Permissible Deductions from Salary Income •••••••••••••••••••••• (b) If the professional tax is paid by the employer on behalf of an employee, it is first included in the salary of the employee as a ‘perquisite’ (since it is an obligation of the employee discharged by the employer, it is taxable whether the employee is a specified employee or not) and then the same amount is allowed as deduction on account of ‘Professional Tax’ from gross salary. Notes : (a) Professional tax or tax on employment, levied by a State under article 276 of the Constitution, is allowed as deduction onlyin the year in which Professional Tax is paid. The income chargeable under the head “Salaries” is computed after making the following deductions : (i) Deduction for Entertainment Allowance (if eligible) [Sec. 16(ii)] (ii) Professional Tax [Sec. 16(iii)] 15 INCOME TAX Provisions relating to SALARY CA. Naresh Aggarwal’s ACADEMY of ACCOUNTS Accounts, Costing, Tax, FM • For: CA, CS, CWA, MBA, M.Com & B.Com K-83, West Patel Nagar, New Delhi-8. Ph:9811597535. Website: www.academyofaccounts.org (1) Children Education Allowance (Max. for two Children)* Rs.100 p.m. Fully Taxable Exempt upto Rs.50 per Meal Exempt Exempt : Following Allowances are exempt upto extent specified and balance if remains is taxable (d) In any other case Allowance granted to meet cost of tour or transfer. Conveyance Allowance for performance of duties. Allowance granted to engage Helper. Allowance granted for Uniform of office. Allowance granted to meet ordinary daily charges incurred on account of absence from his normal place of duty. (6) Allowance granted for encouraging the academic research and other professional pursuits. : (1) (2) (3) (4) (5) (c) Free Food or Non-Alcohlic Beverages provided during working hours at office / business premises or through paid vouchers Following Allowances are exempt upto extent they are utilized balance if remains is taxable : Exempt: Nil Taxable: Actual Amount Received (b) Free Food or Non-Alcohlic Beverages provided during working hours in a remote area or offshore installation For Non Government Employees : : (a) Rs. 5000 (b) 20% of Salary2 (c) Actual Amount Received Exempt : Whichever is Least (a,b,c) Taxable : Amount Received - Exempt 2 Meaning of Salary: Basic Pay only (a) Tea and snacks provided during working hours For Government Employees : Free Food or Non-Alcohlic Beverages Entertainment Allowance If Medical Facilities are provided outside India (a) 50% (Metro Cities) or 40% (Other cities) of salary1 (b) Rent Paid - 10% of Salary1 (c) Actual Amount Received Exempt : Whichever is Least (a,b,c) Taxable : Amount Received - Exempt 1 Meaning of Salary : Basic Pay + D.A.(Forming) + Commission (only if % of sales) : : : House Rent Allowance Medical Expenses incurred on the treatment Cost of stay abroad Cost of travel of the patient and one attendant (assessee or any other family member) Allowances Notes : (a) If bills are issued in the name of the employer then it is fully exempt to ‘Non-Specified Employees’ (limit of Rs.15,000 is not applicable for them) (b) Medical facilities may be provided to the assessee or his family members, which includes : (i) Spouse and Children (dependent on assessee or not) (ii) Parents, brothers, sisters (only if wholly or mainly dependent on the assessee) 14 Exempt upto extent permitted by RBI Exempt upto extent permitted by RBI Exempt if the Gross Total Income (before adding this expenditure) of the assessee doses not exceeds Rs.2,00,000. 1 Medical facility is provided in an hospital maintained by employer Medical facility is provided in an hospitalmaintained by Govt./Approved by Govt. Medical facility is provided in an hospitalApproved by Chief Commissioner Medical facility is provided in a private hospital/nursing home/clinic Personal health insurance policy or group medical insurance premium If Medical Facilities are provided in India Medical Facilities : : : : : Exempt Exempt Exempt Exempt upto Rs.15,000 Exempt (b) It may be provided to the assessee or his family members, which includes : (i) Spouse and Children (dependent on assessee or not) (ii) Parents, brothers, sisters (only if wholly or mainly dependent on the assessee) (c) The exemption is not available for more than two surviving children of the assessee. However his restriction is not applicable in respect to children born before 01.10.1998 and multiple birth after the date. (d) Aforesaid exemption is available in respect of two journeys performed in a block of four calendar years. The different blocks are : (i) 1998-2001 (i.e. 01.01.1998 to 31.12.2001) (ii) 2002-2005 (i.e. 01.01.2002 to 31.12.2005) (iii) 2006-2009 (i.e. 01.01.2006 to 31.12.2009) (iv) 2010-20013 (i.e. 01.01.2010 to 31.12.2013) (e) If an assessee has not availed travel concession or assistance during the specified four year block periods on one of the two permitted occasions (or on both occasions), exemption can be claimed in the first calendar year of the next block (but in respect of one journey only). In such case, the exemption so availed will not be counted for the purposes of claiming the future exemptions allowable in respect of two journeys in the subsequent block. 