Breaking Down Salary Taxation: Taxable vs. Non-Taxable Elements

Salary taxation in India is governed by the Income Tax Act, 1961, which defines salary under Section 17(1) to include various components such as basic salary, bonuses, commissions, allowances, and perquisites. Salaries are taxed based on the earlier occurrence of the due or receipt basis. Factors such as place of accrual and residency status significantly impact the taxation of salary. While some perquisites, like rent-free accommodation and medical reimbursements, enjoy tax exemptions under specific conditions, others, such as subsidized housing and employer-provided vehicles, are fully taxable. Profits in lieu of salary, including severance packages and gratuities, are generally taxable but may qualify for exemptions under sections like 10(10) for gratuities and 10(10AA) for leave encashment. Deductions under Section 16, such as the standard deduction of ?50,000 and professional tax, help in optimizing tax liabilities. A well-structured salary package incorporating available exemptions and deductions can aid in efficient tax planning and compliance.

Introduction

Salary refers to the remuneration an individual receives in return for services rendered under an employer-employee relationship. Under the Income Tax Act, 1961, salary is a broad term encompassing wages, bonuses, commissions, perquisites, and allowances. The taxation of salary income is not solely based on the amount received in the previous year but follows the due or receipt basis, whichever occurs earlier. To determine whether a salary is taxable, it is essential to establish an employer-employee relationship and understand various salary components.

Components of Salary under Section 17(1)

The Income Tax Act classifies salary into multiple components, including:

• Basic Salary or Wages
• Bonuses and Commissions
• Overtime Payments
• Advance Salary and Arrears
• Pension and Annuity
• Gratuity and Leave Encashment
• Retrenchment Compensation and Voluntary Retirement Benefits
• Employer’s Contribution to Recognized Provident Fund
• Amounts received under a notified pension scheme (Section 80CCD)

Basis of Charge for Salary Income (Section 15)

Salaries are taxed based on the earlier occurrence of the due basis or receipt basis. The following types of salary income are taxable in a given year:

1. Salary paid before its due date
2. Salary that becomes due, irrespective of whether it is received
3. Salary arrears received during the financial year, if not taxed earlier

Place of Accrual and Taxability of Salary

The taxability of salary also depends on where the services are rendered:

• Services rendered in India: Salary is taxable in India, irrespective of where the employer is located or the employee’s residential status (Section 9(ii)).
• Tax Residents of India: All salary income, whether earned in India or abroad, is subject to taxation in India.
• Non-Residents: They are taxed only on the income earned or accrued in India (Section 6).
• DTAA Provisions: Double Taxation Avoidance Agreements (DTAA) may influence taxation for individuals receiving salaries from overseas employers.

Deductions from Salary Income (Section 16)

The following deductions are allowed from salary income:

• Standard Deduction: ?50,000 (applicable from AY 2020-21 onwards)
• Professional Tax: Deductible if levied by the state government
• Entertainment Allowance: Deduction for government employees, limited to ?5,000 or 20% of salary or the actual amount received, whichever is lower

Perquisites and Their Taxation (Section 17(2))

Perquisites are additional benefits received by employees apart from their salary. They can be classified as:

Exempt Perquisites

Some perquisites are exempt from taxation under specific conditions:

• Rent-Free Accommodation: Exemptions depend on the employee’s salary and location.
• Medical Benefits: Treatment in government or employer-run hospitals is?tax-free.
• Health Insurance Contributions: Employer-paid premiums for group health insurance are tax-exempt.
• Employer-Provided Electronic Devices: Laptops and mobile phones for official use are exempt.
• Provident Fund and Superannuation Contributions: Exempt up to specified limits.
• Leave Travel Concession (LTC): Domestic travel expenses for employees and family are exempt twice in a four-year block.

Taxable Perquisites

Certain perquisites are taxable and included in salary:

• Rent-Free Accommodation: Taxable based on location (15% of salary in metro cities, 10% in other areas).
• Employer-Provided Vehicle: Taxable if fuel and maintenance are covered by the employer.
• Interest-Free or Low-Interest Loans: Taxable based on the difference between the employer’s interest rate and the prevailing State Bank of India lending rate. Loans up to ?20,000 are exempt.

Profits in Lieu of Salary (Section 17(3))

These payments substitute regular salaries and are taxed as per salary income:

• Compensation on Job Termination (subject to exemption under Section 10(10C))
• Payment Due to Changes in Employment Terms
• Post-Employment Payments (e.g., deferred bonuses, gratuities exceeding exemption limits)
• Severance Benefits and Signing Bonuses
• Payouts from Keyman Insurance Policies
• Payments from Employers or Third Parties

Exemptions for Profits in Lieu of Salary

Certain exemptions help reduce tax liability:

• Gratuity Exemption (Section 10(10)): Tax-free up to specified limits.
• Leave Encashment Exemption (Section 10(10AA)): Tax-free under certain conditions.
• Voluntary Retirement Scheme (VRS) Exemption (Section 10(10C)): Tax-free up to ?5,00,000.

Learn More