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Income from Salary.pptx

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Income from Salary.pptx

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Taxable income from Salary & tax treatment of basic salary, pension, gratuity, earned leaves, allowances like HRA, perquisites like rent free house, special perquisites like car, utilities, domestic servant & profits in lieu of salary like compensation, VRS, provident funds.

Taxable income from Salary & tax treatment of basic salary, pension, gratuity, earned leaves, allowances like HRA, perquisites like rent free house, special perquisites like car, utilities, domestic servant & profits in lieu of salary like compensation, VRS, provident funds.

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  1. 1. What is the base for charging Tax on Salary Nature of salary Taxable or Not Salary which becomes due during previous year Yes Salary which is received during previous year Yes Arrears of salary paid during the previous year & same were not taxed earlier Yes Arrears of salary paid during the previous year & same were taxed earlier No
  2. 2. What is Salary Under salaries first of all gross salaries is computed it includes: Salary Allowances Perquisites Profits in Lieu of salary Salary at a Glance
  3. 3. Salary means Wages Any annuity or pension Any fees, commission in addition to any salary or wages Any advance salary Gratuity Encashment of leaves
  4. 4. Pension sec 17 (1) (ii)  Pension means a periodical payment received by an employee after his retirement.  On certain occasions, employer allows to withdraw a lump sum amount as the present value of periodical pension.  When pension is received periodically by employee, it is known as Uncommuted pension.  On the other hand, pension received in lump sum is known as Commuted pension.  Such lump sum amount is determined considering factors like the age and health of the recipient, rate of interest, etc. Wages
  5. 5. Pension sec 17 (1) (ii) Pension Uncommuted Pension Case A Commuted Pension (Lump sum) By Govt. employee Case B Other Employee Assessee receives Gratuity Case C Assessee does not received Gratuity Case D Received After death of employee Case A
  6. 6. Pension sec 17 (1) (ii)  Case A: Uncommuted pension (Periodical)  Uncommuted pension is fully taxable in the hands of all employees whether Government or Non –Government employee.  Case B: Commuted pension received by a Government employee  Commuted pension received by a Government employee is fully exempt from tax u/s 10(10A)(i).  Case C: Commuted pension received by an employee who also received gratuity [Sec. 10(10A)(ii)]  One third of total pension (which assessee is normally entitled for) commuted is exempt. (It is immaterial employee to be covered by the Payment of Gratuity Act or not)  Case D: Commuted pension received by an employee who does not receive gratuity [Sec. 10(10A)(ii)]  One half of total pension (which assessee is normally entitled for) commuted is exempt.
  7. 7. Pension sec 17 (1) (ii)  Example  Mr. Amit has retired from his job on 31/3/2020.  From 1/4/2020, he was entitled to a pension of Rs. 3,000 p.m.  On 1/8/2020, he got 80% of his pension commuted and received Rs. 1,20,000.  Compute taxable pension if he is:  Case a) Government employee;  Case b) Non-Government employee & not receiving gratuity  Case c) Non-Government employee (receiving gratuity, but not covered by the Payment of Gratuity Act)
  8. 8. Pension sec 17 (1) (ii)
  9. 9. Death-Cum Retirement Gratuity Rule Sandeep Kapoor MIET, Meerut Govt. (Cen./state/local) u/s 10(10)(i) Employees covered by payt. Of Gratuity Act 1972 u/s 10(10)(ii) Employees not covered by payt. Of Gratuity Act 1972 u/s 10(10)(iii) Gratuity Received is totally exempt Least of the following amount is exempt 1. 15/7 days salary for services of 6 months or more in each year 2. Rs. 20 Lakhs 3. Gratuity Received Note: i) Salary includes DA last drawn by the employee excluding all other payments ii) 15 Days salary = (Salary of last month drawn/26) X 15 Least of the following amount is exempt 1. ½ month’s salary for each completed year of service 2. Rs. 20 Lakhs 3. Gratuity Received Note: i) Salary=Basic Salary + DA/DP(if given under terms of employment) + commission on sales (%). ii) The salary will be average salary on the basis of average salary of 10 months immediately preceding the month of retirement iii) Completed year = Period of one full year of service. Any fraction of the year is ignored.