13 2 (2) Children Hostel Allowance (Max. for two Children)* Rs.300 p.m. (3) Transport Allowance Rs.800 p.m. (4) Transport Allowance (For Blind & Handicapped) * { Rs.1,600 p.m. (5) Transport Allowance to those who works in transport industry 70% of such Allowance (Max. upto Rs.6,000 p.m.) (6) Tribal Area Allowance Rs.200 p.m. (7) Underground Allowance Rs.800 p.m. The exemption is not available for more than two surviving children of the assessee. However his restriction is not applicable in respect to children born before 01.10.1998 and multiple birth after the date. After Retirement Benefits Leave Salary If received during service : All Employee (Government / Non Government) : Exempt : Nil Taxable : Fully Taxable If received after Retirement : For Central or State Govt. Employees : Exempt : Fully Exempt Taxable : Nil For Other Employees : (a) Rs.3,00,000 (b) 10 x Average Salary* (c) [Actual Leave available p.a. or 30 (whichever is less)] x [completed years of service] x Avg. Salary* -[Leave taken during service period] 30 } (d) Actual Amount Received Exempt : Whichever is Least (a,b,c,d) Taxable : Amount Received - Exempt 1 *Average Salary : Average of 10 Months Salary drawn immediately proceeding the date of retirement 1 Meaning of Salary : Basic Pay + D.A.(Forming) + Commission (only if % of sales) (a) Rs.10,00,000 (Prior to 24.05.2010 it was Rs.3,50,000) 3 (b) 15 x Last Month’s Salary x No. of completed year of service or part exceeding 6 months thereof 26 (c) Actual Amount Received Exempt : Whichever is Least (a,b,c) Taxable : Amount Received - Exempt 3 Meaning of Salary : Basic Pay + D.A.(Both Type) For employees NOT covered under payment of ‘Gratuity Act 1972’ : (a) Rs.10,00,000 (Prior to 24.05.2010 it was Rs.3,50,000) (b) 15 x Average Salary** x No. of completed year of service 30 (c) Actual Amount Received Exempt : Whichever is Least (a,b,c) Taxable : Amount Received - Exempt 1 **Average Salary : Avg. of 10 Months Salary drawn immediately proceeding the month of retirement 1 Meaning of Salary : Basic Pay + D.A.(Forming) + Commission (only if % of sales) Pension Uncommuted (Monthly) All Employee (Government / Non Government) : Exempt : Nil Taxable : Fully Taxable Commuted (Lumpsum) For Employees of Central Govt, State Govt. or Statutory Corporation : Exempt : Fully Exempt Taxable : Nil For Other Employees : Exempt : Upto ‘One Half’ of the ‘Total Commuted Value’ which he/she is normally entitled to received But if he/she also receives Gratuity then ‘One Third’ of such Pension Taxable : Amount Received - Exempt Valuation of Leave Travel Concession in India Gratuity For Government Employees : Exempt : Fully Exempt Taxable : Nil For Non Government Employees : For employees covered under payment of ‘Gratuity Act 1972’ : : (a) Amount of air-conditioned first class rail fare by the shortest route, or (b) Amount spent. Whichever is less is exempt [(a) or (b)] : (a) Amount of air-conditioned first class rail fare by the shortest route, or (b) Amount spent. Whichever is less is exempt [(a) or (b)] : (a) First class or deluxe class fare by the shortest route, or (b) Amount spent. Whichever is less is exempt [(a) or (b)] : (a) Amount of air-conditioned first class rail fare by the shortest route, or (as if the journey had been performed by rail) (b) Amount spent Whichever is less is exempt [(a) or (b)] When journey is performed by rail Where the places of origin of journey and destination are connected by rail and journey is performed by any other mode Where the places of origin of journey and destination are not connected by rail but a recognised public transport system exists Where the places of origin of journey and destination are neither connected by rail nor a recognised public transport system exists Notes : (a) Journey may be performed while in service or after retirement. : (a) Amount of economy class air fare of the National carrier by the shortest route, or (b) Amount spent