Hello, Please help me out - can HRA exceed and be more than the Basic salary.
From India, Mumbai
Acknowledge(0)
Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
651
Please let me know under which act HRA can not exceed basic salary.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
As per EPF act , any of the components(HRA,Spl allow,Incentive,etc..) should not exceed than basic salary
From India, Madurai
Acknowledge(0)Amend(0)
From India, Madurai
Acknowledge(0)Amend(0)
I think no such restrictions prevailed in any Act pls. Undoubtedly proceed for hra exceeding Basicpay.. No legal problems pls.
From India, Nellore
Acknowledge(1)Amend(0)
From India, Nellore
Acknowledge(1)Amend(0)
The HRA Calculations depend on the palce of residence. For metro HRA can not exceed 50 % of basic Salary For non metro its 40%. However HRA has impact on IT if it exceeds the limits.
From India, Vadodara
Acknowledge(1)Amend(0)
From India, Vadodara
Acknowledge(1)Amend(0)
Points to Consider While Discussing Salary Components
1. Where is it written that salary is to be split into various components, including HRA?
2. Is there any law regarding the payment of HRA?
3. If there is no law, then why do we pay it?
4. What is the meaning of an allowance? Can the amount of any allowance exceed the salary?
5. Is there a policy in place for the payment of HRA, specifically mentioning the purpose and percentage, so that it can be explained that the payment is not meant to deceive anyone?
6. What will happen when the COW is implemented, and there is a provision that if excluded wages exceed 50% of wages, the excess 50% will be treated as wages?
Thank you.
From India, Mumbai
Acknowledge(1)
Amend(0)
1. Where is it written that salary is to be split into various components, including HRA?
2. Is there any law regarding the payment of HRA?
3. If there is no law, then why do we pay it?
4. What is the meaning of an allowance? Can the amount of any allowance exceed the salary?
5. Is there a policy in place for the payment of HRA, specifically mentioning the purpose and percentage, so that it can be explained that the payment is not meant to deceive anyone?
6. What will happen when the COW is implemented, and there is a provision that if excluded wages exceed 50% of wages, the excess 50% will be treated as wages?
Thank you.
From India, Mumbai
Acknowledge(1)Amend(0)
THE MAHARASHTRA WORKMEN’S MINIMUM HOUSE RENT ALLOWANCE ACT, 1983 is the reference for Governing applicability of HRA in the state. Pls share any other state has this act in place.
From India, Vadodara
Acknowledge(0)Amend(0)
From India, Vadodara
Acknowledge(0)Amend(0)
HRA can not exceed more basic it depend upon % metro and non metro cities
Acknowledge(2)
Amend(0)
0
0
Acknowledge(2)Amend(0)CiteHR.AI
(Fact Checked)-HRA can exceed basic salary based on company policy and tax regulations. The percentage is determined by whether the employee lives in a metro or non-metro area. (1 Acknowledge point)
0
0
So far as I know, there's no restriction such that the HRA cannot exceed the basic pay, except that the minimum wages, category-wise, should be adhered to. It can be consolidated or split into different components such as basic, FDA/VDA, HRA, and allowances, etc.
HRA and IT Act Stipulations
The stipulation/formula with respect to HRA is relevant to the limits within which the relief under the IT act is permissible, as calculated when the HRA is claimed as actually paid or whichever is lower. There need not be any limitation that HRA cannot be more than the basic. In fact, in cities like Mumbai and Delhi, HRA can be more than the basic itself. For instance, we have seen some celebrities drawing just Re.1 as salary/remuneration.
From India, Bangalore
Acknowledge(0)Amend(0)
0
0
HRA and IT Act Stipulations
The stipulation/formula with respect to HRA is relevant to the limits within which the relief under the IT act is permissible, as calculated when the HRA is claimed as actually paid or whichever is lower. There need not be any limitation that HRA cannot be more than the basic. In fact, in cities like Mumbai and Delhi, HRA can be more than the basic itself. For instance, we have seen some celebrities drawing just Re.1 as salary/remuneration.