  10. 10. Sandeep Kapoor MIET, Meerut  Mr. Dutta is an employee in a company. He gets a gratuity of Rs. 10 lakhs in accordance with payment of Gratuity act, 1972.  He retired on 3rd Dec, 2020 after serving 28 years & 8 months. Monthly salary at the time of his retirement was Rs. 50000.  Calculate the exempt Gratuity  Solution:  15 days Salary 50000*(15/26) = 28846X29 = 836538  Rs. 20lakhs =2000000  Actual Gratuity Received =1000000  So least of the above i.e. 836538 is exempt  Thus 1000000-836538 = 163462 is taxable Death-Cum Retirement Gratuity Rule
  11. 11. Sandeep Kapoor MIET, Meerut  Dr. Prashar who is not covered by the payment of Gratuity Act 1972, retires on 2nd October, 2020 from the college after a service of 38 years & 10 months.  He received a gratuity of Rs. 600000/- His salary for the period ending on 1st October 2020 has been Rs. 29000 p.m.  His annual increment of Rs. 1000 fell due on 1st Jan of every year  Calculate taxable amount of gratuity.  Solution:  ½ months salary for last 10 months (for each completed year of service) i.e. Jan to sep (29000X9)=261000+28000= 289000/10=28900 (for each completed year of service) i.e. 28900*(38/2) = 549100  Rs. 20 lakhs = 2000000  Actual Gratuity Received = 600000  Least amount is exempt so Rs.549100 is exempt  Thus 600000-549100 = 50900 is taxable Death-Cum Retirement Gratuity Rule
  12. 12. Encashment of Earned Leaves Sandeep Kapoor MIET, Meerut Nature of Leave encashment Taxability Status of employee Encashment during continuity of service Taxable For all employees government or private Encashment at the time of retirement Fully Exempt Govt. employees u/s 10(10AA)(i) Partly Exempt Non Govt. employees u/s 10(10AA)(ii) Local authorities & statutory corporations Encashment the time of termination of services Taxable For all employees government or private
  13. 13. Sandeep Kapoor MIET, Meerut  Least of the following is exempt:- 1. Actual amount received as encashment of earned leave at the time of his retirement or resignation 2. Cash equivalent of earned leaves standing to credit of the employee at the time of his retirement, 1. Calculated on the basis of 10 months average salary. The entitlement to earned leave of an employee shall not exceed 30 days for every year of actual service rendered by him as an employee for the employer from whose service is retired. 3. Salary for 10 months immediately preceding his retirement/resignation. 4. The amount specified by central govt. i.e. Rs. 300000 from 2nd April, 1998. Encashment of Earned Leaves
  14. 14. Sandeep Kapoor MIET, Meerut  Dr. Hari was an employee in a limited company. He received Rs. 250000/- as encashment of earned leaves on his retirement on 31st Jan 2021. His monthly salary at the time of retirement was Rs. 25500/- p.m.. He has been getting this salary since March, 2020. He has 10 month’s leave to his credit at the time of retirement. The company allows earned leave at the rate of one month for every year of actual service.  Solution: 1. Actual amount received = 250000 2. Encashment of earned leaves not availed during service = 255000 (10X25500) 3. 10 months salary immediately preceding his retirement = 255000 (10X25500) 4. The amount specified by central govt (from 2-April, 1998) =300000 Least of the above is exempt i.e. 250000 is exempt thus taxable is nil Encashment of Earned Leaves
  15. 15. Sandeep Kapoor MIET, Meerut  Determine the exempt amount of the encashment of earned leaves from the following particulars:-  Employees retiring from a limited company on 31st Dec. 2020 Encashment of Earned Leaves Particulars Mr. A Mr. B Mr. C Monthly salary at the time of retirement paid regularly since Jan. 2020 10000 10000 10000 Duration of service 30 Years 30 Years 30 Years Leaves availed during the service Nil 20 months 32 months Leave entitlement is @ 1.5 months for each year of service 45 months 45 months 45 months Leave at the credit of employee 45 months 25 months 13 months Leave salary paid on retirement @ 10000 p.m. 450000 250000 130000
  16. 16. Sandeep Kapoor MIET, Meerut  Solution: Least of the following is exempt:- Encashment of Earned Leaves Particulars Mr. A Mr. B Mr. C Encashment of earned leave being received 450000 250000 130000 Encashment of earned leave not availed by the employee during his service not exceeding 30 days for each year of service 300000 (30*10000) 100000 (10*10000) Nil Immediately preceding 10 months salary 100000 100000 100000 Maximum Exemption 300000 300000 300000 Hence the exempt amount is 100000 100000 NIL Taxable amount will be 350000 150000 130000
  17. 17. Allowances means Sandeep Kapoor MIET, Meerut  All monetary payments made by an employer to his employee, other than salary, are allowances.  It is fixed, pre-determined and given regularly in addition to salary.  It may be given in form of reimbursement of some expenditure or irrespective of actual expenditure.  From the income tax view point all the allowances have been classified in three categories as;  Fully taxable  Partly taxable  Fully exempt
  18. 18. Fully Taxable Allowances Sandeep Kapoor MIET, Meerut D.A. or D.P. Fixed Medical allowance Cost of living allowance City compensatory allowance Over time allowance Servant’s allowance Proctor’s allowance Warden’s allowance Non practicing allow Tiffin or Lunch allowance Deputation allowance
  19. 19. Partly Taxable Allowances Sandeep Kapoor MIET, Meerut Special Allowances U/S 10 (14) (ii) To meet personal expenses of employee Education Allowance Hostel Allowance Composite hill Allowance Allowance to transport employees Tribal area Allowance Special compensatory Allowance Compensatory field area allowance Compensatory modified area allowance Counter insurgency allowance Transport Allowance Retrenchment Compensation Compensation on VRS House Rent Allowance Entertainment Allowance Travel Allowance
  20. 20. Fully Exempt Allowances Sandeep Kapoor MIET, Meerut Car or conveyance allowance Foreign Allowance Allowance to high court judges Allowance from UNOs Compensatory allowance to a judge Sumptuary Allowance to a judge Special Allowances U/S 10 (14) (i) To meet expenses incurred in performance of duty Tour Allowances Daily Allowances Conveyance Allowance Helper Allowance Academic Allowance Uniform Allowance
