Wednesday 5 July 2017

Exemptions and Deductions from Salary Income


A.Allowances

No.SectionParticularsTaxability/Exemption
110(13A)read with Rule 2AHouse rent allowanceLeast of the following is exempt:
a) Actual HRA Received
b) 40% of Salary (50%, if house situated in Mumbai, Calcutta, Delhi or Chennai)
c) Rent paid minus 10% of salary
* Salary = Basic + DA (if part of retirement benefit) + Turnover based Commission
Note:
i. Fully taxable, if HRA is received by an employee who is living in his own house or if he does not pay any rent.i.e.house is self occupied.
ii. It is mandatory for employee to report PAN of the landlord to the employer if rent paid is more than Rs. 1,00,000 [Circular No. 08 /2013 dated 10-10-2013].
210(14)Children education allowanceUp to Rs. 100 per month per child up to a maximum of 2 children is exempt
310(14)Hostel expenditure allowanceUp to Rs. 300 per month per child up to a maximum of 2 children is exempt
410(14)Transport allowance granted to an employee to meet expenditure on commuting between place of residence and place of dutyUp to Rs. 1600 per month (Rs. 3200 per month for blind and handicapped employees) is exempt
5Sec. 10(14)Allowance granted to an employee working in any transport business to meet his personal expenditure during his duty performed in the course of running of such transport from one place to another place provided employee is not in receipt of daily allowance.Amount of exemption shall be lower of following:
a) 70% of such allowance; or
b) Rs. 10,000 per month.
610(14)Conveyance allowance granted to meet the expenditure on conveyance in performance of duties of an officeExempt to the extent of expenditure incurred for official purposes
710(14)Travelling allowance to meet the cost of travel on tour or on transferExempt to the extent of expenditure incurred for official purposes
810(14)Daily allowance to meet the ordinary daily charges incurred by an employee on account of absence from his normal place of dutyExempt to the extent of expenditure incurred for official purposes
910(14)Helper/Assistant allowanceExempt to the extent of expenditure incurred for official purposes
1010(14)Research allowance granted for encouraging the academic research and other professional pursuitsExempt to the extent of expenditure incurred for official purposes
1110(14)Uniform allowanceExempt to the extent of expenditure incurred for official purposes
1210(7)Any allowance or perquisite paid or allowed by Government to its employees (an Indian citizen) posted outside IndiaFully Exempt
13-Allowances to Judges of High Court/Supreme Court (Subject to certain conditions)Fully Exempt.
1410(45)Following allowances and perquisites given to serving Chairman/Member of UPSC is exempt from tax:
a) Value of rent free official residence
b) Value of conveyance facilities including transport allowance
c) Sumptuary allowance
d) Leave travel concession
Fully Exempt
15-Allowances paid by the UNO to its employeesFully Exempt
1610(45)Allowances to Retired Chairman/Members of UPSC (Subject to certain conditions)Exempt subject to maximum of Rs. 14,000 per month for defraying the services of an orderly and for meeting expenses incurred towards secretarial assistant on contract basis.
17Sec. 10(14)read with Rule 2BBSpecial compensatory Allowance (Hilly Areas) (Subject to certain conditions and locations)Amount exempt from tax varies from Rs. 300 to Rs. 7,000 per month.
18Sec. 10(14)read with Rule 2BBBorder area, Remote Locality or Disturbed Area or Difficult Area Allowance (Subject to certain conditions and locations)Amount exempt from tax varies from Rs. 200 to Rs. 1,300 per month.
19Sec. 10(14)read with Rule 2BBTribal area allowance in (a) Madhya Pradesh (b) Tamil Nadu (c) Uttar Pradesh (d) Karnataka (e) Tripura (f) Assam (g) West Bengal (h) Bihar (i) OrissaUp to Rs. 200 per month is exempt
20Sec. 10(14)read with Rule 2BBCompensatory Field Area Allowance. If this exemption is taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations)Up to Rs. 2,600 per month is exempt
21Sec. 10(14)read with Rule 2BBCompensatory Modified Area Allowance. If this exemption is taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations)Up to Rs. 1,000 per month is exempt
22Sec. 10(14)read with Rule 2BBCounter Insurgency Allowance granted to members of Armed Forces operating in areas away from their permanent locations. If this exemption is taken, employee cannot claim any exemption in respect of border area allowance (Subject to certain conditions and locations)Up to Rs. 3,900 per month is exempt
23Sec. 10(14)read with Rule 2BBUnderground Allowance to employees working in uncongenial, unnatural climate in underground minesUp to Rs. 800 per month is exempt
24Sec. 10(14)read with Rule 2BBHigh Altitude Allowance granted to armed forces operating in high altitude areas (Subject to certain conditions and locations)a) Up to Rs. 1,060 per month (for altitude of 9,000 to 15,000 feet) is exempt
b) Up to Rs. 1,600 per month (for altitude above 15,000 feet) is exempt
25Sec. 10(14)read with Rule 2BBHighly active field area allowance granted to members of armed forces (Subject to certain conditions and locations)Up to Rs. 4,200 per month is exempt
26Sec. 10(14)read with Rule 2BBIsland Duty Allowance granted to members of armed forces in Andaman and Nicobar and Lakshadweep group of Island (Subject to certain conditions and locations)Up to Rs. 3,250 per month is exempt
2710(14)City Compensatory AllowanceFully Taxable
2810(14)Fixed Medical AllowanceFully Taxable
2910(14)Tiffin, Lunch, Dinner or Refreshment AllowanceFully Taxable
3010(14)Servant AllowanceFully Taxable
3110(14)Project AllowanceFully Taxable
3210(14)Overtime AllowanceFully Taxable
3310(14)Telephone AllowanceFully Taxable
3410(14)Holiday AllowanceFully Taxable
3510(14)Any Other Cash AllowanceFully Taxable




