holiday home facility

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

14 April 2010 An employee is provided with holiday home facility by his employer. is it taxable in the hands of the employee?

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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15 April 2010 please mention the nauture of transaction clearly

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)
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28 July 2024 Yes, the provision of a holiday home facility by an employer can be taxable in the hands of the employee under certain conditions. Here’s how it is generally treated:

### **Taxability of Holiday Home Facility**

#### **1. **Nature of the Facility**

The taxability depends on the nature of the holiday home facility provided. If an employer provides a holiday home facility (such as accommodation at a holiday resort or a second home) for an employee’s use, it is generally considered a benefit in kind.

#### **2. **Income from Salary**

Under the Income Tax Act, 1961, any benefit or perquisite provided by an employer to an employee falls under the category of "Income from Salary." Such benefits or perquisites are taxable as perquisites in the hands of the employee.

#### **3. **Taxable Perquisite**

According to the Income Tax Act, 1961:

- **Section 17(2) of the Income Tax Act**: Defines "perquisite" as any benefit or amenity provided by the employer, including accommodation or holiday home facilities.

#### **4. **Valuation of the Perquisite**

The taxable value of the perquisite is generally determined based on the following:

- **Fair Market Value (FMV)**: The perquisite value is usually the fair market value of the holiday home facility minus any amount paid by the employee, if applicable. The FMV is the amount for which the holiday home could reasonably be expected to be rented in the open market.

- **Cost to Employer**: If the FMV cannot be determined, the perquisite may be valued based on the cost incurred by the employer.

#### **5. **Specific Exemptions**

There might be specific exemptions or provisions depending on the nature and purpose of the holiday home:

- **For Official Use**: If the holiday home is used exclusively for official purposes or is part of a scheme where the employee is not the primary beneficiary, it might not be taxable.

- **Employer’s Policy**: Some employers may provide such facilities as part of a welfare scheme, and the taxability might depend on the specific terms of the facility and the employer's policy.

### **Example**

If an employer provides a holiday home facility worth ₹50,000 annually and the employee pays ₹10,000 for its use, the taxable perquisite amount would be ₹40,000 (FMV of ₹50,000 - amount paid by employee ₹10,000).

### **Conclusion**

The provision of a holiday home facility by an employer is generally taxable in the hands of the employee. The taxable value is based on the fair market value of the facility provided, subject to any exemptions or specific provisions that may apply. It is advisable for both employers and employees to keep track of the valuation and ensure compliance with tax regulations.

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