Whichever is less is exempt [(a) or (b)] Amount of exemption When journey is performed by air Different situations Value of leave travel concession and passage money received by employee is exempt as per the following provisions : 3 12 11 4 SPF Exempt RPF Exempt upto 1 12% of Salary UPF Exempt PPF N.A. Employee’s Contribution Eligible for Deduction 80C Eligible for Deduction 80C Not Eligible for Deduction Eligible for Deduction 80C Interest Credited to PF Exempt Exempt upto 9.5% rate of Interest Exempt Exempt Lump sum payment at the time of retirement Exempt Exempt See ‘Note 1’ Exempt Employer’s Contribution Notes : (a) If any amount is charged by the employer from the salary of the employee is deductible from the above mentioned taxable values. (b) Computer / Laptops are fully exempt Actual Hire/Rent Charges is taxable 10% of the original Cost is taxable Asset is taken on Hire/Rent by employer Asset is owned by employer Use of Movable Assets Medical Loan : Exempt (if provided for diseases specified in rule 3A) Housing Loan : 8.5% to 9.25% is taxable Car Loan : 8% to 9.25% is taxable Two wheeler Loan : 11% is taxable Education Loan : 10.5% & 11.5% is taxable Personal Loan : 12.75% is taxable Notes : (a) If any amount is charged by the employer from the salary of the employee is deductible from the above mentioned taxable values. (b) Where the amount of original loan does not exceed in the aggregate of Rs.20,000 then nothing is taxable. (c) Interest will be calculated on the maximum outstanding balance on last day of each month. Interest Free Loan or Loan at Concessional Rate Employee’s Provident Fund Note1 : (i) (ii) (iii) (iv) Employee’s Contribution is Exempt Employer’s Contribution is taxable in Salary Interest on Employer’s Contribution is taxable in salary Interest on Employee’s Contribution is taxable in Other Sources 1 Meaning of Salary : Basic Pay + D.A.(Forming) + Commission (only if % of sales) Retrenchment Compensation (a) Rs.5,00,000 (b) An amount calculated in accordance with the provions of Sec. 25F(b) of Industrial Dispute Act. (i.e. 15 Days Average Pay for every completed year of service or part thereof in excess of 6 months ) (c) Actual Amount Received Exempt : Whichever is Least (a,b,c) Taxable : Amount Received - Exempt Compensation Received on Voluntary Retirement (a) Rs.5,00,000 (b) Actual Amount Received Exempt : Whichever is Least (a,b) Taxable : Amount Received - Exempt Note: The guidelines have been laid down in rule 2BA. The scheme of voluntary retirement should be in accordance with the guidelines. Accommodation is taken on lease/Rent by employer Other Employees : Depreciation (10% of the original cost of car) / Hire Charges (if car is hired) + chauffeur salary, is provided --- Amount recovered from the employee, is Taxable Private purpose : Actual Expenses of employer --- Amount recovered from Employee, is Taxable Private purpose Car with cubic capicity of engine upto 1.6 liters or 1600 cc Car with cubic capicity of engine above 1.6 liters or 1600 cc Notes : (a) Where more than one car is being provided for use for employee or member of his family then only one car will be valued as partly used for official purpose and partly for private purpose and all other cars will be valued as fully used for private purpose. (b) Car facility between office to residence and back is not chargeable to tax at all. 2 1 Private and Official purpose : Actual expenditure of employer --- Rs.900 p.m., is Taxable : Not a perquisite (Not Taxable) Official Purpose Other Vehicles owned by the Employee and expenses are reimbursed by the Employer Private and Official purpose : Rs.600 p.m.1 / Rs.900 p.m.2 + Rs.900 p.m. (If chauffeur is provided), is Taxable Note : Nothing is deductible in respect of any amount recovered from employee. : Not a perquisite (Not Taxable) Car is owned/ hired by the Employer and Expenses are met by the Employee Basic Salary + D.A.