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Is Gratuity Taxable In India?

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0 2023-02-23T15:53:17+00:00
Gratuity received by a private employee is taxable if it exceeds Rs. 20 lakhs if an employee is under the Payment of Gratuity Act, 1972. Any amount received as a gratuity for an employee not covered under the act is taxable if it exceeds Rs. 10 lakhs. And for government employees, the gratuity amount is entirely exempt from tax.

Hi, Buddy, let me clarify your doubt about, “is gratuity taxable in India?” The employer will provide a monetary gratuity to an employee when they have completed five years of service. It's a monetary component of the benefits package that can also be used towards retirement.

In his or her lifetime, the average person works for about 30-35 years, often retiring only after they reach a specific age. Given the amount of time spent at work, it's normal for employees to expect some sort of reward, which may be in the form of a retirement bonus. Gratuity is one type of appreciation that expresses gratitude to employees for their contributions to an organisation's growth and development.

IT exemptions for government employees gratuities

Now let us focus on, is gratuity amount taxable? The gratuity received by government employees on their superannuation, or termination is tax-free under current laws. This applies to employees of both the state and federal governments, as well as those in the defence sector and those employed by any local government.

Gratuity tax exemptions for private-sector employees:

Gratuity tax exemptions for private-sector employees are dependent on whether they are covered by the Payment of Gratuity Act of 1972. On the basis of these factors, different tax treatment is provided.

Employees in the private sector who are covered by the Act include:

Employees who are protected by the Act are entitled to a tax-free gratuity, subject to specific circumstances.

A gratuity received by an individual will be considered part of his or her pay, making it taxable under current legislation. However, this tax is limited since the government provides tax exemptions on gratuities earned under certain situations. Gratuities received by a nominee/heir on the death of an employee are subject to taxation, as they fall under the "Income from other sources" heading.

The following three alternatives are tax-free:
  • For each year completed, a gratuity of Rs 10 lakhs 

  • or a salary equivalent to 15 days of service 

  • or the actual gratuity received

If the gratuity amount exceeds the exemption limit, it will be taxed according to the current laws.

Employees in the private sector who are not protected by the Act include:

Employees who are not covered by the Payment of Gratuity Act are also eligible for certain exclusions, which must include at least one of the following:

  • Received gratuity in full

  • A ten-lakh-rupee gratuity

  • For each year of service, an amount equal to half a month's wage is paid.

Any amount in excess of the aforementioned minimum is subject to taxation. I hope, with this answer I am able to clarify your doubt about, is gratuity taxable in India?

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