  21. 21. Valuation of partly taxable allowances Sandeep Kapoor MIET, Meerut  The taxable portion of allowance is included in the taxable salary of the employee.  The taxable portion is calculated as follows:  Taxable portion = Actual allowance - Exempt portion
  22. 22. Valuation of House Rent Allowances Sandeep Kapoor MIET, Meerut 1. Actual HRA received x 2. Actual rent paid (–) 10% of Salary x 3. 40% of Salary or 50% of Salary (D,K,M,C) x Lesser will be exempted Taxable HRA = Actual HRA received – Exempt HRA Where, salary = Basic salary + DA(under terms of employment) + commission (in %)
  23. 23. Example Sandeep Kapoor MIET, Meerut  Mr. X resides in Chennai.  He is paid Rs. 360000 as basic salary.  He also gets Rs.100000/- as house rent allowance.  The rent paid by him is Rs. 75000/-  Calculate exempt HRA Answer 1. Actual HRA received 100000 2. Actual rent paid – 10% of Salary (75000-36000) 39000 3. 50% of Salary (360000 @ 50%) 180000 As Rs.39000/- is the least amount, hence it is exempt. Taxable HRA = HRA received – Exempt HRA = 100000 – 39000 = Rs.61000
  24. 24. Example  Mr. X resides in Meerut. He is employed in a company on Rs. 15600/- p.m. He gets dearness allowance @ Rs.3000 p.m. under the terms of employment and a commission @ 5% on total sales effected by him which amounts to Rs. 250000/- during the previous year. He is paid a house rent allowance of Rs.2500/- p.m. whereas he pays rent @ Rs.4750/- p.m. Calculate taxable HRA Answer salary = Salary + DA(under terms of employment) + commission (in %) = (15600 X12) + (3000 X 12) + 5% on Rs. 250000 = Rs.235700 1. Actual HRA received 30000 2. Actual rend paid (–) 10% of Salary (57000-23570) 33430 3. 40% of Salary (235700 @ 40%) 94280 As Rs.30000/- is the least amount, hence it is exempt. Taxable HRA = HRA received – Exempt HRA = 30000 - 30000 = NIL
  25. 25. Valuation of Entertainment Allowances  It is paid by an employer to his employee to compensate his entertainment expenses.  The whole allowance is first included in his salaries income.  But later-on a deduction is allowed U/S-16(ii)  Provided that the assessee is a central/state government employee. (Local authorities means non-govt.) 1. 20% of the Basic Salary 2. Rs.5000/- 3. Actual entertainment allowance granted. Lesser will be exempted OK
  26. 26. Valuation of Travel allowances Sandeep Kapoor MIET, Meerut  Following is exempt as per section 10(5) 1. The value of any travel concession or assistance received by or due to the assessee for himself and his family in connection with his proceeding on leave to any place in India. OR 1. Same thing after retirement from service or after termination of his service.  The amount exempt under this section shall in no case exceed the actual travel expenditure.
  27. 27. Valuation of Travel allowances Sandeep Kapoor MIET, Meerut  Family means the spouse and children, the parents, brothers and sisters or any of them wholly or mainly dependant on assessee.  This exemption shall not be available to more than two children after 01-10-98.  But this rule shall not apply in respect of the children born before 01-10-98 and also in case of multiple births after one child. Child includes a step child or an adopted child.  Without performing any journey and incurring expenses thereon, no exemption can be claimed.  Exemption is available to an individual in respect of 2 journeys in a block of 4 years i.e. 2018-2021.  Carry-over is possible but only in first calendar year of succeeding block
  28. 28. Special Allowances Sandeep Kapoor MIET, Meerut  These allowances are exempt from tax to the prescribed extent.  Such allowance is granted to the assessee to meet his personal expenses incurred by him at the place:-  Where the duties of his office of profit are ordinarily performed by him; or  Where he ordinarily resides; or  The allowance is granted to the assessee to compensate him for the increases cost of living.  Such personal allowance which is granted to the assessee to remunerate or compensate him;  For performing duties of a special nature relating to his office is not exempt;  Unless such allowance is related to the place of his posting or residence.
  29. 29. Children Education Allowances Sandeep Kapoor MIET, Meerut  Any allowance which is granted to an employee to meet the cost of education of his children is exempt from tax.  Exemption limit is Rs.100/- p.m. per child up to two children i.e. Rs.2400/- p.a. is exempt.  Example  An employee gets Rs.200 p.m. per child as education allowance for his three children.  The employee gets Rs.7200/- p.a.  The allowance chargeable to tax is  (7200-2400)=Rs.4800/-
  30. 30. Hostel Allowances Sandeep Kapoor MIET, Meerut  Any allowance which is granted to an employee to meet the hostel expenditure incurred by him  Where his children are completing their studies in a hostel is exempt from tax.  Exemption limit is Rs.300/- p.m. per child up to two children i.e.  Rs.7200/- p.a. is exempt.
  31. 31. Composite Hill Allowances Sandeep Kapoor MIET, Meerut  It is a form of special compensatory allowance.  It can be named as  Hill area allowance  High altitude allowance  Uncongenial (unsuitable) climate allowance  Snow bound area allowance  Avalanche allowance Place Maximum Exemption Places in the areas at height of 9000 ft or above and falling in the states i.e. Manipur, Arunanchal Pradesh, Sikkim, UK, Himachal Pradesh and J&K Rs. 800 p.m. Siachen area of Jammu and Kashmir Rs. 7000 p.m. All places located at a height of 1000 meters or more above the sea level except the places specified above Rs. 300 p.m.
  32. 32. Allowance to Transport Employee Sandeep Kapoor MIET, Meerut  If it is given to meet his personal expenditure;  During his duty performed in the course of running such transport from one place to another place;  And he is not getting any DA for his duties.  Exemption Limit: 1. 70% of such allowance or 2. Rs.10000/- p.m.  Which ever is less will be exempted from tax
  33. 33. Tribal area Allowances Sandeep Kapoor MIET, Meerut  It can be named as  Tribal area allowance  Scheduled area allowance  Agency area allowance Place Maximum Exemption Madhya Pradesh, Chhattisgarh, Tamil Nadu, U.P. Karnataka, Tripura, Assam, West Bengal, Bihar, Jharkhand & Orissa Rs. 200 p.m.
