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Gratuity is taxable for an it employee

Tax queries 684 views 1 replies

Hi All,

  I am working with an IT Company , i am qualified for the Gratituity ,  i have completed 5.8 years with the company.

I am drawing 61607.7 as basic as on when i was leaving the company. Gratituity payble would be 213257 Rupees . Does this amount is taxable , because my company telling that i got 30.9% TAX. Please help to answer if  it is correct  i am good , if not please provide the reply.

Thanks in Advance,

Regards

Ravi

Payable

213257

         

Tax Payable @ 30.9%

65897

         

Balance Gratuity Payable

147361

Replies (1)

Dear Ravi,

Go through the following -

 

Tax treatment of gratuity :- For the purpose of exemption of gratuity under sec.10 (10) the employees are divided under three categories:

  1. Any death cum retirement gratuity received by Central and State Govt. employees, Defense employees and employees in Local authority shall be exempt.
  2. Any gratuity received by persons covered under the Payment of Gratuity Act, 1972shall be exempt subject to following limits:-
    • For every completed year of service or part thereof, gratuity shall be paid at the rate of fifteen days wages based on the rate of wages last drawn by the concerned employee.
    • The amount of gratuity as calculated above shall not exceed Rs. 10,00,000/-
  3. In case of any other employee, gratuity received shall be exempt, subject to the following exemptions
    • Exemption shall be limited to half month salary (based on last 10 months average) for each completed year of service or Rs. 10 Lakhs whichever is less.
    • Where the gratuity was received in any one or more earlier previous years also and any exemption was allowed for the same, then the exemption to be allowed during the year gets reduced to the extent of exemption already allowed, the overall limit being Rs. 10 Lakhs.

Accordingly, the gratuity amount received is not taxable since the amount does not exceed Rs. 10 Lakhs.


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