Perquisites Taxable in the hands of employee 1 to 5 taxable only to Specified Employee Category –B 1.Car given by employer 2. Transport facility given by transport undertakings except Railway and airlines. ( only to Specified Employee) <ul><li>( R )ent free or concessional rent accommodation </li></ul><ul><li>( S )weeper in the house, gardener, watchman, personal attendant </li></ul><ul><li>3. Free/concessional ( g )as,electricity,water etc </li></ul><ul><li>4. ( E) ducational facility to employee’s family members including servants and depentant, parents, spouse and children(need not be dependent) </li></ul><ul><li>( L )eave travel concession beyond 2 travels in a block period </li></ul><ul><li>Short form (RSGEL) </li></ul>In the hands of employee Category-A
  81. 81. <ul><li>Special items in computation perquisites </li></ul>
  82. 82. Rent Free accomodation(RFA) <ul><li>Company’s House given at free of cost or rented by company given to employee at free/cocessional rent. </li></ul><ul><li>Includes: house, flat, farm house, carvan(people go by camel place to place), mobil home,ship, floating structure-like boat. </li></ul><ul><li>Step1. Unfurnished Accomodation </li></ul>Central or State Government employees Private employees
  83. 83. 1.Central or state government employee-RFA <ul><li>License fee of flat determined by central government is perquisites in the hands of employee. </li></ul><ul><li>Fair market value of rent is not important </li></ul>
  84. 84. RFA-Government employee-Exercise <ul><li>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? </li></ul><ul><li>Answer:-next page </li></ul>
  85. 85. Answer-RFA <ul><li>Fair rent is not considered. The license fee Rs. 3,000 is taxable in the hands of Specified employee. </li></ul>
  86. 86. 2. Private Employees(RFA) <ul><li>It depends on Population of the city where accommodation provided. </li></ul>Exceeding population 25 lakhs Population beyond 10 lakhs-Up to25 lakhs Population Upto 10 lakhs Owned By employer 15%of salary or amount paid By company To outsider Whichever Is lower Rented By company Owned By employer Rented Owned By employer Rented By company 15% of salary 10% of salary 7.5% of Salary Population as per 2001 census
  87. 87. Explanation to the diagram <ul><li>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. </li></ul><ul><li>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. </li></ul>
  88. 88. If Furniture provided by employer <ul><li>If rented </li></ul><ul><li>Actual hire charges </li></ul><ul><li>payable </li></ul>If owned 10% of original Cost of furniture
  89. 89. Meaning of salary for RFA <ul><li>All Cash salary received or recivable in hand( including taxable allowances) by the employee himself. </li></ul><ul><li>Excludes all *perquisites and *DA which will not come under retirement purpose </li></ul><ul><li>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 of salary. </li></ul>
  90. 90. Exercise-RFA <ul><li>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) </li></ul><ul><li>Basic Salary 248000 </li></ul><ul><li>Bonus 16000 </li></ul><ul><li>Dearness allowance(50% forming part of salary) 60000 </li></ul><ul><li>Project allowance 15000 </li></ul><ul><li>Commission on sales 16000 </li></ul><ul><li>City compensatory allowance 25000 </li></ul><ul><li>Medical allowance 12000 </li></ul><ul><li>Employer contribution to recognized provision fund 20000 </li></ul><ul><li>Salary pertaining the year 2008-09 has been received in advance 20000 </li></ul><ul><li>  </li></ul><ul><li>He has been provided with a rent free accommodation in Bangalore owned by the employer. The population of Bangalore may be assumed to be 50 lakhs as per 2001 census </li></ul><ul><li>Determine the taxable value of the perquisite in respect of rent free accommodation. </li></ul><ul><li>  </li></ul>
  91. 91. <ul><li>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 </li></ul><ul><li>Determine : a) Meaning of salary for RFA </li></ul><ul><li>b)the taxable value of the perquisite in respect of rent free accommodation. </li></ul><ul><li>1. Meaning of salary:- </li></ul><ul><li>All Cash salary received or recivable in hand including taxable allowances by the employee himself. </li></ul><ul><li>Excludes all *perquisites and *DA which will not come under retirement purpose </li></ul><ul><li>Any allowance is not taxed( like HRA(partly), children educational allowance upto Rs.100 Per month or transport allowance up to Rs. 800 per month etc.) are not included in the meaning of salary. </li></ul><ul><li>  </li></ul>
