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Friday, September 13, 2013

Direct Taxes - Salary (perquisite) .. [in progress]



Direct Tax –Salary – Perquisite
1.   Rent-free House :
a.  Govt. employees - Perquisite value is license fee.
b.  Non-govt. employees (if house owned by employer) – Perquisite value is 15% (for city’s population > 25 lakh), 10% (for city’s population between 10 to 25 lakh) and 7.5% (for city’s population < 10 lakh)
c.  Non-govt. employees (if house taken on lease by employer) – Perquisite value is 15% or lease rent whichever is lower.
d.  If furniture is also provided in house to govt. or non-govt. employee, 10% of the cost of furniture or annual rent of furniture (if any) paid by employer.
e.  Special  Cases : (i) No tax for house in remote area,  (ii) Hotel accommodation – 24% of salary or hotel tariff whichever is lower but it is tax-free for 15 days in case of transfer  (iii) Two rent-free houses in case of transfer – One of the house is tax-free for 90 days at the option of employee, (iv) Rent-free house is always tax-free in cases of Union Minister, Leader of Opposition in Parliament, official of Parliament, High Court or Supreme Court Judge, Chairman or member in UPSC.

2.  Free Domestic Servant/ Gas, electricity or water supplied after purchasing from outside                      agency : Perquisite taxable = Actual amount spent by employer minus Amount recovered.

3. Free educational facility : (i) If provided at outside – expenses incurred by the employer, (ii) If educational institution owned/maintained by employer – Up to Rs. 1,000/= per child is not taxable.

4. LTC – 2 journeys in block of 4 years is free based on actual expenditure for shortest route

5. Interest-fee/ Concessional loan: (i) Taxable @ SBI lending rate at maximum outstanding balance at the end of each month, (ii) Not taxable up to Rs. 20,000/= original loan, (iii) Loan given given in rule 3A for medical treatment of employee or his family is not taxable

6. Use of employer’s movable asset: (i) Taxable perquisite is 10% p.a. of actual cost of asset. (ii) Use of Computer/ laptop not taxable.

7. Sale of movable asset : (i) Taxable perquisite = Actual cost – normal wear & tear – Sale consideration, (ii) Normal wear & tear is 50% p.a  in case of Computer/ electronic item  and 20% p.a.in case of Car in both cases by reducing installment method whereas is 10% p.a. in case of other items.

8. Medical facility : Not taxable (i) If hospital is owned/maintained by employer, (ii) In case of govt. hospital or private hospitals approved/ recognized by govt. (iii) medical insurance premium paid or reimbursed by the employer, (iv) Up to Rs.15,000/- for medical expenses incurred or reimbursed by the employer in other cases, (v) For non-specified employees, (vi)For treatment outside India if a few conditions are satisfied. 

Salary - Cash component ... (in progress)



Direct Tax – Salary
1.      Leave Encashment for non-govt. employees (other than central and state govt.) will be exempt as least of the following four figures :- [1] Rs. 3,00,000/=, [2] 30 days x (no. of years of completed service), [3] 10 months average salary, [4] Amount actually received.
 Fully exempt for govt. employees.

2.      Gratuity for non-govt. employee (other than central, state, local authority and statutory body) will be exempt as least of the following three figures :- [1] Rs. 10,00,000/=, [2]15 days salary x (no. of years of completed service), [3] Amount actually received.
Fully exempt for govt. employees.
Note: completed years of service will be actual complete year in case of employees not covered under Payment of  Gratuity Act whereas completed year means only 6 months or more in case of employees covered under Payment of Gratuity Act.

3.      Commutation of Pension for non-govt. employee (other than central, state, local authority and statutory body) will be exempt [1] One-third of normal pension if employee also received gratuity, [2] One-half of normal pension if employee does not receive gratuity.

4.      Contribution to NPS : is exempt as [1] Employer’s contribution - Up to 10% of salary, [2] Employee’s contribution – up to 10% of salary (pay + DA)

5.      Provident Fund : Employer’s contribution up to 10% of salary and interest up to notified rate (9.5%) will be exempt.

6.      Retrenchment compensation : least of [1] amount calculated u/s 25F of the Industrial Dispute Act, [2] Rs. 5,00,000/=

7.      VRS  Compensation :  exempt up to Rs. 5 lakh but it should not exceed more of [1] 3 months salary x no. of completed years of service, [2] salary for the months remaining months before normal retirement date.

8.      Salary from UNO or up to 2 years only for  teacher/ researcher from a SAARC  member Countries are exempt.

9.      HRA : Exempt up to least of [1] 50% (for metros) or 40% (for other cities) of salary,  [2] Rent paid – 10% of salary, [3] Actual HRA received

10.   Entertainment allowance : Exempt as least of [1] Rs. 5,000/= , [2] 20% of salary, [3] entertainment allowance

11.   CEA : Exempt up to Rs. 100 p.m. per child up to two children only. Hostel All. Of Rs. 300 p.m. each is in addition to this.

12.   Transport Allownace: Rs. 800/= p.m. in normal case and Rs. 1,600/= p.m. in case of blind or orthopaedically handicapped.  But for transport employees, allowance is exempt up to being lesser of [1] Rs. 10,000/= [2] 70% of the allowance.

13.   Tribal Area Allowance : Up to Rs. 200/= p.m.

14.   Other exemptions : [1] Foreign allowance is exempt if amount is paid to Indian citizen for rendering service outside of India. [2] Sumptuary all. To serving chairman/member of UPSC  are exempt but for retired chairman/member it is exempt up to Rs. 14,000/= only.