  34. 34. Special compensatory Allowances Sandeep Kapoor MIET, Meerut  It can be named as  Border area allowance  Remote allowance  Difficult area allowance  Disturbed area allowance Exemption Limit: Rs.200/- p.m. to Rs.1300/- p.m. Depending upon the place.
  35. 35. Compensatory field area Allowances Sandeep Kapoor MIET, Meerut  Any such allowance given in the field areas of  Arunanchal Pradesh,  Manipur, Nagaland,  Sikkim,  H.P.,  U.P. &  some areas of J&K is exempt Exemption Limit: UPTO Rs.2600/- p.m.
  36. 36. Compensatory modified field area Allowances Sandeep Kapoor MIET, Meerut  Any such allowance given in the field areas of  Punjab and Rajasthan  Hissar in Haryana  Some areas of H.P., Arunanchal Pradesh, Assam, Sikkim, West Bengal & U.P.  Throughout Mizoram & Tripura,  Certain areas of J&K is exempt. Exemption Limit: UPTO Rs.1000/- p.m.
  37. 37. Counter Insurgency Allowances Sandeep Kapoor MIET, Meerut  This allowance is granted to the armed forces operating in area away from their permanent locations for a period of more than 30 days Exemption Limit: UPTO Rs.3900/- p.m.
  38. 38. Transport Allowances Sandeep Kapoor MIET, Meerut  Any special allowance in the nature of transport allowance granted to an employee to meet his expenditure for the purpose of commuting between place of his residence & the place of his duty, is exempt Exemption Limit: UPTO Rs.1600/- p.m. (not valid after AY 2019-20) If assessee is blind or orthopedically handicapped UPTO RS.3200/- p.m.
  39. 39. Retrenchment compensation Allowances  Any compensation received by a workman under the Industrial dispute act 1947 or  Rules, orders or notification issued hereunder or Under any standing orders or  Under any award, contract of service  At the time of his retrenchment, is exempt from tax to the extent of the least of the following: 1. 15 days average pay for completed year of service, or any part thereof in excess of 6 months 2. Rs.500000/-, if a worker is retrenched on or after 1 Jan, 1997 3. Actual amount being received as retrenchment  Average pay means the average pay of 3 completed calendar months immediately preceding the date on which retrenchment compensation paid. OK
  40. 40. Retrenchment compensation Allowances Sandeep Kapoor MIET, Meerut  Example  Mr. Mohan has been working in a company since June 1, 2005. During the previous year he received Rs. 20000 p.m. as salary, 10% of pay DA, 2 months bonus and Rs. 1000 p.m. city compensatory allowance. His services were terminated during 31 Dec, 2020 under a scheme of retrenchment. He was paid Rs. 250000 as retrenchment compensation. Determine the amount of compensation exempt from income tax.  Solution  15 Day’s average pay for each year of service  (23000 X 16 year) / 2 184000  Rupees Five Lakhs 500000  Retrenchment compensation received 250000  Thus least amount i.e. 184000 is exempt & 66000 is taxable
  41. 41. Compensation received on Voluntary Retirement Sandeep Kapoor MIET, Meerut  It is exempt on fulfillment of the following conditions:  It is received with any scheme of voluntary retirement.  The individual is the employee of any of the following bodies:-  A public sector company or any other company  An authority established under a central, state act or  A local authority, A co-operative society or  A university or deemed university or  An Indian Institute of Technology or  Any state/central govt.  A notified institute of Management (Ahd, B’lore, Kol, Lko, IIFT New Delhi)  Exemption under this clause is allowed, to an employee for one assessment year only.
  42. 42. Compensation received on Voluntary Retirement Sandeep Kapoor MIET, Meerut  Exempt amount is subject to least of the following: 1. Compensation Received 2. 3 months salary for each completed year of service. (Ignore the fraction) 3. Salary at the time of retirement multiplied by the balance months of service left till his normal age of retirement 4. Rs. 500000/-  Example  Mr. Bansal born on Jan 5, 1975, got his first employment in a public sector company w.e.f. May 1, 2000. He was promoted as general manager of the company in 2015. During the previous year he got Rs.10000 p.m. as salary, Rs.2000 p.m. DA (under terms of employment), Rs.500 p.m. city compensatory & Rs. 10000 p.a. bonus
  43. 43. Compensation received on Voluntary Retirement Sandeep Kapoor MIET, Meerut  In order to reduce the overall number of employees of the company, a scheme of voluntary retirement is framed containing the following provisions  The scheme is applicable to every employee who has completed 40 years of age or who has completed 10 years of service in the company  The employee retiring voluntarily under the scheme shall be paid Rs. 800000 on the date of retirement.  The vacancies created by such voluntary retirement shall not be filled up.  The retired employee will not be employed in any other concern of the company.  Mr. Bansal opts to retire voluntarily under the scheme on 31 Dec, 2020.  Compute exempt compensation received at the time of voluntary retirement presuming that the normal age of retirement is 60 years.
  44. 44. Compensation received on Voluntary Retirement Sandeep Kapoor MIET, Meerut Solution  Actual amount of compensation received 800000  3 Months salary for each completed year of service  (3*20)*12000 720000  Salary at the time of retirement multiplied by the balance months of service left i.e. 168 Month * 12000 2016000  The maximum limit fixed as per Income Tax 500000  Hence the least of the above i.e. Rs. 5 lakhs are exempt  Rest amount of Rs. 3 lakhs are taxable.