  92. 92. Meaning of salary-Exercise <ul><li>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 </li></ul><ul><li>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. </li></ul><ul><li>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 salary received by the assessee himself. </li></ul><ul><li>  </li></ul>
  93. 93. Exercise <ul><li>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- </li></ul><ul><li>  </li></ul><ul><li>Basic Salary 120000 </li></ul><ul><li>Bonus 16000 </li></ul><ul><li>Dearness allowance(50% forming part of salary) 60000 </li></ul><ul><li>Project allowance 15000 </li></ul><ul><li>Commission on purchase 16000 </li></ul><ul><li>City compensatory allowance 25000 </li></ul><ul><li>Medical allowance 12000 </li></ul><ul><li>Employer contribution to recognized provision fund 20000 </li></ul><ul><li>Salary pertaining the year 2008-09 has been received in advance 20000 </li></ul><ul><li>  </li></ul><ul><li>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 </li></ul>
  94. 94. solution <ul><li>Computation of taxable salary of Sri Mohan for assessement Year 2008-09 </li></ul><ul><li>  </li></ul><ul><li>Basic Salary 120000 </li></ul><ul><li>Bonus 16000 </li></ul><ul><li>Dearness allowance(50% forming part of salary) 60000 </li></ul><ul><li>Project allowance 15000 </li></ul><ul><li>Commission on purchase 16000 </li></ul><ul><li>City compensatory allowance 25000 </li></ul><ul><li>Medical allowance 12000 </li></ul><ul><li>Employer contribution to RPF in excess of 12% of salary 2000 </li></ul><ul><li>[20000- 12% of (120000+ 50% of 60000)] </li></ul><ul><li>Salary from B ltd 80000 </li></ul><ul><li>Advance of salary 20000 </li></ul><ul><li>Value of housing facility[10% of (120000+16000+30000+ 31400 </li></ul><ul><li>15000+16000+25000+12000+80000)] </li></ul><ul><li>  </li></ul><ul><li>Taxable Salary 397400 </li></ul>
  95. 95. Exercise <ul><li>Value of concessional accommodation: Sri Basant is purchase manager of a private company and for the previous 2007-08 he received the following emoluments- </li></ul><ul><li>Basic Salary 240000 </li></ul><ul><li>Bonus 32000 </li></ul><ul><li>Dearness allowance(50% forming part of salary) 120000 </li></ul><ul><li>Project allowance 30000 </li></ul><ul><li>Commission on purchase 32000 </li></ul><ul><li>City compensatory allowance 50000 </li></ul><ul><li>Medical allowance 24000 </li></ul><ul><li>Employer contribution to recognized provision fund 40000 </li></ul><ul><li>2 months salary for year 2008-09 has been received in advance 20000 </li></ul><ul><li>  </li></ul><ul><li>What would be the value of accommodation if the employer charges rent of Rs 2000 p.m. in the following independent cases: </li></ul><ul><li>(a)    The accommodation is provided in Hyderabad where popln as per 2001 census exceeds 25 lakh </li></ul><ul><li>(b)    The accommodation is provided in Alwar where popln as per 2001 census exceeds 18 lakh </li></ul><ul><li>(c)   The accommodation is provided at Tumkore (popln less than 10 lakhs) </li></ul>
  96. 96. Solution <ul><li>Soln: The valuation of accommodation provided at concessional rent shall be as under- </li></ul><ul><li>Place of accommodation Value of perquisite </li></ul><ul><li>Hyderabad 15% of salary less rent recovered = Rs 70200-24000=Rs46200 </li></ul><ul><li>Alwar 10% of salary less rent recovered = Rs 46800-24000=Rs22800 </li></ul><ul><li>Tumkore 7.5% of salary less rent recovered =Rs 35100-24000=Rs11100 </li></ul><ul><li>  </li></ul><ul><li>Salary = 240000+32000+60000+32000+30000+50000+24000 = Rs 468000 </li></ul><ul><li>  </li></ul><ul><li>Any rent collected by employer from employee, such amount is deductible from taxable perquisite. </li></ul>
  97. 97. Furnished accommodation in hotel <ul><li>24% of salary paid or payable only for the period accommodation provided </li></ul><ul><li>Or </li></ul><ul><li>Actual charges paid or payable by the employer to such hotel </li></ul><ul><li>Whichever is lower </li></ul><ul><li>Exceptions:-1. The above rule is not applicable if such employee stays less than 15 days in the previous year and </li></ul><ul><li>2.Accommodation given only he is transferred to such new place </li></ul><ul><li>Both the conditions should be fulfilled </li></ul><ul><li>Note:-Any amount collected from employee is deductible from such calculations </li></ul>