B.Perquisites

No.SectionParticularsTaxability/Exemption
3617(2)(i)
read with
Rule 3(1)
Rent free unfurnished accommodation provided to Central and State Government employeesLicense fees determined in accordance with rules framed by Government for allotment of houses shall be deemed to be the taxable value of perquisites.
3717(2)(i)/(ii)
read with
Rule 3(1)
Unfurnished rent free accommodation provided to other employeesTaxable value of perquisites
i. If house property is owned by the employer, the taxable value of perquisite shall be:
A. 15% of salary, if population of city where accommodation is provided exceeds 25 lakhs
B. 10% of salary, if population of city where accommodation is provided exceeds 10 lakhs but does not exceed 25 lakhs
C. 7.5% of salary, if accommodation is provided in any other city
ii. If house property is taken on lease or rent by the employer, the taxable value of perquisite shall be:
i. Lease rent paid or payable by the employer or 15% of the salary, whichever is lower
*Salary includes:
a) Basic Pay
b) Dearness Allowance (only to the extent it forms part of retirement benefit salary)
c) Bonus
d) Commission
e) All other allowances (only taxable portion)
f) Any monetary payment which is chargeable to tax
But does not include
i. Value of any perquisite
ii. Employer’s contribution to PF
iii. Benefits received at the time of retirement like gratuity, pension etc.
Note:
1) Rent free accommodation is not chargeable to tax if provided in remote area.
2) Rent free accommodation provided to High Court or Supreme Court Judges, Union Ministers, Leader of Opposition in Parliament, an official in Parliament and Serving Chairman and members of UPSC is tax free perquisite.
3) The value so determined shall be reduced by the amount of rent, if any, recovered from the employee.
4) If employee is transferred and retain property at both the places, the taxable value of perquisites for initial period of 90 days shall be determined with reference to only one accommodation (at the option of the assessee). The other one will be tax free. However after 90 days, taxable value of perquisites shall be charged with reference to both the accommodations.
3817(2)(i)
read with
Rule 3(1)
Rent free furnished accommodationTaxable value of perquisites shall be computed in following manner:
a) Taxable value of perquisite assuming accommodation to be provided to the employee is unfurnished
b) Add: 10% of original cost of furniture and fixtures (if these are owned by the employer) or actual higher charges paid or payable (if these are taken on rent by the employer).
c) Less: The value so determined shall be reduced by the amount of rent, if any, recovered from the employee
3917(2)(i)
read with
Rule 3(1)
Accommodation provided in a hotel
Hotel accommodation will not be chargeable to tax if :
a) It is provided for a total period not exceeding in aggregate 15 days in the financial year; and
b) Such accommodation in hotel is provided on employee’s transfer from one place to another place.
Taxable value of perquisite shall be lower of following:
a) Actual charges paid or payable by the employer to such hotel; or
b) 24% of salary
4017(2)(iii)
read with Rule 3(2)
Motor Car / Other ConveyanceTaxable value of perquisites (See Note 1 below)
4117(2)(iii)
read with Rule 3(3)
Services of a domestic servant including sweeper, gardener, watchmen or personal attendant (taxable only in case of specified employee [See Note 4])Taxable value of perquisite shall be salary paid or payable by the employer for such services less any amount recovered from the employee.
4217(2)(iii)
read with Rule 3(4)
Supply of gas, electricity or water for household purposesTaxable value of perquisites:
➢ Manufacturing cost per unit incurred by the employer., if provided from resources owned by the employer;
➢ Amount paid by the employer, if purchased by the employer from outside agency
Note:
1. Any amount recovered from the employee shall be deducted from the taxable value of perquisite.
2. Taxable in case of specified employees only [See note 4]
4317(2)(iii)
read with Rule 3(5)
Education FacilitiesTaxable value of perquisites (See Note 2 below)
4417(2)(iii)
read with Rule 3(6)
Transport facilities provided by the employer engaged in carriage of passenger or goods (except Airlines or Railways)Value at which services are offered by the employer to the public less amount recovered from the employee shall be a taxable perquisite
4517(2)(v)Amount payable by the employer to effect an insurance on life of employee or to effect a contract for an annuityFully Taxable
4617(2)(vi)read with Rule 3(8)ESOP/ Sweat Equity SharesFair Market value of shares or securities on the date of exercise of option by the assessee less amount recovered from the employee in respect of such shares shall be the taxable value of perquisites.
