Comprehensive Guide to Perquisites and Profits in Lieu of Salary Under the Income Tax Act

Perquisites

Comprehensive Guide to Perquisites and Profits in Lieu of Salary Under the Income Tax Act

Perquisites

In India, an individual’s earnings extend beyond just their basic salary or wages. The Income Tax Act, 1961, categorizes additional financial benefits into Perquisites and Profits in Lieu of Salary, both of which are subject to taxation under specified conditions. Gaining a clear understanding of these aspects allows employees and employers to strategically plan their tax obligations.

What are Perquisites?

Perquisites, as defined under Section 17(2) of the Income Tax Act, refer to extra benefits or advantages that an employer provides to an employee in addition to their regular salary. These perks may be in cash or kind and are typically taxable, except in cases where the Act grants specific exemptions.

Classification of Perquisites

Perquisites are broadly divided into two categories:

1. Exempt Perquisites

These are specific benefits that are either partially or fully exempt from taxation if certain conditions are met.

  • Rent-Free or Concessional Accommodation: If provided by the employer, exemptions may apply based on the employee’s salary structure and location.

  • Medical Benefits: Treatment in employer-run or government hospitals is non-taxable. Additionally, reimbursement for medical expenses abroad is exempt up to prescribed limits.

  • Health Insurance Contributions: Employer-paid premiums for group health insurance policies covering employees and their families are tax-exempt.

  • Employer-Provided Electronic Devices: Laptops and mobile phones provided by the employer for professional or personal use are tax-free.

  • Provident Fund Contributions: Employer contributions to Recognized Provident Fund (RPF) and Public Provident Fund (PPF) within specified limits are exempt from taxation.

  • Superannuation Fund Contributions: Contributions up to ₹1.5 lakh per year to an approved superannuation fund remain tax-free.

  • Leave Travel Concession (LTC): Travel expenses incurred within India by employees and their families are tax-exempt twice in a block of four years under specific conditions.

2. Taxable Perquisites

Certain perquisites offered by employers are considered part of an employee’s taxable salary.

  • Rent-Free or Subsidized Accommodation: If the accommodation is employer-owned, taxation is determined based on location—15% of salary for metro cities and 10% for other locations.

  • Employer-Provided Vehicle: If the employer bears fuel and maintenance costs, such expenses become part of the employee’s taxable income.

  • Interest-Free or Low-Interest Loans: The taxable value is the difference between the interest rate charged by the employer (if any) and the prevailing State Bank of India lending rate. Loans up to ₹20,000 are exempt.

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

Profits in lieu of salary encompass payments made to an employee as a substitute for regular salary. These payments are considered salary income and are subject to taxation as per applicable income tax slab rates.

Common Instances of Profits in Lieu of Salary

  • Compensation for Job Termination: Payments received upon resignation, dismissal, or involuntary retirement (subject to exemption limits under Section 10(10C)).

  • Payment Due to Changes in Employment Terms: Any compensation received as a result of modifications in employment conditions, such as a reduction in benefits or demotion.

  • Payments from Employer or Third Parties: Any financial sum received from an employer or an affiliated entity concerning employment.

  • Payouts from a Keyman Insurance Policy: Amounts received by an employee or their legal heir from a Keyman Insurance Policy taken by the employer.

  • Post-Employment Payments: Deferred bonuses, gratuity beyond exemption limits, and any other amounts received after retirement but linked to previous service.

  • Pre-Employment and Post-Employment Payments: Signing bonuses and severance packages granted before joining or after leaving employment.

Key Exemptions and Deductions

While most profits in lieu of salary are taxable, certain exemptions can reduce tax liability:

  • Gratuity Exemption (Section 10(10)): A portion of gratuity is tax-free, depending on the duration of service and employer category.

  • Leave Encashment Exemption (Section 10(10AA)): Employees who encash unused leave at retirement or resignation may qualify for full or partial tax exemption.

  • Voluntary Retirement Scheme (VRS) Benefits (Section 10(10C)): VRS compensation up to ₹5,00,000 is tax-free if it meets prescribed conditions.

