CBDT notifies Rule for determination of value of perquisite in respect of residential accommodation provided by employer



Quick Summary
The Central Board of Direct Taxes (CBDT) has updated Rule 3 of the Income-tax Rules, 1961, following amendments from the Finance Act, 2023. These changes affect how the value of rent-free or concessional accommodation provided by employers is calculated for tax purposes. The new rules now use population figures from the 2011 census to define city categories and have reduced the perquisite tax rates.

The Finance Act, 2023 brought in an amendment for the purposes of calculation of “perquisite” with regard to the value of rent-free or concessional accommodation provided to an employee, by his employer. Accordingly, CBDT has modified Rule 3 of the Income-tax Rules, 1961 to provide for the same.

The categorisation and the limits of cities and population have now been based on the 2011 census as against the 2001 census earlier. The revised limits of population are 40 lakh in place of 25 lakh and 15 lakh in place of 10 lakh. The earlier perquisite rates of 15%, 10% and 7.5% of the salary have now been reduced to 10%, 7.5% and 5% of the salary respectively in the amended Rule. This is summarised as under:

New CBDT Rules for Employer-Provided Accommodation Perquisites

Previous Categorisation and Rates

New Categorisation and Rates

Population

Perquisite Rate

Population

Perquisite Rate

More than 25 lakh

15%

More than 40 lakh

10%

Between 10 lakh and 25 lakh

10%

Between 15 lakh and 40 lakh

7.5%

Less than 10 lakh

7.5%

Less than 15 lakh

5%

The Rule has also been further rationalised so as to compute a fair tax implication of the same accommodation being occupied by an employee for more than one previous year.

Notification No. 65/2023 dated 18th August, 2023 has been published and is available at https://egazette.nic.in.

FAQ :

The CBDT has notified a new rule (Rule 3 of the Income-tax Rules, 1961) for determining the value of perquisite in respect of residential accommodation provided by an employer to an employee.

The main changes involve using the 2011 census for population categorisation of cities and reducing the perquisite tax rates for employees receiving rent-free or concessional accommodation.

The population limits have been revised based on the 2011 census. Cities with over 40 lakh population (previously over 25 lakh) are now in the highest category, and those between 15 lakh and 40 lakh (previously between 10 lakh and 25 lakh) are in the middle category.

Yes, the perquisite tax rates have been reduced. They are now 10% (previously 15%), 7.5% (previously 10%), and 5% (previously 7.5%) of the employee's salary, depending on the city's population category.

Yes, the rule has been rationalised to compute a fair tax implication when an employee occupies the same accommodation for more than one previous year.




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