Fair Market Value shall be determined as follows:
a) In case of listed Shares: Average of opening and closing price as on date of exercise of option (Subject to certain conditions and circumstances)
b) In case of unlisted shares/ security other than equity shares: Value determined by a Merchant Banker as on date of exercise of option or an earlier date, not being a date which is more than 180 days earlier than the date of exercise of the option.
4717(2)(vii)Employer’s contribution towards superannuation fundTaxable in the hands of employee to the extent such contribution exceeds Rs.1,50,000
4817(2)(viii)read with Rule 3(7)(i)Interest free loan or Loan at concessional rate of interestInterest free loan or loan at concessional rate of interest given by an employer to the employee (or any member of his household) is a perquisite chargeable to tax in the hands of all employees on following basis:
1) Find out the “maximum outstanding monthly balance” (i.e. the aggregate outstanding balance for each loan as on the last day of each month);
2) Find out rate of interest charged by the SBI as on the first day of relevant previous year in respect of loan for the same purpose advanced by it;
3) Calculate interest for each month of the previous year on the outstanding amount (mentioned in Step 1) at the rate of interest given in Step 2
4) From the total interest calculated for the entire previous year (step 3), deduct interest actually recovered, if any, from employee
5) The balance amount (Step 3-Step 4) is taxable value of perquisite
Nothing is taxable if:
a) Loan in aggregate does not exceed Rs. 20,000; or
b) Loan is provided for treatment of specified diseases (Rule 3A) like neurological diseases, Cancer, AIDS, Chronic renal failure, Hemophilia (specified diseases). However, exemption is not applicable to so much of the loan as has been reimbursed to the employee under any medical insurance scheme.
4917(2)(viii)read with Rule 3(7)(ii)Facility of travelling, touring and accommodation availed of by the employee or any member of his household for any holidaya) Taxable value of perquisite shall be expenditure incurred by the employer less amount recovered from employee.
b) Where such facility is maintained by the employer, and is not available uniformly to all employees, the value of benefit shall be taken to be the value at which such facilities are offered by other agencies to the public.
5017(2)(viii)read with Rule 3(7)(iii)Free food and beverages provided to the employee1) Fully Taxable: Free meals in excess of Rs. 50 per meal less amount paid by the employee shall be a taxable perquisite
2) Exempt from tax: Following free meals shall be exempt from tax:
a) Food and non-alcoholic beverages provided during working hours in remote area or in an offshore installation;
b) Tea, Coffee or Non-Alcoholic beverages and Snacks during working hours are tax free perquisites;
c) Food in office premises or through non-transferable paid vouchers usable only at eating joints provided by an employer is not taxable, if cost to the employer is Rs. 50(or less) per meal.
5117(2)(viii)read with Rule 3(7)(iv)Gift or Voucher or Coupon on ceremonial occasions or otherwise provided to the employeea) Gifts in cash or convertible into money (like gift cheque) are fully taxable
b) Gift in kind up to Rs.5,000 in aggregate per annum would be exempt, beyond which it would be taxable.
5217(2)(viii)read with Rule 3(7)(v)Credit Carda) Expenditure incurred by the employer in respect of credit card used by the employee or any member of his household less amount recovered from the employee is a taxable perquisite
b) Expenses incurred for official purposes shall not be a taxable perquisite provided complete details in respect of such expenditure are maintained by the employer
5317(2)(viii)read with Rule 3(7)(vi)Free Recreation/ Club Facilitiesa) Expenditure incurred by the employer towards annual or periodical fee etc. (excluding initial fee to acquire corporate membership) less amount recovered from the employee is a taxable perquisite
b) Expenses incurred on club facilities for the official purposes are exempt from tax.
c) Use of health club, sports and similar facilities provided uniformly to all employees shall be exempt from tax.
5417(2)(viii)read with Rule 3(7)(vii)Use of movable assets of the employer by the employee is a taxable perquisiteTaxable value of perquisites
a) Use of Laptops and Computers: Nil
b) Movable asset other than Laptops, computers and Motor Car*: 10% of original cost of the asset (if asset is owned by the employer) or actual higher charges incurred by the employer (if asset is taken on rent) less amount recovered from employee.
