Co. paying tax for employees

Respected All

As per income tax law co. cnt pay tax on behalf of there employees, employees them self hv to bear the tax burden, but i hv come across a co. wh pays tax for der foreign client.
M nt I.T expert, I will try to explain suppose his pay is rs 2 lakh per mnth n tax cums at 4 lakh annually so co. decided to pay him 24(salary)+4(tax)= 26 lakhs so the foreign client (engineer) dnt hv to bear d tax, the work is in s.africa but d foreign client will b on indian co. payroll
So ALL, my learned experts frnds i wnt to kn is it right practice or not if wrong cn ni1 gv my relevant  ACT or any Court Case i will b v thn full to all


with rgrds
guddu

Replies (1)

Dear Virendra,

Shifting the burden of tax is perfectly valid.

In case of employees -

If co. bears the tax burden on non-monetary perks (like Rent free accomodation) then "the amount of tax is not allowed as deduction to the employer" & that tax remains exempt in the hand of employees.

Whereas if co. bears the tax burden on monetary perks " then the "amount of tax" becomes a taxable perquisite in the hands of employees & it is allwoed as deduction to the employer.

In case other than employees -

The amount of expenditure increases with the aqmount of tax & is allowed as deduction..(also known as grossin up)

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