Perquisites

Differentiating Salary, Perquisites, and Profits in Lieu of Salary

CategoryDescriptionTaxabilityExamples
SalaryFixed payment for services renderedFully taxable under ‘Income from Salaries’Basic salary, dearness allowance, commissions
PerquisitesAdditional employer-provided benefitsSome are taxable, others are exemptRent-free housing, company car, provident fund contributions
Profits in Lieu of SalaryCompensation received instead of salaryTaxed as ‘Salary Income’Severance pay, VRS benefits, deferred bonuses

A thorough understanding of Perquisites and Profits in Lieu of Salary is essential for employees and employers alike. While perquisites offer additional financial advantages, they may be subject to tax based on the benefit type. Similarly, profits in lieu of salary—arising from employment termination, job modifications, or deferred payments—are also taxable but may be eligible for exemptions. By strategically structuring compensation packages and utilizing available exemptions, individuals can optimize tax efficiency and financial planning.

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Simplified Taxation for Small Businesses: A Guide to Section 44AD

Section 44AD

Simplified Taxation for Small Businesses: A Guide to Section 44AD

Section 44AD

Tax compliance in India can be a daunting task, particularly for small businesses. Maintaining detailed financial records and going through complex tax computations can be time-consuming and costly. To simplify tax procedures and reduce the compliance burden, the Income Tax Act introduced the Presumptive Taxation Scheme under Section 44AD. This provision allows small businesses to pay tax on a predetermined percentage of their turnover, eliminating the need for extensive bookkeeping and audits.

Who Can Opt for Section 44AD?

Section 44AD is applicable to specific taxpayers, including:

  • Resident Individuals

  • Hindu Undivided Families (HUFs)

  • Partnership Firms (excluding LLPs)

To qualify, the total turnover or gross receipts of the business should not exceed ₹2 crores in a financial year. However, if at least 95% of the business transactions are conducted digitally, the turnover threshold is extended to ₹3 crores.

Businesses Not Eligible for Section 44AD

Certain categories of businesses and professions are excluded from this scheme:

  • Professionals covered under Section 44AA (such as doctors, accountants, engineers, etc.).

  • Individuals earning commission or brokerage income.

  • Businesses operating as agencies.

Presumptive Income Calculation

Under this scheme, income is presumed based on a percentage of the turnover or gross receipts:

  • 8% for cash transactions.

  • 6% for digital receipts (payments received via banking channels on or before the due date under Section 139(1)).

If digital receipts are received after the due date, the presumptive income will be 8% instead of 6%.

Important Considerations

  • Taxpayers opting for Section 44AD cannot claim deductions under Sections 30 to 38 of the Income Tax Act.

  • Depreciation on assets is deemed to have been allowed automatically.

  • Current year and brought forward losses can be set off against presumptive income.

Advance Tax Requirement

Unlike other businesses that pay advance tax in installments, taxpayers under Section 44AD need to pay the entire advance tax in one installment by March 15 of the financial year.

Bookkeeping and Audit Requirements

Opting for Section 44AD simplifies compliance by eliminating the need to maintain detailed books of accounts or undergo an audit. However, these requirements become mandatory under the following circumstances:

  1. If the taxpayer declares profits lower than 8% (or 6% for digital transactions).

  2. If the taxpayer opts out of the scheme after opting in, they cannot re-enter the scheme for the next five financial years.

  3. If the total taxable income exceeds the basic exemption limit, maintaining books and undergoing a tax audit under Section 44AB becomes compulsory.

Conclusion

Section 44AD provides small businesses with a simplified taxation structure, reducing their compliance burden while ensuring tax obligations are met. By eliminating the need for extensive bookkeeping, this scheme makes tax filing easier and more cost-effective. However, taxpayers must carefully assess their financial position before opting in, as exiting the scheme restricts re-entry for a five-year period. For businesses seeking ease of tax compliance, Section 44AD remains a valuable option.

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Budget 2025: No Tax on Income Up to ₹12 Lakhs – Key Updates & Calculation

Budget 2025

Budget 2025: No Tax on Income Up to ₹12 Lakhs – Key Updates & Calculation

Budget 2025

In the Union Budget 2025, the Finance Minister introduced a groundbreaking change in the tax structure, allowing individuals with an annual income of up to Rs. 12 lakh to pay no income tax. This is not due to an increase in the basic exemption limit but is achieved through an extended rebate under Section 87A of the Income Tax Act. Under this provision, taxpayers with incomes up to Rs. 12 lakh will receive a rebate equal to their tax liability, making their tax outflow nil. However, special rate incomes such as short-term capital gains are not eligible for this rebate. The budget also introduces marginal relief for those exceeding Rs. 12 lakh slightly, preventing a disproportionate tax burden.

