Additional employees under 80JJAA

Tax planning 120 views 1 replies

No of employees

31.03.21 - 12

31.03.22 - 24

31.03.23 - 26

in 21-22 out of total 12 additional employees only 4 had completed 240 days in employment. So the rest 8 were not eligible for deduction under 80JJAA.

My query is that in 22-23, eligible employees will be only 2 or 10 (including employees of 21-22 whose deduction I could not claim in 21-22 as they were not eligible in that year and become eligible for deduction 22-23)

Replies (1)

Great question on Section 80JJAA eligibility!

Here’s the key point for claiming deduction under Section 80JJAA:

  • The deduction is available for new employees employed for at least 240 days during the relevant previous year.

  • For employees who did NOT complete 240 days in the earlier year, you cannot carry forward their eligibility to the next year.

  • The 240-day employment condition is to be met in the particular financial year to claim deduction for that year.


Applying to your case:

  • For FY 21-22: Only 4 employees completed 240 days → deduction allowed only for those 4.

  • For FY 22-23: You have 24 employees, out of which only those who individually complete 240 days in FY 22-23are eligible.

  • The employees from 21-22 who did not complete 240 days in 21-22 cannot be counted as eligible in 22-23 unless they again qualify by completing 240 days in 22-23.

  • So, you cannot include 8 employees from 21-22 in 22-23 deduction just because they became eligible later.

  • Deduction is strictly for employees who complete 240 days within the same FY for which deduction is claimed.


Summary:

  • Eligible employees in 22-23 = only those who actually completed 240 days in FY 22-23.

  • No carry-forward of partially completed employees from previous years.


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