2. Meaning:
Fixed monetary payments for a specific
purpose is known as allowance.
Employer provides to employee a fixed
sum of money and also specifies the
purpose for which it has to be used.
3. TYPES OF ALLOWANCES
1.
Fully exempted allowances
These
i.
allowance are not at all taxable.
Foreign allowance given by govt. to
employees posted abroad
ii. House
rent Allowance given to judges of high
court and supreme court
iii.Sumptuary
allowance given to judges of high
court and supreme court.
4. 2. Fully taxable allowances
It
i.
is fully taxable
Dearness allowance
ii. City/capital
/compensatory allowance
iii.Lunch/Tiffin/marriage/family/deputation/wardship/non
practising/project/overtime/medical allowance
iv. Entertainment
allowances: least of the following
statutory limit Rs5000
1/5th of basic salary only
Actual entertainment allowance received during the year.
5. 3. Partially taxable allowances
a) House rent allowance
Allowance paid to meet the cost of
accommodation is known as HRA .
The minimum of the following exempt
Actual HRA received
Excess of rent paid over 10% of salary
50% of salary if the accommodation is in
metropolitan cities and 40% in case of other cities
Taxable HRA= actual HRA received – exempted
amount
6. b)Allowance covered under section 10(14)
Helper allowance :exempted up to actual amount spent on engaging a helper to
perform the official duties.
Uniform allowance : exempted upto the actual amount incurred on acquiring and
maintaining. Excess will be taxable
Academic research allowance: exempted upto actual amount
Conveyance allowance : exempted upto actual amount
Travelling . Transfer or daily allowance : exempted upto actual amount incurred for
purpose of employment.
7. Any special allowance in the nature of composite Hill Compensatory allowance/ high
Altitude Allowance/ Uncongenial climate allowance/ snow bound area / avalanche
allowance :
exemption allowed upto Rs 300 p.m to Rs 7000 p.m
Compensatory field area allowance : exemption upto Rs 2600 p.m
Any special compensatory allowance in the nature of border area allowance/ remote
area allowance/ difficult area allowance/ disturbed area allowance: exemption allowed
upto Rs 200 p.m to Rs 1,300 p.m
Compensatory modified field area allowance : exemption upto Rs 1000 p.m
Counter insurgency allowance/ compensatory field area allowance : expemtion upto Rs
3900 p.m
Highly active field area allowance : exemption upto Rs 4200 p.m
Underground allowance given to coal mine workeRs : exemption allowed upto Rs 800
p.m
Island duty allowance given to armed forces posted in andaman and nicobar and
lakshdweep group of islands :exepmtion upto rx 3200 p.m
8. Transport allowance : exempted upto Rs 800 p.m
Tribal area allowance : exempted upto Rs 200 p.m in stated of
MP, TN, UP, KARNATAKA, TRIPURA, ASSAM, WEST
BENGA;, BIHAR, ORISSA
Any running flight allowance : exempted upto 70% of such allowance or Rs
10,000 p.m whichever is less.
Children education allowance : exempted upto Rs 100 per child for two children
only
Hostel expenditure allowance: exempted upto Rs 300 p.m for per child, max two
children only
Domestic servant allowance : fully taxable
Any special allowance : exempted upto Rs 1,300 p.m
9. MEANING OF SALARY FOR DIFFERENT
PURPOSES
1.
For H.R.A./PF/Gratuity and
leave encashment
Pay +D.P +D.A (which enters)
+commission on turnover
achieved by him
2.
For specified cases
All what he gets in cash less
exemptions ,if any, less
deductions u/s 16,must be
more than Rs.50,000
Only basic salary
3.
4.
For deduction u/s 16(ii)
For gratuity under payment
of Gratuity Act
For rent free house
Pay +D.P +D.A(Which
enters)+any
fee, commission, bonus(except
gratutious bonus)+all fully
taxable allowances + Taxable
portion of other allowances+
Taxable E.A+ Leave
encashment pertaining to
current year.
10. PERQUISITE
Meaning:
It is defined as any casual emolument, free
or profit attached to an office or
position, in additional to salaries or wages.
It is simply known as non- monetary
benefits provided by an employer to an
employee.
11. TYPES OF PERKS
Perks can be divided into three categories:
Perks exempted for all employees.