  98. 98. Perquisites –Domestic servants, free supply of gas, electricity etc <ul><li>Sweeper, gardener watchman personal assistant paid by employer is perquisites to the extent of cost to the employer. </li></ul>
  99. 99. Monthly Fixed Education allowance <ul><li>Training of employees is not perquisites </li></ul><ul><li>Fixed educational allowance Rs.100 per child per month is exempted per child. Maximum two children.Beyond is taxable </li></ul><ul><li>Hostel Rs.300 per month per child exempted.Maximum two children.Beyond it is taxable to the employee </li></ul>
  100. 100. Payment of school fees and re-imbursement of school fees <ul><li>Taxable as perquisites fully </li></ul>
  101. 101. Education facility to children(own) in their own school or any other school/college <ul><li>If less than Rs. 1000 per month exempted </li></ul><ul><li>If exceeds Rs. 1000 per month </li></ul><ul><li>cost of education in similar institution in the near locality (minus )Rs. 1000(minus) amount recovered. </li></ul><ul><li>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? </li></ul>
  102. 102. Education facility to relative’s children <ul><li>Cost to the employer in such similar institution minus amount recovered </li></ul><ul><li>Important Note: Only for own children exemption of Rs. 1000 allowed. But for the relative’s children such deduction is not allowed. </li></ul>
  103. 103. Answer- Educational facility <ul><li>3 x 1000= 3000 exempted </li></ul><ul><li>500 x 3 + 1500= 3000 taxable </li></ul><ul><li>Note: Number of children is not limited to two </li></ul>
  104. 104. Scholarships <ul><li>Scholarship given by employer company is not taxable as perquisites. </li></ul><ul><li>Note:- It should not be related to his/her employment. </li></ul>
  105. 105. Leave travel concession for Family <ul><li>Any place in India </li></ul><ul><li>Only travel short route permissible </li></ul><ul><li>Two Journey in four block period allowed. </li></ul><ul><li>If Journey is not taken place with in two years, in the very next year if used itcan be claimed. </li></ul><ul><li>Flight- economy class fair allowed(not taxable). </li></ul><ul><li>Train-Air conditioned first class fair allowed(Not taxable) </li></ul><ul><li>Note:- Only Journey expenditure is exempted. Two children only who are born after 1st October 1998.(Twins or triplets are treated as one) </li></ul>
  106. 106. Employee’s obligation met by employer either giving money or reimbursed is taxed in the hands of employee(17(2)(iv)) <ul><li>Example:1.Domestic servant’s salary reimbursed by employer. </li></ul><ul><li>2. Gas connection in the name of the employee but monthly gas bill paid by employer- Taxable to all employee whether specified or not. </li></ul><ul><li>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. </li></ul>
  107. 107. Amount payable by employer for fund on life of employee <ul><li>Taxable to all employees </li></ul><ul><li>Exception:1. RPF, </li></ul><ul><li>2. approved superannuation fund </li></ul><ul><li>3. Group Insurance,ESI </li></ul><ul><li>4. Fidelity Guarantee scheme </li></ul>
  108. 108. Valuation of Interest free/concession loan <ul><li>Difference between SBI interest rate on 1 st day of the previous year-rate of interest charged by company from employee. </li></ul><ul><li>SBI rate:on 1 st 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% </li></ul><ul><li>Exceptions- see in the next slide </li></ul>
  109. 109. Example <ul><li>X is employed by A Ltd. on 1 st June 2007, he has taken interest free Housing loan of Rs. 14,00,000.How much is taxable? </li></ul>
  110. 110. Answer <ul><li>Lending rate upto 5 years is 10.25% per annum </li></ul><ul><li>10.25% x 14,00,000=1,19,583 is taxable. </li></ul><ul><li>Suppose the interest charged by the company from assessee is 6%, then how much is taxable? </li></ul>
  111. 111. Answer <ul><li>(10.25%-6%) x 14,00,000=Rs59500 taxable </li></ul>
  112. 112. Perquisites in respect of movable assets given to an employee for personal use. <ul><li>10 % of Original cost of such asset purchased by employer(- )reimbursed by employee </li></ul><ul><li>If taken on rental basis by employer: </li></ul><ul><li>Rent payable(-)reimbursed by employee </li></ul><ul><li>Note: It is not on WDV value </li></ul>
  113. 113. Perquisites by sale of company asset at nominal rate <ul><li>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. </li></ul><ul><li>Note: 1. WDV method only </li></ul><ul><li>2. Fully completed years of individual asset only It is not financial year. Fraction of the year is ignored. </li></ul><ul><li>What % of depreciation on Motor car? </li></ul>
