Query on full and final settlement

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R KALYANA SUNDARAM (Querist)
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10 March 2015 My friend had full and final settlement of Rs.8.75 Lakhs from Nokia. and also deducted an amount of Rs.1.63 laksh as TDs.

Now she is not having job, how we can get refund from IT.

Q 1 : Is taxable
Q 2 : Provide under what section we can get the benefit of exemption
PLEASE ANSWER SOMEBODY
thanks

R KALYANA SUNDARAM

R KALYANA SUNDARAM (Querist)
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19 March 2015 PLEASE ANSWER SOMEBODY

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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10 August 2024 When it comes to handling the taxation and refund process for a full and final settlement, it's important to understand how these payments are treated under the Income Tax Act, 1961. Here's how to approach this situation:

### **1. Taxability of Full and Final Settlement**

- **Nature of Settlement:**
- A full and final settlement, often received when an employee leaves a company, can include various components such as severance pay, leave encashment, gratuity, or other payments.

- **Taxability:**
- **Severance Pay:** Generally, this is taxable as income under the head “Salaries.”
- **Leave Encashment:** Taxable under “Salaries” but exempt to some extent under Section 10(10AA) for government employees and up to a limit for non-government employees.
- **Gratuity:** Exempt under Section 10(10) up to a specified limit, which is ₹20 lakhs for non-government employees.
- **Other Payments:** Specific payments should be evaluated based on their nature and tax implications.

**Note:** The taxability depends on the nature of each component of the settlement. If the settlement is taxed as income, it should be included in the income tax return for the relevant financial year.

### **2. Claiming Refund of TDS**

Since ₹1.63 lakhs was deducted as TDS, your friend can claim a refund of this amount if the total tax liability is less than the TDS deducted. Here’s how to claim it:

#### **Step-by-Step Process to Claim Refund:**

1. **Verify Taxability:**
- Ensure the full and final settlement components are correctly classified and taxed. Check if any part of the settlement is exempt.

2. **File Income Tax Return (ITR):**
- **For the Relevant Financial Year:** Your friend should file the ITR for the financial year in which the settlement was received.
- **Section to Consider:**
- **Section 10(10AA):** For leave encashment, if applicable.
- **Section 10(10):** For gratuity, if applicable.
- **Form to Use:** Typically, ITR-1 or ITR-2, depending on the complexity of the income.

3. **Claim Refund in ITR:**
- Report the total income including the settlement.
- Claim any exemptions or deductions as applicable.
- If the total tax liability is less than the TDS deducted, the excess TDS will be refunded.

4. **Verify TDS Details:**
- Ensure that the TDS details mentioned in Form 26AS (Tax Credit Statement) match the TDS deducted and deposited by the employer.

5. **Submit ITR:**
- After completing the ITR, submit it online through the Income Tax e-filing portal or manually.

6. **Track Refund Status:**
- After submission, track the status of the refund through the Income Tax e-filing portal.

### **Summary of Answers:**

**Q1: Is the settlement taxable?**
- Yes, the full and final settlement is generally taxable as per the nature of the payment. Each component (severance, leave encashment, gratuity, etc.) has specific tax implications.

**Q2: Under what section can you get the benefit of exemption?**
- **Leave Encashment:** Section 10(10AA) (partially exempt for non-government employees).
- **Gratuity:** Section 10(10) (exempt up to ₹20 lakhs for non-government employees).

**Refund Process:**
- File the income tax return for the relevant financial year, report all income, claim exemptions/deductions, and claim a refund of excess TDS if applicable.

By following these steps, your friend can ensure that the refund is processed efficiently and any applicable exemptions are properly claimed. If needed, consulting a tax professional can provide personalized guidance based on specific circumstances.

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