Understanding NIL Tax on Rs. 12 Lakh Income

How is Tax Exempted Despite the Basic Exemption Limit Being Rs. 4 Lakh?

The tax exemption up to Rs. 12 lakh does not indicate an increase in the basic exemption limit. Instead, it is achieved through Section 87A, which provides a rebate to taxpayers whose income does not exceed Rs. 12 lakh.

Who is Eligible for the Rebate Under Section 87A?

The rebate under Section 87A applies to resident individuals whose taxable income is up to Rs. 12 lakh. However, Hindu Undivided Families (HUFs), non-resident taxpayers, and firms are not eligible for this rebate.

Tax Computation Illustrations

Example 1: NIL Tax on Rs. 12 Lakh Income

Scenario: Ms.Latha, a retired banker, has the following income sources:

  • Pension: Rs. 7,75,000

  • Interest Income: Rs. 3,50,000

  • Dividend Income: Rs. 1,50,000

Tax Calculation:

ParticularsAmount (Rs.)Tax RateTax (Rs.)
Net Pension Income (after standard deduction)7,00,000
Interest & Dividend Income5,00,000
Total Taxable Income12,00,000
Tax Slab: Up to Rs. 4,00,000NILNIL
Rs. 4,00,000 – 8,00,0005%20,000
Rs. 8,00,000 – 12,00,00010%40,000
Total Tax Payable60,000
Rebate under Section 87A(60,000)
Net Tax PayableNIL

Example 2: Tax Liability on Special Rate Income

Scenario: Mr. Rahul earns a salary of Rs. 9,00,000 and has short-term capital gains (STCG) of Rs. 3,00,000.

Tax Calculation:

ParticularsAmount (Rs.)Tax RateTax (Rs.)
Gross Salary Income9,00,000
Standard Deduction(75,000)
Taxable Salary8,25,000
Tax on Salary22,500
Rebate under Section 87A(22,500)
Tax on Salary after RebateNIL
Tax on STCG (20% on Rs. 3,00,000)60,000
Total Tax Payable60,000

 

Since capital gains are taxed at a special rate, they do not qualify for the rebate under Section 87A.

Marginal Relief for Incomes Slightly Above Rs. 12 Lakh

If an individual’s income slightly exceeds Rs. 12 lakh, marginal relief ensures that the tax increase is not excessive.

Example 3: Tax Calculation With Marginal Relief

Scenario: Mr. Ajay earns Rs. 14,00,000 and his employer contributes Rs. 1,00,000 to NPS (Section 80CCD(2)).

Tax Calculation

ParticularsAmount (Rs.)Tax RateTax (Rs.)
Gross Salary14,00,000
Standard Deduction(75,000)
Employer NPS Contribution(1,00,000)
Taxable Salary12,25,000
Tax up to Rs. 12,25,00063,750
Marginal Relief(38,750)
Final Tax Payable25,000

 

Understanding Marginal Relief

  • Since Mr. Ajay’s income exceeds Rs. 12 lakh by Rs. 25,000, he is entitled to marginal relief.

  • His total tax after relief is limited to Rs. 25,000 instead of the full tax liability.

  • Marginal relief applies only up to Rs. 12,70,587; beyond this, normal tax rates apply.

Budget 2025

Key Highlights of the New Tax Regime

  1. Higher basic exemption limit: Rs. 4 lakh.

  2. Standard deduction: Rs. 75,000 for salaried employees and pensioners.

  3. Rebate under Section 87A extended: Up to Rs. 12 lakh.

  4. Special rate income (capital gains) excluded from rebate eligibility.

  5. Marginal relief available for incomes slightly exceeding Rs. 12 lakh.

  6. Limited deductions allowed:

    • Standard deduction (Rs. 75,000).

    • Employer’s NPS contribution under Section 80CCD(2).

    • Certain allowances for disabled employees and transport expenses.

The NIL tax on income up to Rs. 12 lakh is implemented through an enhanced rebate under Section 87A, not by increasing the basic exemption limit. However, taxpayers with special rate incomes (capital gains, etc.) will still have to pay tax on such earnings. Additionally, marginal relief ensures that those earning slightly above Rs. 12 lakh do not face an excessive tax burden. Taxpayers should carefully evaluate their income sources and deductions to maximize their tax savings under the new tax regime.

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