  45. 45. Perquisites Sandeep Kapoor MIET, Meerut  It is some benefit in addition to the amount that may be legally due by way of contract for services rendered.  Perquisites can be classified into the following three categories. General Perquisites (Taxable for all) Rent free accommodation Concessional rent free acc. Payment of employee’s Obligations Employee’s life insurance premium paid by employer Fringe Benefits:- a) Taxable in employee’s hand b) Taxable in employer’s hand Specific Perquisites (Taxable for specified’s) Facility of Car Facility of domestic servants Free gas, electricity & water Free education Transport facility by transport undertaking Medical Facility (Now Free) Tax free Perquisites (Tax free for all) Medical facility Recreational facilities Conference Tour & travel facility Accommodation in remote area Refreshment facilities Conveyance facilities Telephone or mobile Lunch or Dinner Many more
  46. 46. Valuation of Rent free Accommodation Sandeep Kapoor MIET, Meerut Particulars Accommodation owned by the employer Accommodation taken on lease or rent by employer In case of unfurnished Accommodation For Govt. Employees License fee determined by the central/state govt. – Rent paid by employee License fee determined by the central/state govt. - Rent paid by employee For Private Sector Employees As per census 2011, where accommodation is provided If exceeds 25 Lakhs 15% of salary of occupied period – Rent paid by employee Rent Paid or 15% of salary (Whichever is Less) If it is between 10-25 Lakhs 10% of salary of occupied period- Rent paid by employee Rent Paid or 15% of salary (Whichever is Less) If it is below 10 Lakhs 7.5% of salary of occupied period - Rent paid by employee Rent Paid or 15% of salary (Whichever is Less) In case of Furnished Acc. Value as per unfurnished + 10% of the cost of furniture or rent of the furniture (if it is rented) Value as per unfurnished + 10% of the cost of furniture or rent of the furniture (if it is rented)
  47. 47. Valuation of Rent free Accommodation Sandeep Kapoor MIET, Meerut Accommodation in Hotel 24% of the salary of the relevant period or Actual charges of hotel paid or payable (Whichever is less) Less The rent actually paid by the employee Not Applicable In case of furnished accommodation Valuation as unfurnished + 10% of cost of furniture Or Rent of the furniture (if furniture is rented) Valuation as unfurnished + 10% of cost of furniture Or Rent of the furniture (if furniture is rented) Particulars Accommodation owned by the employer Accommodation taken on lease or rent by employer Salary =Basic salary + DA or DP (if under the terms of employment) + fees, bonus & commission + All other taxable allowance (excluding the portion no taxable) + Any monetary payment.
  48. 48. Valuation of Concessional Rent free Accommodation Sandeep Kapoor MIET, Meerut  For all category of employee whether government or private;  Valuation of concessional rent free accommodation (furnished & unfurnished)  = valuation as rent free accommodation – Rent paid or payable by or deducted from the employee  For the purpose of rent free house salary includes;  Basic salary + D.A. + D.P (if given in condition) +Bonus + Commission + all taxable allowances + gas, electricity & water facility
  49. 49. Valuation of Rent free Accommodation Sandeep Kapoor MIET, Meerut  Example 1:  Mr. A is employed as secretary in Ministry of education. Government of India.  He gets a salary @ Rs. 25000/- p.m. & a dearness allowance of Rs. 1000/- p.m., city compensatory allowance @ Rs. 2000/- p.m.  He has been provided with a rent free accommodation by the Government.  The license fee of the accommodation as per Government’s rule is Rs. 8000/- p.a. and its fair market rent is Rs. 12000/- p.a.  Value the rent free accommodation.  What would be the valuation if the fair market rent is Rs. 20000/- p.a.  Solution  Valuation = License fee determined by the Government i.e. Rs. 8000/- p.a.  Note:  Market rental value of the accommodation and the salary of the employee are irrelevant for valuation of rent free accommodation of a Government employee.
  50. 50. Valuation of Rent free Accommodation Sandeep Kapoor MIET, Meerut  Example 2:  Mr. D is employee in a company. He is posted at company’s Mumbai branch and gets Rs. 15000 p.m., Rs. 1500 p.m. as DA, Rs. 400 p.m. as education allowance for two children.  He also gets a city compensatory allowance at Rs. 2000 p.a.  The employer paid his gas, electricity and water bills of Rs. 1200.  He has been provided with a rent free flat by the company.  Company pays Rs. 3500 p.m. rent of the flat.  Computer the value of this flat to ascertain the taxable salary of Mr. D. What would be the valuation when the rent Rs. 1500 p.m. is paid by the company?  Solution  Valuation = Rent paid by company or 15% of salary (whichever is less)  Salary for this purpose = Basic + Education allowance + city compensatory allowance  i.e. 180000 (Basic) + 2400 (EA) + 2000 (CCA) = 184400  = (3500*12) = 42000 or 15% of 184400 i.e. 27660  Thus valuation is Rs. 27660/-  If rent paid is Rs. 1500 p.m. then  Valuation will be = lesser of 18000 or 27660 thus Rs. 18000
  51. 51. Valuation of Rent free Accommodation Sandeep Kapoor MIET, Meerut  Example 3:  Mr. P is General Manager of a company. He gets Rs. 20000 p.m. as salary,  Rs. 1000 p.m. marriage allowance, Rs. 1500 p.m. children allowance & Rs. 1000 p.m. as DA (of which half the amount is added in salary to ascertain the contribution to PF).  He also gets transport allowance from residence to office Rs. 1800 p.m.  Besides, he gets a bonus equal to 3 months basic pay per year.  The company provided him a rent free bungalow in which AC, refrigerator, LED TV set and other furniture of cost Rs. 120000 belonging to the company, are installed.  The monthly rent of the bungalow payable by the employer company is Rs. 6000.  Calculate the value of the bungalow.  If rental value would have been Rs. 2500 p.m. What would be the valuation?