(forming) + Commission (any type) + Bonus + Fees + All Taxable Allowances + Any Other Monetary Payment (not being a perquisite) Official Purpose *Salary => Population of the city exceeds 25,00,000 => 15% of Salary* is taxable (a) 15% of Salary* Population of the city does not exceeds (b) Actual Rent / Hire charges paid by employer 25,00,000 but exceeds 10,00,000 => 10% of Salary* is taxable whichever is less is taxable [(a) or (b)] Population of the city is bellow 10,00,000 => 7.5% of Salary* is taxable Notes : (a) If accommodation is provided in a hotel then 24% of Salary* or Actual Charges paid by employer (whichever is less) is taxable. Aggregate of 15 days of hotel accommodation is exempt, when it is in connection with the transfer. (b) If any amount is charged by the employer from the salary of the employee for providing accommodation is deductible from the above mentioned taxable values in all situations. Accommodation is owned by employer Taxable value is as determined by the Govt Central & State Govt. Employees Accommodation Perquisites 5 10 : Not a perquisite (Not Taxable) Private purpose : Actual Expenses of employer --- Amount recovered from Employee, is Taxable Private purpose : Actual Expenses by employer + Depreciation (10% of the original cost of car) / Hire Charges (if car is hired) --- Amount recovered from the employee, is Taxable Private purpose Actual Hire/Rent Charges is taxable 10% of the original Cost is taxable Notes: (a) If any amount is charged by the employer from the salary of the employee for providing domestic servant is deductible from the above mentioned taxable values. Any amount spent/reimbursed by the employer is fully taxable to the employee Domestic Servants Notes : (a) If any amount is charged by the employer from the salary of the employee for providing furniture is deductible from the above mentioned taxable values. (b) If furniture is provided with the accommodation then taxable value of the furniture will be added with the taxable value of the accommodation and then deduction for amount charged by employer will be deducted. Now accommodation will be termed as ‘Furnished Accommodation’. Furniture is taken on Hire/Rent by employer Furniture is owned by employer Furniture Private and Official purpose : Rs.1,800 p.m.1 / Rs.2,400 p.m.2 + Rs.900 p.m. (If chauffeur is provided) is Taxable Note : Nothing is deductible in respect of any amount recovered from employee. : Not a perquisite (Not Taxable) Official Purpose Car is owned/ hired by the Employer and Expenses are met by the Employer Private and Official purpose : Actual expenditure of employer --- Rs.1,800 p.m.1 / Rs.2,400 p.m.2 --- Rs.900 p.m. (If chauffeur is provided) --Amount recovered from the employee (if any), is Taxable : Not a perquisite (Not Taxable) Official Purpose Car owned by the Employee and expenses are reimbursed by the Employer Private and Official purpose : Not a perquisite (Not Taxable) : Not a perquisite (Not Taxable) Official Purpose Car owned by the Employee and Expenses are met by him Cars and Other Vehicles 9 6 Manufacturing cost is Taxable Supplied by employer from own sources : : Motor Car Any other assets Amount paid by employer in respect of any obligation which otherwise would have been payable by the employee is fully taxable in all cases. Employees Obligation met by Employer Notes : (a)* There is no restriction on number of children. (b) If any amount is charged by the employer from the salary of the employee is deductible from the above mentioned taxable values. (c) School fees directly paid by employer is taxable to all employees, but if bills are issued in the names of the employer and paid by employer then it is not taxable to ‘Non-Specified Employees’. (d) Amount spent on training and education of the employee is not taxable. Reimbursement of expenditure / expenses incurred by the employeris taxable Education is provided in other institutes Education is provided to the other relatives of the employee Cost of education / Value of benefit is taxable : Exempt : Cost of education - Rs.1,000 p.m. per child* Education institute is owned/maintained by employer Education Original cost -- 10% Depreciation for each completed year (straight line method) -- Amount charged to employee Original cost -- 20% Depreciation for each completed year (reducing balance method) -- Amount charged to employee Original cost -- 50% Depreciation for each completed year (reducing balance method) -- Amount charged to employee Education is provided to the children of the employee Cost of education / Value of benefit does not exceed Rs.1,000 p.m. Cost of education / Value of benefit exceeds Rs.1,000 p.m. : Computer related electronic items Sale of Movable Assets Notes : (a) If any amount is charged by the employer from the salary of the employee for providing ‘Gas, Electricity and Water Supply’ is deductible from the above mentioned taxable values. (b) If bills are issued in the names of the employer and paid by employer then it is not taxable to ‘Non-Specified Employees’. Actual amount Paid/Payable to the agency is Taxable Purchased by employer from outside agency Gas, Electricity or Water Supply 7 8
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