Hi, I spent 3.7 years in my company, which recently closed down. In lieu of gratuity, they paid me the amount as ex gratia for 4 years and deducted TDS on the same. Can I claim tax relief for the same?
Regards, Enigma
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Regards, Enigma
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Gratuity can be received by the employee at the time of their retirement or by their legal heir in the event of the employee's death. Gratuity received by an employee upon retirement is taxable under the head "Salary," and gratuity received by the legal heir is taxable under the head "Income from Other Sources."
In both of the above situations, gratuity up to a specified limit is exempt under the provisions of sec.10(10) of the Income Tax Act, 1961.
Categories of Employees for Gratuity Exemption
For the purpose of exemption of gratuity under sec.10(10), employees are divided into three categories:
1. **Government Employees** - In the case of government employees, the entire amount of death-cum-retirement gratuity is exempt from tax, and nothing is taxable under the head Salaries.
2. **Employees Covered Under the Payment of Gratuity Act, 1972** - Employees covered under the Gratuity Act who receive gratuity have been given an exemption, which is the minimum of the following amounts. Gratuity received in excess of the minimum of the amounts mentioned below is included in the gross salary for taxation purposes. The amount of gratuity actually received is fifteen days' salary (seven days in the case of seasonal employment) for every completed year of service, provided the employment is more than six months.
3. **Other Employees** - In the case of other employees, the gratuity received or receivable on retirement, becoming incapacitated prior to retirement, termination of employment, or any gratuity received by heirs is exempt to the extent of the minimum of the following amounts. The amount received in excess of the sums mentioned below is included in the gross salary of the employee for taxation purposes. The actual amount of gratuity received is half a month's average salary for every completed year of service. (Average salary means the average of the salary drawn by the employee for the 10 months immediately preceding the month in which they retire).
Regards,
Ashish
From India, Pune
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176In both of the above situations, gratuity up to a specified limit is exempt under the provisions of sec.10(10) of the Income Tax Act, 1961.
Categories of Employees for Gratuity Exemption
For the purpose of exemption of gratuity under sec.10(10), employees are divided into three categories:
1. **Government Employees** - In the case of government employees, the entire amount of death-cum-retirement gratuity is exempt from tax, and nothing is taxable under the head Salaries.
2. **Employees Covered Under the Payment of Gratuity Act, 1972** - Employees covered under the Gratuity Act who receive gratuity have been given an exemption, which is the minimum of the following amounts. Gratuity received in excess of the minimum of the amounts mentioned below is included in the gross salary for taxation purposes. The amount of gratuity actually received is fifteen days' salary (seven days in the case of seasonal employment) for every completed year of service, provided the employment is more than six months.
3. **Other Employees** - In the case of other employees, the gratuity received or receivable on retirement, becoming incapacitated prior to retirement, termination of employment, or any gratuity received by heirs is exempt to the extent of the minimum of the following amounts. The amount received in excess of the sums mentioned below is included in the gross salary of the employee for taxation purposes. The actual amount of gratuity received is half a month's average salary for every completed year of service. (Average salary means the average of the salary drawn by the employee for the 10 months immediately preceding the month in which they retire).
Regards,
Ashish
From India, Pune
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Ex Gratia Payments and Tax Implications
If payment is made as ex-gratia or voluntarily by an employer out of their own free will and not conditioned by any legal duty or obligation, whether for sympathetic reasons or otherwise, such payment is not to be treated as 'profits in lieu of salary' under sub-clause (i) of section 17(3) of the Income-tax Act.
In a nutshell, ex gratia paid is taxable as per the Income Tax Act.
From India, Ahmadabad
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If payment is made as ex-gratia or voluntarily by an employer out of their own free will and not conditioned by any legal duty or obligation, whether for sympathetic reasons or otherwise, such payment is not to be treated as 'profits in lieu of salary' under sub-clause (i) of section 17(3) of the Income-tax Act.
In a nutshell, ex gratia paid is taxable as per the Income Tax Act.
From India, Ahmadabad
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