  52. 52. Valuation of Rent free Accommodation Sandeep Kapoor MIET, Meerut  Solution:  As the bungalow is not owned by the employer company, the valuation of rent free furnished bungalow will be as under:-  Valuation = Rent paid by employer or 15% of Salary (whichever is less)  +10% of the cost of furniture  Rent paid = (6000*12)= 72000  Salary = 240000 (Basic) + 12000 (Marriage allowance) + 18000 (Children) + 6000 (DA) + 21600 (TA) + 60000 (Bonus) = 357600  So 15% of 357600 = 53640  Cost of furniture is Rs. 120000  Thus [72000 or 53640] (whichever is less) + 10% of 120000  i.e. 53640 + 12000 = 65640  If the rental value of bungalow is Rs. 2500 p.m. then  Valuation = (2500*12) i.e. 30000 or 53640 whichever is less + 10% of 120000  i.e. 30000 + 12000 = 42000
  53. 53. Valuation of Rent free Accommodation Sandeep Kapoor MIET, Meerut  Example 4:  A, B & C are working on the post of Govt. official, Branch manager in Reserve Bank of India and Professor in XYZ college (Government aided college), Agra respectively.  A is posted in Delhi, B in Lucknow and C in Agra.  All three employees are getting furnished accommodation from their respective employers for which their employers deduct 8% of their basic salary.  The furniture installed in the accommodation of Govt. official and Bank official is that of the employer and that installed in the accommodation of C is taken on hire @ Rs. 1000 p.m. payable of the college.  License fee determined by the Government in respect of first accommodation is Rs. 12000 p.a. other information's are as below:-
  54. 54. Valuation of Rent free Accommodation Sandeep Kapoor MIET, Meerut Particulars Mr. A Mr. B Mr. C Salary 120000 132000 144000 Dearness Allowance 12000 12000 57600 Bonus 3 month’s basic pay 3 month’s basic pay - Education Allowance 6000 10200 - City compensatory allowance 6000 6000 - Cost of Furniture 50000 100000 140000 Fair Rent 6000 7500 50000 Wardonship allowance - - 4800  Calculate the value of residential facility in all the three cases.
  55. 55. Valuation of Rent free Accommodation Sandeep Kapoor MIET, Meerut  Solution:  Mr. A (Government Employee at Delhi)  Valuation as rent free = License fee determined by Govt. + 10% of the cost of furniture  Thus it will be 12000 + 10% of 50000 = 17000  In case of valuation as concessional rent free house  Valuation as rent free – Rent paid by employee  i.e. 17000- 9600 (8% of Basic pay) = 7400  Mr. B (Public Sector Employee at Lucknow)  Salary = 132000 (S) + 33000(B) + 7800 (EA) + 6000 (CCA) = 178800  Valuation as rent free = 15% of Salary + 10% of the cost of furniture  Thus it will be 15% of 178800 + 10% of 100000 = 36820  In case of valuation as concessional rent free house  Valuation as rent free – Rent paid by employee  i.e. 36820- 10560 (8% of Basic pay) = 26260  Note: Population of Lucknow is more than 25 lakhs & it is assumed that assessee has 2 children.
  56. 56. Valuation of Rent free Accommodation Sandeep Kapoor MIET, Meerut  Mr. C (Prof. in Govt. aided college at Agra)  Salary = 144000 (S) + 4800 (WA) = 148800  Valuation as rent free = 10% of Salary + Rent of the furniture  Thus it will be 10% of 148800 + 12000 = 26880  In case of valuation as concessional rent free house  Valuation as rent free – Rent paid by employee  i.e. 26880- 11520 (8% of Basic pay) = 15360  Note: Population of Agra is between 10-25 lakhs.
  57. 57. Payment of employee’s obligations by employer Sandeep Kapoor MIET, Meerut  Valuation = Actual obligation of the employee or Amount paid by the employer (whichever is less) • If the actual total obligation is not known, then the amount paid by the employer will be the value of perquisite. • Payment of employee’s Life Insurance Premium by the employer • Valuation = Life or annuity premium actually paid by the employer. (including any penalty or interest on it)
  58. 58. Specified security or sweat equity allotted or transferred by employer or former employer Sandeep Kapoor MIET, Meerut  Valuation = Fair market value of such security (-) Minus Amount paid by the employee  Employer contribution towards approver superannuation fund, recognized provident fund and NPS  Valuation = Actual amount contributed to these funds – 7.5 Lakhs  Apart from this any accretion by way of interest, dividend or any other amount of similar nature during previous year on the above valuation is also taxable.  For this calculation a formula under Rule 3B is defined in Income Tax Act.
  59. 59. Any other benefits or amenities as prescribed  Interest free or concessional loan (More than 20000) Interest charged by SBI as on the first day of the relevant previous year – Actual interest paid by employee  Use of moveable assets 10% of actual of asset or Rent paid by the employer - Actual charges paid by employee  Transfer of moveable assets by employer to employee Actual cost of the assets – normal wear & tear – Amount paid by employee (Depreciation rates for different assets defined in the act)  Valuation of free or concessional transport Value offered to public – Amount paid by the employee Note: Not applicable for the employee of Railway & Airlines, for them this facility is tax free.  Travelling, Touring, Accommodation etc. (During Holiday)  Actual amount incurred by employer – Recovery from employee  If facility is maintained by the employer then  Value at which facility offered to public – Recovery from employee
  60. 60. Any other benefits or amenities as prescribed Sandeep Kapoor MIET, Meerut  Free food, beverages or refreshment facility  If any allowance is given for this purpose then fully taxable  Refreshment i.e. tea or snacks during office hours in office premises, NO TAX  Free meal in remote area or offshore installation exempt (provided remote area means 40 km away from town with population up to 20000)  Food & non-alcoholic beverages in office premises during working hours up to Rs. 50 per meal EXEMPT  Any gift, or voucher or token exempt up to Rs. 5000  Credit card facility Actual amount paid or reimbursed by employer for employee or his family – The amount paid by employee  Club Expenditure  Actual amount paid by employer – Amount recovered from employee
  61. 61. Specific Perquisites  Perquisites, which are taxable in the hands of specified employees only, are called as specific perquisites.  Such specified employees are given below U/S17 (2) (iii)  A Director of a company  An employee having substantial interest in a company i.e. 20% voting right  An employee whose taxable monetary salary exceeds Rs.50000/- p.a.