Perks taxable for all employees.
Perks taxable only for specified employees.
12. 1. EXEMPTED FROMTAX
(FULLY EXEMPTED)
Free medical facilities or reimbursement of medical
expenditure: exempted upto Rs 15000 p.a
Free refreshment supplied
Free meals given at remote area or offshore
Free recreational facilities
Provision for telephone including mobile phones
Free education : should not exceed Rs 1000 per child
Cost of refresher course
Any rent free residential
Good sold by employer to employee
Free ration received by members
Perquisite allowed by govt to employees posted abroad
Rent free house given to officer of parliament
13. Conveyance facilities to judges
Any amount contributed by employee towards pension
Computers, laptops given to employee for office use
Transfer of movable assets
Accident insurance premium
Interest free loan: does not exceed Rs 20,000
14. B. PERKS TAXABLE FOR ALL EMPLOYEES
B1 .Rent Free house
Nature of employment: gov, semi govt or any other
Place where rent free house is provided:
all cities, towns having population exceeding Rs 25,00,00.
all cities and town having population exceeding Rs 10,00,000
but not exceeding Rs 25,00,000
all other cities and towns having population of 10,00,000 or
less than 10,00,000
Meaning of accommodation:
it includes house, farm house, flat, hotel
accommodation, guest house, caravan , mobile home or ship
etc
15. it excludes:
a remote areas, mining site or project execution site
offshore area
Value of rent free accommodation if provided to
supreme court ,high court judges ,union minister, leader
of opposition and official of parliament
1.more than one accommodation:
if a person retain more than accommodation for first
three months value of one such house having lower
value shall be taxable. If such accommodation is
retained for more than three months value of both such
houses shall be taxable.
16. Hotel accommodation :
a.
If hotel accommodation is provided for period not exceeding in
aggregate 15 days in previous year it is fully exempted
b.
If period exceeds 15 days the perks shall be calculated as
follows:
calculated salary for rent free house as given in note
computed salary for number of days he stayed in hotel
calculate 24 % o his salary
Compare actual bill payable by employer to the
hotel, whichever is less.
NOTE: if accommodation in hotel is more than 15
days, perquisite is not taxable for first 15 days and taxable for
remaining days
(IV)
Nature of accommodation: owned by employer/ hired or
leased by employer
17. (V)
Meaning of salary:
Basic pay or wages
Dearness pay
Commission
Bonus
Fees
Value of all taxable allowances
Any other monetary business
Leave encashment of salary
18. B II – IN CASE ACCOMMODATION IS PROVIDED AS
concessional accommodation
Means employer has given a house to his employee for which
he is charging a part of rent .
First calculate the value of house as if accommodation provided
is totally free.
Deduct any amount charged by employer
Balance amount is treated as concessional accommodation
value of rent
*****
less: rent paid by employee or charged by employer
*****
-------------value of concessional accommodation
*******
--------------B III OBLIGATION OF EMPLOYEE MET BY EMPLOYER
(a) Gas and electricity bill : actual expenses are taxable
(b) Education of children bills : actual expenses are taxable
(c) Income tax, professional tax: actual expenses are taxable
19. (d) Salary of domestic servants: actual amount is taxable
B IV sum payable by the employer directly or through a fund to
effect an assurance/ an annuity:
(a) The sum so payable may be either directly or through a fund
(b) If the sum is payable through a recognized provident fund or an
approved superannuation fund, it shall not be treated as taxable per
for employee.
B V any specified security or sweat equity shares allotted or
transferred to employee
Value of any shares etc allotted or transferred by the employer to the
employee either free of cost or at concessional rate shall be treated
as perk to employee.
Value of perk = (FMV of specified security or sweat equity shares on the
date on which option is exercised by employee) --- (amount charged
or recovered from employee)
20. B V1 contribution to an approved superannuation fund by the employer :
taxable as perk to employee to the extent it exceeds Rs 1,00,000.
B VII value of any other prescribed fringe benefits or amenities:
prescribed under section 17 (2)(viii)
BVII Interest free or concessional loan from employer :
Interest is to be calculated at rate charged by the state bank of India
Interest is to be calculated for each month previous year
Interest paid by employee if any is to be deducted out of total interest
Maximum outstanding balance , any amount of loan has been repaid in any month
same is to be deducted only balance amount due to the employer .