  114. 114. Motor car transferred? <ul><li>20% depreciation under WDV for completed year of service. </li></ul><ul><li>Other assets? </li></ul><ul><li>10% on ORIGINAL value of asset. </li></ul>
  115. 115. Exception on Interest on loan <ul><li>1. Loan(s) less than Rs.20,000(in aggregate of original loan ) and </li></ul><ul><li>2.Taken for specified medical treatment. </li></ul><ul><li>Amount reimbursed from medical insurance scheme is not considered. </li></ul>
  116. 116. Medical facilities <ul><li>Medical facilities availed in employer’s hospital, government hospital or hospitals recognised by Income tax department is not taxable.( No limit for specified diseases. </li></ul><ul><li>If private –Up to Rs.15000 is not taxable if reimbursed to specified employees. </li></ul><ul><li>If bill is issued in the name of employee but paid by employer then it is taxable in all types of employees. </li></ul><ul><li>Family means: spouse, children, parents, brothers, sisters who are wholly or mainly dependent on him/her. </li></ul>
  117. 117. Medical facilities outside India <ul><li>Medical treatment expenditure To the extent of RBI’s permission is not taxable. </li></ul><ul><li>Travel:employee+relative or one attendant-exempted provided cost does not exceed Rs.2,00,000. </li></ul><ul><li>Stay for one relative/one attendant expenditure – allowed to the extent of RBI’s permission. </li></ul>
  118. 118. Motor car – belong to Employee but expenditures met by employer <ul><li>Exclusively used for private – Fully taxable. </li></ul><ul><li>Exclusively used for official- Not taxable. </li></ul><ul><li>Partly used for business partly for private and difficult to identify:- </li></ul><ul><li>Calculation of perquisites:-1.6 litres car </li></ul><ul><li>Actual expenditure incurred by employer </li></ul><ul><li>Less:Rs.1,200 per month +600 per month if driver is paid.(This is assumed that it is incurred for official purpose) </li></ul><ul><li>If no driver-Rs. 600 per month is not applicable. </li></ul>
  119. 119. Motor car- Owned /Hired and maintained by employer by employer- <ul><li>Used for private purpose:- </li></ul><ul><li>(All expenditure met by employer + 10% depreciation on original cost are perquisites) or higher charges </li></ul><ul><li>Partly for private partly for oficial: </li></ul><ul><li>Up to 1.6 litres- </li></ul><ul><li>1200(car) +600(if Driver provided) per month-taxable. </li></ul><ul><li>If more than 1.6 litre :- </li></ul><ul><li>1600 (car) + 600(If driver provided) per month is taxable. </li></ul><ul><li>Note: Nothing is deductible when recovered from the employee </li></ul>
  120. 120. Motor car- Owned /Hired by employer but maintained by employee Expenditure Incurred by employer or Hire charges + 10% on original Cost of car incurred by employer Used wholly for personal purpose Note:- if recovered by employer it is deductible
  121. 121. Motor car- Owned /Hired by employer maintained by employee <ul><li>Used Partly for private partly for official-difficult to identify:- </li></ul><ul><li>If 1.6 litres cubic capacity- Rs.400Per month(Car) + 600 per month(if driver provided)----Taxable </li></ul><ul><li>If above 1.6 litres cubic capacity: </li></ul><ul><li>Rs.600 per month(car) +Rs.600per month(if driver provided) taxable. </li></ul>Note: amount recovered from employee is not deductible
  122. 122. Other than car like two wheeler owned by employee but maintained by employer <ul><li>Partly for office and partly for private-if difficult to measure: </li></ul><ul><li>Expenditure incurred by employer </li></ul><ul><li>Less: Rs.600 per month or higher sum for official purpose as per log book if maintained </li></ul><ul><li>Less: Amount recovered from employee </li></ul><ul><li>balance is taxable in the hands of assessee. </li></ul>
  123. 123. Higher claim on car <ul><li>Conditions: </li></ul><ul><li>1.Complete detail of journey for official purpose to be maintained </li></ul><ul><li>2.Certified by employer that the expenditure was incurred wholly and exclusively for official purposes. </li></ul><ul><li>Ref: Income tax by Dr. Singhania-page 147-149 39 th edition. </li></ul>
  124. 124. Perquisites-car Re imbursed by employer Owned by employee
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