  62. 62. Valuation of car as specific perquisite Sandeep Kapoor MIET, Meerut If car is owned by the employer In case when expenses incurred by employer For private use only For business use only Private & business use Actual exp. + Actual salary of driver + 10% for Dep. – Amt paid by employee NIL Rs.1800 p.m. up to 1.6 ltr or Rs.2400 p.m. above 1.6 ltr + Rs.900 p.m. for driver In case when expenses incurred by employee For private use only For business use only Private & business use 10% for Dep.+ Actual salary of driver – Amount paid by employee NIL Rs.600 p.m. up to 1.6 ltr or Rs.900 p.m. above 1.6 ltr + Rs.900 p.m. for driver If car is owned by the employee & expenses paid by employer For private use only For business use only Private & business use Actual expenses incurred – Amount paid by employee NIL Actual exp. Incurred –Rs.1800 pm up to 1.6 ltr or Rs.2400 pm above 1.6 ltr + Rs.900 p.m. for driver If car is owned by the employee & expenses paid him NIL
  63. 63. Valuation of car as specific perquisite  Sonia, has been provided a car (1.7 ltr.) by his employer Vikash Ltd. The cost of car to the employer was Rs. 3,50,000 and maintenance cost incurred by the employer Rs. 30,000 p.a.  Chauffeur salary paid by the employer Rs. 3,000 p.m.  Find value of perquisite for Sonam for the A.Y.2021-22; if the car is used for: a) Office purpose. b) b) Personal purpose. c) c) Both purpose. In case (b) and (c), employee is being charged Rs. 15,000 p.a. for such facility. Solution: a) Nil, as car is used for office purpose.
  64. 64. Valuation of car as specific perquisite b) Taxable value of car facility: c) Rs. 2,400 p.m. for car facility + Rs. 900 p.m. for driver facility = Rs. 3,300 p.m. Taxable value of perquisite Rs. 3,300 * 12 = Rs. 39,600.
  65. 65. Valuation of car as specific perquisite  Ms. Pooja has been provided a car (1.5 ltr.) on 15/7/2021.  The cost of car to the employer was Rs. 6,00,000 and maintenance cost incurred by employer Rs. 20,000 p.a.  Chauffeur salary paid by employer (Mr. Ratan) Rs. 4,000 p.m. The car is 40% used for office and 60% for personal purpose.  Charges paid by employee for such facility Rs. 5,000  Solution  A part of month shall not be considered for this purpose.  Whenever statutory value is taken as taxable value of perquisite then amount charged from employee shall not be subtracted. Particulars Details Amount Car 1800*8 14400 Driver 900*8 7200 Taxable Value of Perquisite 21600
  66. 66. Valuation of car as specific perquisite  Mr. Ravi has a car (1.5 ltr.) used for office as well as for personal purpose.  During the year car is used 80% for business purpose being certified by the employer.  During the year, he incurred Rs 50,000 on maintenance and running of such car.  The entire cost is reimbursed by the employer.  Find taxable perquisite if assessee wish to claim higher deduction  when – (a) A proper log book is maintained;  (b) A proper log book is not maintained
  67. 67. Valuation of car as specific perquisite  Solution  a) When log book is maintained  Taxable perquisite in the hands of Ravi  Actual expenditure incurred by the employer is reduced to the extent it is used for office purpose, as a proper record is kept and duly certified by employer.  b) When log book is not maintained  Taxable perquisite in the hands of Ravi  Actual expenditure incurred by the employer is reduced to the extent of Rs. 1,800 p.m. even though it is used for office purpose but a proper record is not kept.  50000-21600(1800*12) = 28400 (Taxable Amount) Amount Reimbursed by the employer 50000 Less Deduction (80% of 50000) 40000 Taxable Amount 10000
  68. 68. Valuation of facility of domestic servant  Valuation = Amount paid by the employer – amount recovered from the employee  Valuation of free gas electricity and water Servant Appointed by Taxable value of perquisite Taxable in hands of Employer Actual cost to the employer is taxable as perquisite Specified Employee Employee All employee CASE Taxable value of perquisite Taxable in the hands of Facility is provided from own sources Facility is provided from other agency Facility in the Name of Employee Manufacturing Cost to employer Prices paid to such agency All employees Facility in the Name of Employer Specified Employees
  69. 69. Valuation of facility of Free Education Sandeep Kapoor MIET, Meerut  If the cost of education is below Rs.1000 p.m. per child then;  The perquisite shall not be chargeable to tax. There is no restriction on number of children.  If the school run/prescribed by employer  Valuation = Cost of education in similar institution – amount recovered from employee – Rs.1000 p.m.(if facility is for employee’s children)
  70. 70. Valuation of Medical facility Sec 17(2) Sandeep Kapoor MIET, Meerut  Sometimes it is a general perquisite and sometimes specific perquisite.  If the bills of medical treatment of employee or any member of his family from any doctor are issued in the name of the employee and;  The employer reimburses them or makes their payment, then,  The payment or reimbursement in excess of Rs.15000 is chargeable as general perquisite in hands of all employees whether specific or general.  If these bills are issued in the name of the employer then,  The payment or reimbursement in excess of Rs.15000 is chargeable as specific perquisite.