From India, Bangalore
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The user's reply is correct. HRA can exceed the basic salary, especially in high-cost cities like Mumbai and Delhi. Thank you for sharing this insightful information. (1 Acknowledge point)
0
0
Dear colleague, to my knowledge, there is no restriction on the quantum of HRA being paid to an employee, except in the state of Maharashtra. The state government has enacted legislation called The Maharashtra Workmen's Minimum House Rent Allowance Act, 1983 (Maharashtra Act No. XXIII of 1988), which provides for the payment of minimum house-rent allowance to workmen who come under the purview of minimum wages.
Computation of Minimum HRA in Maharashtra
As per the act, every workman is entitled to receive HRA at the rate of 5% of the wages payable to him during the month of his service or Rs 20, whichever is higher. This amount shall be payable within 10 days of the following month.
Wages mean Basic + DA (Dearness Allowances).
The payment of HRA is to be made by cheque along with the monthly wages.
In general, for most employees, House Rent Allowance (HRA) is a part of their salary structure. Although it is a part of your salary, HRA, unlike basic salary, is not fully taxable. Subject to certain conditions, a part of HRA is exempted under Section 10 (13A) of the Income-tax Act, 1961. The amount of HRA exemption is deductible from the total income before arriving at a taxable income. This helps an employee to save tax.
Please check your state legislation for any dealing with minimum HRA payable before going ahead with fixing the HRA.
Regards, Panchsen
P. Senthilkumar
[Email Removed For Privacy Reasons]
[Phone Number Removed For Privacy-Reasons]
From India, Chennai
Acknowledge(1)Amend(0)
0
0
Computation of Minimum HRA in Maharashtra
As per the act, every workman is entitled to receive HRA at the rate of 5% of the wages payable to him during the month of his service or Rs 20, whichever is higher. This amount shall be payable within 10 days of the following month.
Wages mean Basic + DA (Dearness Allowances).
The payment of HRA is to be made by cheque along with the monthly wages.
In general, for most employees, House Rent Allowance (HRA) is a part of their salary structure. Although it is a part of your salary, HRA, unlike basic salary, is not fully taxable. Subject to certain conditions, a part of HRA is exempted under Section 10 (13A) of the Income-tax Act, 1961. The amount of HRA exemption is deductible from the total income before arriving at a taxable income. This helps an employee to save tax.
Please check your state legislation for any dealing with minimum HRA payable before going ahead with fixing the HRA.
Regards, Panchsen
P. Senthilkumar
[Email Removed For Privacy Reasons]
[Phone Number Removed For Privacy-Reasons]
From India, Chennai
Acknowledge(1)Amend(0)CiteHR.AI
(Fact Checked)-[The user reply contains accurate information regarding the Maharashtra Workmen's Minimum House Rent Allowance Act, 1983. Additionally, the explanation of HRA exemption under Section 10(13A) of the Income-tax Act, 1961, is correct. The user also provided valuable advice to verify state legislation on minimum HRA before finalizing the amount.] (1 Acknowledge point)
0
0
Minimum HRA Requirement in Maharashtra
In Maharashtra, there is a law that mandates a minimum HRA of 5% when you have more than 50 employees. This law specifically pertains to the minimum HRA.
Discussion on HRA and Basic Salary
The question in this discussion topic is how much HRA we can give or if it can exceed the Basic Salary. Income Tax law is not relevant here. Income Tax law only permits you an exemption for Income Tax of up to 50% in metro cities and 40% in other cities.
Clarification on Shared Information
Prof. Kumar, I have due respect for you as a Professor and Consultant in Tax, Law, and HR matters. However, the links you forward are irrelevant to the subject matter. Moreover, there is no certainty as to the correctness of what is written there. If you read and address the points I raised in my earlier post, you will find the answer to the query.
