Is Gratuity Taxable

nrawat1983
Hi,
As the maximum limit of Gratuity is 10 Lacs, Can anybody confirm that the gratuity amount is taxable under Income Tax or not?
Regards
Narender
Madhu.T.K
To the extent of maximum limit of gratuity as per Payment of Gratuity Act, it is not taxable. However, any amount paid by the employer over and above Rs 10 lakhs (as per present law) will be taxable.
Regards,
Madhu.T.K
nrawat1983
Dear Ms. Madhu,
Thanks for the information.
If any organisation is giving 20 days gratuity.In this case, 5 day's amount is taxable or not??
Because only 15 days is mandatory according gratuity act.
Madhu.T.K
It is not the 5 days wages part but the total amount in excess of Rs 10 lakhs that will become taxable. However, you can take expert opinion from Chartered Accountants or Financial Experts about the treatment of taxable portion of gratuity that if an employer pays gratuity @ 20 days for every completed year of service as against 15 days, will that 5 days paid in excess of what is stated in the Act be treated as taxable.
Regards,
Madhu.T.K
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