  71. 71. Valuation of Medical facility Sec 17(2)
  72. 72. Profits in Lieu of Salary U/S-17(3) Sandeep Kapoor MIET, Meerut  These payments are made to an employee in Lieu of salary;  Even if these payments have no connection with the profits of the employer.  It includes following:- 1. Compensation for loss of employment or Modification of the employment terms. 2. Any Payment received by an employee from his employer. 3. Amount received from a provident or other fund. • Exceptions: i. Death-cum-retirement gratuity (exempt portion) ii. Commuted pension (exempt portion) iii. Compensation (exempt portion) iv. Payment from SPF, RPF or PPF v. Payment from approved superannuation fund vi. House rent allowance (exempt portion)
  73. 73. Profits in Lieu of Salary U/S-17(3) Sandeep Kapoor MIET, Meerut Payment Received from a provident fund Provident fund is of four types, viz: a) Statutory Provident Fund (SPF): Statutory provident fund is set up under the provisions of the Provident Funds Act, 1925. Government and Semi-Government organisations, local authorities, railways, Universities and recognised educational institutions maintain Statutory Provident Fund. b) Recognised Provident Fund (RPF): The provident fund scheme is framed under the Employee’s Provident Fund and Miscellaneous Provisions Act, 1952. The PF Act covers any establishment employing 20 or more persons. Further, if an employer creates his own scheme for provident fund then he can do so subject to recognition from the Commissioner of Income tax. c) Unrecognised Provident Fund (URPF) If a provident fund scheme is created by an employer, which is not recognised by the Commissioner of Income tax, then such fund is known as Unrecognised provident fund. d) Public Provident Fund (PPF):
  74. 74. Profits in Lieu of Salary U/S-17(3) Sandeep Kapoor MIET, Meerut  The Central Government has established a fund for the benefit of public to mobilise personal savings.  Any member of the public, whether salaried or self-employed, can contribute to the fund by opening a provident fund account at any branch of the State Bank of India or its subsidiaries or other specified bank.  Even a salaried employee can simultaneously become a member of employee’s provident fund (whether SPF/ RPF / URPF) and public provident fund.  Any amount in multiple of Rs. 5 (subject to minimum of Rs. 500 and maximum of ` 1,50,000 p.a.) may be deposited in this account.  Interest is credited every year but payable only at the time of maturity.  Interest earned on this fund is exempt from tax u/s 10(11). d) Public Provident Fund (PPF):
  75. 75. Profits in Lieu of Salary U/S-17(3) Tax Treatment of Provident Fund Particulars Employee’s Contribution Employer’s Contribution Interest credit to provident Fund Lump sum payment at the time of retirement or termination of service etc Statutory PF (SPF) Eligible for deduction u/s 80C Tax Free Tax Free Tax Free Recognised PF (RPF) Exempted up to 12% of Salary Eligible for deduction u/s 80C Exempted @ 9.5% p.a. (Interest rate), any excess interest will be taxable as salary. Tax free u/s 10(12) i) The employee has served continuously for at least 5 years or ii) He has been removed from services on account of retrenchment, illness or closure of business Unrecognized PF (URPF) Not eligible for deduction u/s 80C Tax Free Tax Free i. Lump sum up to the amount equal to employee’s contribution is exempt. ii. Employer’s contribution & interest thereon is included in Salary income iii. Interest in employee’s contribution is taxable under head income from other sources Public PF (PPF) Eligible for deduction u/s 80C Employer does not contribute Tax Free Exempt from Tax
  76. 76. Deductions from Salaries Sandeep Kapoor MIET, Meerut  The income chargeable under the head ‘salaries’ shall be computed after making the following deductions: - 1. Standard Deduction under section 16 (i): • Rs. 50000 2. Entertainment Allowance: • Deduction is available under section 16 (ii) • It is already explained under the head of valuation of partly taxable allowances.
  77. 77. Deductions from Salaries Sandeep Kapoor MIET, Meerut 3. Professional Tax or Tax on employment: - U/S 16 (iii) • The total amount payable in respect of any person • To the state or to any one municipality, district board, local board or other local authority in the state by way of taxes on profession, trade, & employments • Shall not exceed Rs.2500 p.a. • To avail this deduction it is necessary that the employee has paid the tax. Tax due but not paid shall not be allowed.
  78. 78. Calculation of Taxable salary of Mr. X For Assessment year ….  Salary @ Rs …….. p.m.  Fully Taxable Allowances  D.A., D.P. Pension, Bonus etc.  Partly Taxable Allowances  HRA (Taxable part), Entertainment allowance, Hostel, Tribal, Hill etc.  Perquisites  Rent free House  Payments of obligation made by employer  Perquisites for specified Assesses (If not specified; NIL)  CAR, Servant, Gas, Electricity, Water etc.  Profits in Lieu of Salary  Any compensation due to termination  Payments received from URPF  Gross Salary TOTAL  (Less) Deductions  Standard Deduction u/s 16 (i)  Entertainment Allowance u/s 16 (ii)  Employment Tax u/s 16 (iii)  Taxable Salary BALANCE Particulars Amount Let’s understand all these terms in detail
  79. 79. Thank You Sandeep Kapoor MIET, Meerut

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