Please do not take it otherwise. We are here to share knowledge with each other, and I am attempting to provide clarity on the subject matter based on my limited exposure in the field. I never claim that I am always right. No one is perfect, including me, but it would be appreciated if clarity in the subject is brought through valid supporting information and various links.
From India, Mumbai
Acknowledge(0)Amend(0)
In Maharashtra, there is a law that mandates a minimum HRA of 5% when you have more than 50 employees. This law specifically pertains to the minimum HRA.
Discussion on HRA and Basic Salary
The question in this discussion topic is how much HRA we can give or if it can exceed the Basic Salary. Income Tax law is not relevant here. Income Tax law only permits you an exemption for Income Tax of up to 50% in metro cities and 40% in other cities.
Clarification on Shared Information
Prof. Kumar, I have due respect for you as a Professor and Consultant in Tax, Law, and HR matters. However, the links you forward are irrelevant to the subject matter. Moreover, there is no certainty as to the correctness of what is written there. If you read and address the points I raised in my earlier post, you will find the answer to the query.
Please do not take it otherwise. We are here to share knowledge with each other, and I am attempting to provide clarity on the subject matter based on my limited exposure in the field. I never claim that I am always right. No one is perfect, including me, but it would be appreciated if clarity in the subject is brought through valid supporting information and various links.
From India, Mumbai
Acknowledge(0)Amend(0)
Minimum Wages Act of 1948 and Employee Salaries
I wonder if any employee's (worker's) salary is governed by the Minimum Wages Act of 1948. Basic pay plus V.D.A (Variable Dearness Allowance) equals the minimum wage. It should never be less than the minimum wage as fixed by the state government, central government, or by the Collector and District Magistrate of that district.
This rule is only binding upon the employer of any factory or establishment. The managements are solely responsible for the payment of minimum wage or any offered pay scales by them in the company's best interest. This includes HRA or any special pays like weekend party expenses, medical allowance, T.A., etc., which are provided to employees as incentives.
From India, Nellore
Acknowledge(0)Amend(0)
I wonder if any employee's (worker's) salary is governed by the Minimum Wages Act of 1948. Basic pay plus V.D.A (Variable Dearness Allowance) equals the minimum wage. It should never be less than the minimum wage as fixed by the state government, central government, or by the Collector and District Magistrate of that district.
This rule is only binding upon the employer of any factory or establishment. The managements are solely responsible for the payment of minimum wage or any offered pay scales by them in the company's best interest. This includes HRA or any special pays like weekend party expenses, medical allowance, T.A., etc., which are provided to employees as incentives.
From India, Nellore
Acknowledge(0)Amend(0)
Definition of Wages in the New Code on Wages
In the new Code on Wages, the definition of wages is given in section 2(y), which reads as follows:
"2(y) 'wages' means all remuneration, whether by way of salaries, allowances, or otherwise, expressed in terms of money or capable of being so expressed, which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes:
(i) basic pay;
(ii) dearness allowance; and
(iii) retaining allowance, if any,
but does not include:
(a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment;
(b) the value of any house-accommodation, or of the supply of light, water, medical attendance, or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate Government;
(c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
(d) any conveyance allowance or the value of any travelling concession;
(e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment;
(f) house rent allowance;
(g) remuneration payable under any award or settlement between the parties or order of a court or Tribunal;
(h) any overtime allowance;
(i) any commission payable to the employee;
(j) any gratuity payable on the termination of employment;
(k) any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment:
Provided that, for calculating the wages under this clause, if payments made by the employer to the employee under clauses (a) to (i) exceed one-half, or such other percent as may be notified by the Central Government, of all remuneration calculated under this clause, the amount which exceeds such one-half, or the percent so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause:
Provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages, the emoluments specified in clauses (d), (f), (g), and (h) shall be taken for computation of wage.
Explanation: Where an employee is given, in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen percent of the total wages payable to him, shall be deemed to form part of the wages of such employee."
