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 seek expert opinions from Chartered Accountants or Financial Experts about the treatment of the taxable portion of gratuity. If an employer pays gratuity at 20 days for every completed year of service as opposed to 15 days, will that additional 5 days' pay, exceeding what is stated in the Act, be treated as taxable?
Regards,
Madhu.T.K