Leave Encashment - section 10(10AA)

Whether leave encashment of employee is fully taxable on termination of employee or exempted upto 3 lacs.
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Quick Summary
This discussion clarifies the taxability of leave encashment upon an employee's termination or retirement, specifically referencing Section 10(10AA) of the Income Tax Act. It details that while leave encashment for government employees is fully exempt, non-government employees can claim an exemption up to ₹3,00,000, subject to certain conditions. Importantly, the rules apply to both retirement and termination scenarios.

(a) Government employees: Leave salary received at the time of retirement is fully exempt from tax.
(b) Non-government employees: Leave salary received at the time of retirement is exempt from tax to the extent of least of the following:
(i) ` 3,00,000
(ii) Leave salary actually received
(iii) 10 months’ salary (on the basis of average salary of last 10 months)
(iv) Cash equivalent of leave (based on last 10 months’ average salary immediately preceding the date of retirement) to the credit of the employee at the time of retirement or death. Earned leave entitlement cannot exceed 30 days for every year.

Notes:Leave salary received during the period of service is fully taxable.
Whether retirement clause is applicable for termination also??
Yes, applicable for termination also..

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