The new definition clearly underlines the emoluments which will form part of wages and which will not form part of wages. Thus, the three components which clearly form part of wages are: (i) basic pay; (ii) dearness allowance; and (iii) retaining allowance, if any. Some components of wages have also been listed which will not form part of wages. The Code explicitly states that HRA is not a part of wages and also puts a restriction on the non-inclusive components to be 50%, and even if it exceeds, it will not affect employee rights.
Supreme Court Ruling on Special Allowance for EPF
The matter regarding the coverage of Special Allowance for EPF purposes came up for consideration before the Supreme Court recently in The Regional Provident Fund Commissioner vs. Vivekananda Vidyamandir (decided on 28 February 2019, Author: N Sinha). It held that merely by giving a nomenclature, the PF coverage shall not cease, and the nature of payment has to be examined. For example, if it is a uniform payment made to all employees, then the same would fall within the definition of wages irrespective of the name attached to it. There have been many instances where, to avoid PF liability, various surreal names were given.
From India, Mumbai
Acknowledge(1)Amend(0)
0
0
In the new Code on Wages, the definition of wages is given in section 2(y), which reads as follows:
"2(y) 'wages' means all remuneration, whether by way of salaries, allowances, or otherwise, expressed in terms of money or capable of being so expressed, which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes:
(i) basic pay;
(ii) dearness allowance; and
(iii) retaining allowance, if any,
but does not include:
(a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment;
(b) the value of any house-accommodation, or of the supply of light, water, medical attendance, or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate Government;
(c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
(d) any conveyance allowance or the value of any travelling concession;
(e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment;
(f) house rent allowance;
(g) remuneration payable under any award or settlement between the parties or order of a court or Tribunal;
(h) any overtime allowance;
(i) any commission payable to the employee;
(j) any gratuity payable on the termination of employment;
(k) any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment:
Provided that, for calculating the wages under this clause, if payments made by the employer to the employee under clauses (a) to (i) exceed one-half, or such other percent as may be notified by the Central Government, of all remuneration calculated under this clause, the amount which exceeds such one-half, or the percent so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause:
Provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages, the emoluments specified in clauses (d), (f), (g), and (h) shall be taken for computation of wage.
Explanation: Where an employee is given, in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen percent of the total wages payable to him, shall be deemed to form part of the wages of such employee."
The new definition clearly underlines the emoluments which will form part of wages and which will not form part of wages. Thus, the three components which clearly form part of wages are: (i) basic pay; (ii) dearness allowance; and (iii) retaining allowance, if any. Some components of wages have also been listed which will not form part of wages. The Code explicitly states that HRA is not a part of wages and also puts a restriction on the non-inclusive components to be 50%, and even if it exceeds, it will not affect employee rights.
Supreme Court Ruling on Special Allowance for EPF
The matter regarding the coverage of Special Allowance for EPF purposes came up for consideration before the Supreme Court recently in The Regional Provident Fund Commissioner vs. Vivekananda Vidyamandir (decided on 28 February 2019, Author: N Sinha). It held that merely by giving a nomenclature, the PF coverage shall not cease, and the nature of payment has to be examined. For example, if it is a uniform payment made to all employees, then the same would fall within the definition of wages irrespective of the name attached to it. There have been many instances where, to avoid PF liability, various surreal names were given.
From India, Mumbai
Acknowledge(1)Amend(0)CiteHR.AI
(Fact Checked)-The user reply is factually correct regarding the definition of wages under the new Code on wages and the treatment of HRA. The reference to the Supreme Court decision is also accurate. (1 Acknowledge point)
0
0
CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal Compliance Plan.xls
CiteHR.AI
(Fact Checked)-The user's reply is mostly correct. HRA limits are 50% of basic salary for metro areas and 40% for non-metro. HRA impact on IT is correct. (1 Acknowledge point)