Friday, 29 April 2016

About Perquisites Taxation - Part I




Following our discussion last week on allowances, this week we would focus on deductions available for perquisites. The basic difference between perquisites and allowances is that perquisites are non-cash benefits received from employer. The employee can only enjoy the benefit of the same and not receive any cash for it.

The details of perquisites benefits available under Sec 17 are as follows: 

Details of sub section under Section 17
Details of Perquisites
Taxable value of Perquisites
2 (i)(ii)
Unfurnished rent free accommodation
A. If House Property is owned by the employer:
·   15% of salary, if population of city where accommodation is provided exceeds 25 lakhs as per 2001 census
·   10% of salary, if population of city where accommodation is provided exceeds 10 lakhs but does not exceed 25 lakhs as per 2001 census
·   7.5% of salary, if accommodation is provided in any other city
B. If House Property is taken on lease or rent by the employer, the perquisite value shall be :
Lower of following :
·   Lease rent paid or payable by the employer or
·   15% of the salary
*Salary includes: Basic Pay + DA+ Bonus + Commission + Taxable allowances
2 (i)
Rent Free Furnished Accommodation
Add 10% to taxable value of unfurnished accommodation of original cost of furniture and fixtures or actual charges paid
2 (i)
Furnished accommodation in Hotel
The accommodation should be due to work transfer and should be less than 15 days in any financial year.
Lower of following
·         Actual cost paid or payable by employer
·         24 % of salary
2 (iii)
Services of a domestic servant including sweeper, gardener, watchmen or personal attendant for specified employees
Salary paid to these domestic helpers less any amount charged on employee, would be taxable perquisites
2 (iii)
Supply of gas, electricity or water for house for specified employees
Value of manufacturing cost per unit incurred by employer or amount paid to outside agency, incase purchased by employers.
2 (iii)
Motor Car / Other conveyance
·    The basic decision of taxable perquisites for motor car depends upon whether the vehicle is owned by employee or employer, who pays the maintenance costs and what is the engine capacity.  It further depends if you are using the vehicle completely for official purposes or for personal uses.
·    In any case, if the vehicle is used only for official purposes, the perquisite is completely tax exempt on maintenance of certain documents. For detailed info, please contact your CA

  2 (iii)
Education Facilities
In school owned by employer or any other school, cost of school fess less Rs.1000 per child  is taxable
For any reimbursement received towards fees, training is completely taxable.
2 (vi)
ESOP/ Sweat Equity Shares
Fair Market value of the shares less the amount paid by employee to acquire them
Fair market price is average of opening and closing on date of exercise of option.
2 (viii)
Interest free Loan or concessional rate
· Find out the outstanding monthly balance
· Find out rate of interest charged by the SBI in respect of loan for the same purpose advanced by it;
· Calculate interest for each month of the previous year on the outstanding amount at the above rate of interest.

2 (viii)
Food and beverages provided by employer
Meals beyond Rs 50 per meal are fully taxable

It does not include :

a)   Food and non-alcoholic beverages provided during working hours in remote area or in an offshore installation;
b)   Tea, Coffee or Non-Alcoholic beverages and Snacks during working hours
c)   Food in office premises or through non-transferable paid vouchers usable only at eating joints provided by an employer if cost to the employer is Rs. 50(or less) per meal.




The remaining perquisites would be covered in the coming week of the write up.

Friday, 22 April 2016

Deductions under IT Act 1961 for Salaried Persons - Allowances



Salaried people formulate a huge amount of tax paying community in India. Thus, it is necessary to make every possible to save their taxes. To make this alternative workable we need to understand the various components that constitute the salary. The following list of allowances and perquisites will help you to take maximum benefit of your existing salary structure. The allowances under Section 10 and perquisites under Section 17 of IT Act,1961. 

In this write up, we would cover up the different allowances allowable under Sec 10 and the various benefits, the salaried can avail to reduce their tax burden. Although, one does not avail all the benefits, it is useful in case you have a choice to design your own CTC structure. The perquisites benefits we would study in the coming week.

Sub Section under section 10 in IT Act
Details of Allowances
Benefit available
13A
House Rent Allowance
Least of the following is exempt :
a)   Actual HRA Received from the company
b) 40% of Salary (i.e. Basic + Dearness Allowance+ Commission on Sales
(50%, if house situated in Mumbai, Calcutta, Delhi or Madras)
c)   Actual Rent paid minus 10% of salary
14
Children Education Allowance
Rs. 100 maximum per month per child up to a maximum of 2 children
14
Hostel Expenditure Allowance
Rs. 300 maximum per month per child up to a maximum of 2 children
14
Transport Allowance
a)Given only in case of travel from place of residence to place of  work
b)Rs 1600 per month is exempt
14
Transport Allowance
a)  Only for people in transport business during the working for his personal expenditure while travelling from one place to another, in case if he does not receive daily allowance
b)  The benefit would be lower of
·         70% of actual allowance or
·         Rs 10000 pm
14
Conveyance Allowance or any expenses incurred in tour or on transfer
a)   Given to meet the expenditure on conveyance in performance of duties of an office
b)   The amount actually spent is exempted
14
Daily allowance
a)  Expense incurred due to absence from his work.
b)  The entire expenditure spent is exempted.
14
Helper allowance
a)  Any duties performed by any helper in course of duties at work.
b)  The entire expenditure spent is exempted.
14
Research Allowance
a)  Any research allowed in academics or other professional pursuits.
b)  The entire expenditure spent is exempted.
14
Uniform Allowance
a)  Expenditure incurred to purchase or maintain office uniform during the performance of duties
b)  The entire expenditure spent is exempted.

Beyond the above regular allowances, there are certain allowances which are specific to certain locations and roles of employees.

Sub Section under section 10 in IT Act
Details of Allowances
Benefit available
14
Special compensatory Allowance (Hilly Areas)
a)  The exempt amount varies from Rs. 300 pm to Rs. 3000 pm.
14
Border area allowances, Remote Locality allowance
a)  The exempt amount varies from Rs. 200 pm to Rs. 1300 pm.
14
Tribal area allowance given in (a) Madhya Pradesh (b) Tamil Nadu (c) Uttar Pradesh (d) Karnataka (e) Tripura (f) Assam (g) West Bengal (h) Bihar (i) Orissa
a)  The exempt amount is Rs 200 per month
14
·     Compensatory Field Area Allowance – can be claimed only if border area allowance not availed
·     Compensatory Modified Area Allowance.

Rs 2600 pm



Rs 1000 pm
14
Counter Insurgency Allowance  for members of armed forces in case working away from their permanent locations

Rs 3900 pm
14
Underground allowance made available to mine workers working in unnatural conditions

Up to Rs 800 pm
14
High altitude allowance for Armed forces
a) Up to Rs. 1,060 per month (for altitude of 9,000 to 15,000 feet)

b) Up to Rs. 1,600 per month(for altitude above 15,000 feet)

14
Highly active  field area allowance 

Rs 4200 pm
14
Special allowance for armed forces working in Andaman & Nicobar Islands 

Rs.3250 pm

Beyond the above, some of special allowances are exempted for government employees,Judges or members of UPSC services.