For the assessment year 2013-2014 interest rates charged by state bank of India
as on 1-4-2012 shall be applicable
Perquisite not chargeable:
(a)
Total amount of loan given by employer does not exceed Rs 20,000.
(b)
Where the loan is given for medical treatment of diseases.
21. B VII (ii) valuation of perk in respect of
travelling, touring, accommodation
(a) Where these facilities are provided to all employees:
find out the amount spent, deduct any amount recoverable and balance
is taxable
(b) Where these facilities are no provided to all employees:
find out value at which these facilities are provided by other
agencies, deduct any recovered amount and balance is taxable
B VII(iii) FOOD OR BEVERAGES FACILITY
Value of perk= (amt spent by employer) - ( amt charged recovered by
employer from employee)
Exemptions:
Free food or non-alcoholic beverages provided by employer during
working hours provided in a remote area or an off shore installation.
Tea and snacks provided during working hours
Food or non alcoholic beverages provided by employer during
working hours at office or business premises or through paid vouchers
which are non transferable and usable only at eating joints, shall be
exempted upto Rs 50 per meal.
22. B VII (iv) VALUATION OF PERQUISITE IN RESPECT OF GIFT VOUCHER OR TOKEN
Gift from an employer of an aggregate amount of Rs 5000 in the previous year shall be
exempted, if excess its payable.
Gift received in cash or convertible to cash is fully taxable
Cash gift may be less than Rs 5000 or more its fully taxable
If an employee gets a gift of Rs 20,000 in kind only 5000 shall be chargeable to tax
BVIII (v) VALUATION PERQUISITE IN RESPECT OF CREDIT CARD:
Taxable value is the amount spent by the employer. expenses include membership fee
and annual fee.
Expenditure incurred by employer
Less expense on its official purpose
Less any amount received or recovered from the employee
B VII (vi) VALUATION OF PERQUISITE IN RESPECT OF CLUB FACILITIES:
Amount shall be equal to amount spent or reimbursed by employer.
Expenses include: annual or periodical fees paid or payable to club
In case of health club, sports facilities have been provided to all employees at employer’s
premises, then such benefit shall be exempt
23. B VII (vii) USE OF MOVABLE ASSETS:
movable asset owned by the employer except
computers and laptop –actual benefit is derived is
taxable
movable asset does not include:
(10 % of cost of asset X number of days asset
is used/ number of days of the financial year)
valuation of perk is determined as:
(a) If asset is owned by employer- 10 % of the
original cost of such asset
(b) If the asset is hired by employer- charges paid or
payable by the employer.
24. B VII (VII)TRANSFER OF MOVABLE ASSETS
Where any assets owned by the employer is transferred
to the employee then it will be regarded as perquisites.
Perquisites value is as follows:
Nature of asset
Computers and other
Electronic equipments.
Motor car
Other assets
perquisite value
original cost of the asset –depreciation
at 50%for every completed year from
the date of purchase.(WDV)
original cost of the asset- depreciation
at 20% for every completed year
from the date of purchase.(WDV)
original cost of asset-depreciation
at 10% for every completed year
from the date of purchase.(SLM)
25. C. TAXABLE IN SPECIFIED CASES (SEC 17(2)(III)
Meaning of specified employee:
He is director of company
He has substantial interest in affairs of the company
His monetary annual salary income is more than Rs 50,000 p.a
C1 –VALUATION OF PERQUISITE OF MOTOR CAR OR ANY
OTHER AUTOMATIVE CONVEYANCE:
Employer had provided vehicle for private use of employee, it is a
perquisite which is taxable in the hands of the employee provided
they are in specified category:
(A) Motor car is owned or hired by employer and its running
expenses are meant or reimbursed by employer
(1) Car is fully used in the performance of official duties: value of
per is NILL.