*See Note 1 for computation of perquisite value in case of use of the Motor Car
5517(2)(viii)read with Rule 3(7)(viii)Transfer of movable assets by an employer to its employeeTaxable value of perquisites
a) Computers, Laptop and Electronics items: Actual cost of asset less depreciation at 50% (using reducing balance method) for each completed year of usage by employer less amount recovered from the employee
b) Motor Car: Actual cost of asset less depreciation at 20% (using reducing balance method) for each completed year of usage by employer less amount recovered from the employee
c) Other movable assets: Actual cost of asset less depreciation at 10% (on SLM basis) for each completed year of usage by employer less amount recovered from the employee.
5617(2)(viii)read with Rule 3(7)(ix)Any other benefit or amenity extended by employer to employeeTaxable value of perquisite shall be computed on the basis of cost to the employer (under an arm’s length transaction) less amount recovered from the employee.
However, expenses on telephones including a mobile phone incurred by the employer on behalf of employee shall not be treated as taxable perquisite.
5710(10CC)Tax paid by the employer on perquisites (not provided for by way of monetary payments) given to employeeFully exempt
5810(5)Leave Travel Concession or Assistance (LTC/LTA), extended by an employer to an employee for going anywhere in India along with his family*
*Family includes spouse, children and dependent brother/sister/parents. However, family doesn’t include more than 2 children of an Individual born on or after 01-10-1998.
(Subject to certain conditions)
The exemption shall be limited to fare for going anywhere in India along with family twice in a block of four years:
• Where journey is performed by Air - Exemption up to Air fare of economy class in the National Carrier by the shortest route
• Where journey is performed by Rail - Exemption up to air-conditioned first class rail fare by the shortest route
• If places of origin of journey and destination are connected by rail but the journey is performed by any other mode of transport - Exemption up to air-conditioned first class rail fare by the shortest route.
• Where the places of origin of journey and destination are not connected by rail:
* Where a recognized public transport system exists - Exemption up to first Class or deluxe class fare by the shortest route
* Where no recognized public transport system exists - Exemption up to air conditioned first class rail fare by shortest route.
Notes:
i. Two journeys in a block of 4 calendar years is exempt
ii. Taxable only in case of Specified Employees [See note 4]
59Proviso to section 17(2)Medical facilities in Indiaa) Expense incurred or reimbursed by the employer for the medical treatment of the employee or his family (spouse and children, dependent - parents, brothers and sisters) in any of the following hospital is not chargeable to tax in the hands of the employee:
i. Hospital maintained by the employer.
ii. Hospital maintained by the Government or Local Authority or any other hospital approved by Central Government
iii. Hospital approved by the Chief Commissioner having regard to the prescribed guidelines for treatment of the prescribed diseases.
b) Medical insurance premium paid or reimbursed by the employer is not chargeable to tax.
c) Any other expenditure incurred or reimbursed by the employer for providing medical facility in India is not chargeable to tax up to Rs. 15,000 in aggregate per assessment year.
60Proviso to section 17(2)Medical facilities outside IndiaAny expenditure incurred or reimbursed by the employer for medical treatment of the employee or his family member outside India is exempt to the extent of following (subject to certain condition):
a. Expenses on medical treatment - exempt to the extent permitted by RBI.
b. Expenses on stay abroad for patient and one attendant - exempt to the extent permitted by RBI.
c. Expenditure incurred on travelling of patient and one attendant- exempt, if Gross Total Income (before including the travel expenditure) of the employee, does not exceed Rs. 2,00,000.




C.Deduction from salary

No.SectionParticularsTaxability/Exemption
116 (ii)Entertainment Allowance received by the Government employees (Fully taxable in case of other employees)Least of the following is exempt from tax:
a) Rs 5,000
b) 1/5th of salary (excluding any allowance, benefits or other perquisite)
c) Actual entertainment allowance received
216(iii)Employment Tax/Professional Tax.Amount actually paid during the year. However, if professional tax is paid by the employer on behalf of its employee than it is first included in the salary of the employee as a perquisite and then same amount is allowed as deduction.

No comments:

Post a Comment