Leave Encashment: Tax Exemption, Calculation & Examples



Quick Summary
Leave encashment refers to the payment an employer makes to an employee for unused paid leave accumulated during their service. The taxability of this amount depends on when it's received and the employee's employment status. While government employees and legal heirs of deceased employees receive full exemption, non-government employees may have partial exemption based on calculations under Section 10(10AA)(ii).

Leave Encashment Taxability: Rules and Exemptions

Background 

In general sense we can say that leave that you can freely avail while performing your services. Normally there are few numbers of paid leaves are available to the employees while their work span on monthly/yearly basis.

However, it is not necessary that an individual employee utilizes all the leave he is entitled to in a year. In fact, most employers allow the employees an option of carrying forward such unutilized paid leaves.

So that's how the concept of leave encashment comes in a picture.

What Is Leave Encashment

Employees can accumulate the un-utilize paid leaves till their retirement or resignation from the company & which compels the employer to compensate the unutilized paid leave of the employees. This concept is better known as leave encashment.

 

Taxability

Leave encashment received by employees is taxable in two ways 

  • Received at the time of his job then such amount will be fully taxable & forms part of " Income from Salary "( However Assesse can get tax relief under section 89 of income tax act by filling form 10E ) 
  • Leave encashment received at the time of retirement or resignation,
Leave encashment received by  Taxability
State and Central Government employees Fully tax-exempt
Non-government employees

Partly exempt and partly taxable.

The exemption is based on the calculation specified in Section 10(10AA)(ii).

Legal heir of a deceased employee

Fully tax-exempt.

Leave encashment amount received by the Legal heir of a deceased employee is fully tax-exempt in the hands of the legal heirs.

Exemption specified us Section 10(10AA)(ii)

Exemption will be least of the following

  1. Notified By Government i.e. Rs. 25,00,000
  2. Actual Encashment Amount Received 
  3. Average Salary** of Last 10 months
  4. Salary per day*unutilized leave (considering maximum 30 days leave per year) for every year of completed service

Note: **Salary For this purpose includes Basic salary + Dearness Allowance + Turnover Commission 

Illustration

Lets take an example 

Calculate taxable Leave encashment keeping the below details in mind.

Mr.X (Non-Gov Emp) retiring after 10 Years 

Entitled Pay leaves per year from his employer is 40 days i.e. 400 Days

Utilized Leaves: 200 days (Un-utilized: 200 days)

Basic Salary + DA: Rs. 30,000 Per Month (Rs. 1,000 per day)

Encashment received: Rs. 2,00,000 (Rs. 1,000*200)

 

Solution

Particulars Amount (in Rs)
Leave encashment received

2,00,000  (200 days* Rs 1,000)

Less: Exempt 2,00,000
Least of the following:  
1. Amount notified by the Government 25,00,000
2. Actual leave encashment  2,00,000
3. Average salary for 10 months = Rs 30,000 * 10 months 3,00,000
4. Rs 1,000 * (30 days * 10 completed years of service minus 200 days of utilised leave) 1,00,000
Leave encashment taxable as ‘income from salary 1,00,000

FAQ :

Leave encashment is the compensation an employer provides to an employee for any unutilised paid leaves that have been accumulated until their retirement or resignation from the company.

Leave encashment received while still employed is fully taxable as 'Income from Salary'. If received at retirement or resignation, it's partly exempt and partly taxable for non-government employees, and fully exempt for government employees and legal heirs of deceased employees.

The exemption for non-government employees is the least of: Rs. 25,00,000, the actual encashment amount received, the average salary of the last 10 months, or a calculation based on salary per day, unutilised leave, and completed years of service (max 30 days per year).

State and Central Government employees, as well as the legal heirs of a deceased employee, are fully exempt from tax on leave encashment.

For the purpose of calculating leave encashment exemption, 'Salary' includes basic salary, dearness allowance, and turnover commission.


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