26. (2) Car is fully used for the private, personal, or family purposes of the
employee:
Value of perk= actual expenses
salary of normal wear & any amount charge
incurred on running + chauffeur +tear of car (10% - by employer from
&maintenance
of actual cost) employee
(3) Car is used in the performance of duties and partly for private or personal
purposes:
He expenses on maintenance and running are meant or reimbursed by the
employer:
(a) where the cubic capacity of engine does not exceed 1.6 liters
Rs
1800p.m
(b) where the cubic capacity of engine exceed 1.6 liters
Rs
2400p.m
The expenses on running and maintenance for private or personal use are
fully met by employee himself:
(a) where cubic capacity of engine does not exceed 1.6 ltr
Rs 600 p.m
(b) where cubic capacity of engine exceed 1.6 ltr
Rs 900 p.m
Facility of chauffeur: if it is provide Rs 900p.m shall be added in the above
mentioned amounts in (1 and 2) above
27. (B) Car is owned by employee but its running and maintenance
expenses are met or reimbursed by the employer:
(i)
Car is being used wholly and exclusively for official purposes- No value
taxed
(ii)
Car is being used partly for official purposes and partly for personal or
private purposes :
value calculated as:
actual amount of expenses
Less: Rs 1800 pm for small car & Rs2400 for big car
Rs 900 pm for driver or a higher sum for official purposes subject
to certain condition
( c ) where the employee owns any other automotive conveyance but
the actual running or maintenance expensive are met or
reimbursed by the employer:
(1)
employee’s conveyance is being used only for official purposes: no
value to be taxed
(2)
Employee’s conveyance used partly for official purpose and partly for
personal or private purpose - actual amt of expenses as reduced by
Rs900 p.m
28. C II PERQUISITE OF FREE DOMESTIC SERVANTS
Actual cost of the employer
Value of perk= (amount charged/recovered by employer from
employee) – (amount spent by employer)
CIII PERQUISITE IN RESPECT OF FREE SUPPLY OF GAS .
ELECTRIC ENERGY , WATER SUPPLY :
The taxable value of this perk shall be equal to the amount paid by
employer to the outside agency.
where the employer owns these services and provides free to its
employees the taxable value shall be the actual cost of these
services.
in case employee pays some part of the cost to employer or recover
cost, amount so paid by employee shall be deducted and only
balance is taxable .
29. C IV – FREE EDUCATIONAL FACILIIES TO CHILDREN OF
EMPLOYEE’S HOUSEHOLD
(1) payment or reimbursed of fees of school, college, etc: if the amount is
directly paid by employer to school, colleges etc and reimbursed by
employee is taxable, whether the employee is a specified or non specified
type.
(2) educational facilities in a school or college maintained by employer:
(a) free educational facilities to employee’s own children:
•
if the cost does not exceed Rs 1000 p.m the taxable value is nil
•
The cost exceeds Rs 1000 p.m , the taxable value of perk shall be the
employer (-) 1000 (-) any amt paid or received from employee.
(3) the value of perk is taxable only to secified catgory of employee.
C-V FACILITY OF FREE OR CONCESSIONAL PRIVATE JOURNEY TO
AN EMPLOYER ENGAGED IN THE CARRIAGE OF PASSENGERS OR
GOODS:
Value of perk = (normal freight or fare chargeable from public)- (amount
charged / recovered from employee)
30. C V1 MEDICAL FACILITIES:
taxable only in case of specified employee.
if medical bills are in name of employee and payment is made
/reimbursed by employer then it is a perk taxable in case of all
employees
31. PAYMENT EXEMPTED U/S 10
1.Leave travel concession/Assistance[section 10(5)]
1.If journey is performed by air
(i)
Economy class air fare of the national carrier by the shortest
route
(ii) Actual amount spent by the employee on journey by air travel
2. If journey is performed by rail
(i)
Air-conditioned first class rail fare by the shortest route
(ii) Actual amount spent by the employee on journey by rail
3. I f place of origin of journey and place of destination is
connected by rail.
(i)
Air conditioned first class rail fare by the shortest route
(ii)
Actual amount spent by the employee on that journey
32. 4. If place origin of journey and place of destination is not connected
by rail
(a) If a recognised public transport system is operating
(i)
First class or delux class fare by the shortest route
(ii)
Actual amount spent by the employee on that journey
(b) If a recognised public transport does not exist
(i)
Air conditioned first class rail fare by the shortest route
(ii)
Actual amount spent by the employee on this journey
Other points
(a) Block of 4 years
(b)
carry over clause
(c) Rail/Air/Bus fare only
(d)
Exemption only regarding actual expenditure
(e) Family
(f) Not more than 2 children
33. 2. Perquisites and allowance paid by government to its
employees posted outside India ( sec 10(7)
Fully exempt from tax
Motor car provided or house rent allowance is exempted.
3. DEATH- CUM- RETIREMENT GRTUITY:
I.
In this case, gratuity is received by employee on leaving
job either due to voluntary retirement or due to statutory
retirement on reaching the superannuation age. Gratuity
so received is taxable after claiming the exemption under
sec 10(10)
II.
Gratuity can also be received by legal heirs of an exemployee in the event of death of such person. it is
taxable in the hands of legal heirs under head ‘income
from other source’
34. (a) Government employee. Any death-cum-retirement gratuity
received by government employee is ‘fully exempt’
meaning of govt employee : include
employees of central government
employees of state government
employees of local authority
employees working in defence
employees of statutory corporations
(b) Non – government employees
B1 non government employees receiving gratuity under
payment of gratuity act, 1972
Any gratuity received by such an employee shall be exempt to
the extent of the least of following 3 amounts:
35. (a)
(b)
(c)
15 days salary (7 Days in case of employees working in
seasonal factories) for such completed year of service or
part therefore in excess of six months on the basis of
monthly salary last drawn.
Notified limit Rs 10,00,000 (Rs 350000 upto 24-5-2010)
Gratuity actually received by the employee and balance
shall be taxable.
Taxable gratuity = gratuity received by the employee
36. IMPORTANT POINTS:
Employees covered under payment of gratuity
act, 1972: applies to the employees or workers covered
under this act.
Calculation of length of service/ service period: period
exceeding 6 moths is taken as a full year.
How to calculate 15 days salary:
(a) in case of monthly rated employees:
15 days salary= monthly salary last drawn * 15 days
------------------------------------26 days
(b) in case of piece rated employees:
on the basis of avg of the total wages/salary of a period of 3
months immediately preceding his retirement wages for
overtime period are to be ignored
37.
Meaning of salary:
salary= basic salary+ DA (whether enters or not)
Whole life exemption:
Rs 10,00,000 is the exemption limit for an employee:
(a) if employee receives gratuity for the 1st time in his life: limit
of Rs 10,00,000 shall be applicable.
(b) if employee receive gratuity for the second/ third or
subsequent times:
maximum limit 10,00,000 (less) exemption claimed in past.
Gratuity received during service: fully taxable
Reciept of gratuity simultaneously from two or more
employers : maximum limt of exemption Rs 10,00,000
Gratuity exemption only in case of employer- employee
realtionship ‘or’ employer decreased employee
relationship: exemption available for following cases:
38. (a)
(b)
If gratuity received on leaving the job
By the legal heirs of an employee after the death of
such employee
Relief u/s 89(1) : employee receiving gratuity after
completing service for 5 years
39. B – 2 NON-GOVERNMENT EMPLOYEES RECEIVING
GRATUITY ( Not covered under payment of gratuity
Act).
Least of the following 3 shall be exempt:
½ month salary for every completed year of service on
the basis of average salary drawn during 10 months
immediately preceding the month of retirement.
Maximum notified limit Rs. 10,00,000.
Gratuity actually received by the employee and balance
shall be taxable.
Taxable gratuity = Actual gratuity received – Exempt
40.
Important notes:
Employees not covered under POGA, 1972: Employees working in any shop
or establishment in which less than 10 persons are employed or were employed
on any day of the preceding 12 months.
Calculation of length of service/ service period: While calculating length of
service, only completed years are to be counted. Thus, any fraction or part of
the year is to be igorned.
How to calculate ½ month’s salary? ½ month’s salary is to be calculated on
the basis of average salary drawn during the 10 months immediately preceeding
the month of retirement.
Meaning of salary: The word “salary” here has the same meaning as is
assigned to it for provident fund purposes.
Thus, Salary = Basic salary + D.A (Enters) + Commission on turnover
Whole life limit: Same as discussed in case of employees covered under
Payment of Gratuity Act, 1972.
Relief U/S 89 (1): Same as discussed in case of employees covered under
Payment of Gratuity Act, 1972.