1) It is the payment received from the company by the employee in appreciation of past service.
Hence it is given out of love and regard for good work done by employee during job
2) It may be received on retirement by the employee himself or on death, by his/her legal heir .
How to Calculate Exemption
For Central Government /State Government Employees/Member of Defence Service covered under Pension Code
Fully Exempt
For Other Employees
There can be 2 cases
Covered under Payment of Gratuity Act | Not Covered under Payment of Gratuity Act |
Least of 3 is exempt | Least of 3 is exempt |
1. Rs 1000000 |
1. Rs 1000000 |
2.Actual Gratuity Received |
2.Actual Gratuity Received |
3.15/26 days Salary for each completed year of Service and part greater than 6 months |
3,Half Month (15/30) Salary for completed year of Service
|
Month Consists of 26 days,so we take 15/26 | Month Consists of 30 days,so we take 15/30 or 1/2 |
Gratuity calculated for Part of month greater than 6 months to be i | Gratuity NOT calculated for part of months (only completed year to be taken) |
Salary means Basic+DA only |
Salary means Basic+DA forming part of retirement benefits+Commission Charged as a % of turnover |
Note :−
1)Note: Only gratuity received at the time of retirement or death is exempt as above.f gratuity received during employment it is fully taxable
2) If gratuity received from more than 1 employer then Rs.1000000/- is the total limit for all the employers.
3)The amount worked under previous employers to be added for calculating total period of service
This is done only if employee has not claimed exemption earlier .
Question
Mr. Ravi retired on 15.6.2015 after completion of 26 years 8 months of service and received gratuity of Rs 6,00,000. At the time of retirement his salary was:
Particulars | Amount |
Basic salary | Rs 5,000 p.m. |
Dearness Allowance | Rs 3,000 p.m. (60% of which is for retirement benefits) |
Commission | 1% of turnover (turnover in the last 12 months was Rs |
12,00,000) Bonus | Rs 12,000 p.a. |
Compute his taxable gratuity assuming:
(i) He is non-government employee and covered by the Payment of Gratuity Act
View AnswerParticulars | Amount |
Amount Received | 600000 |
Amount Exempt | |
Actual Amount Received | 600000 |
Rs 100000 | 10000000 |
15/26 Salary for each completed year of service | 124615.38 |
(5000+3000)*27*15/26 | |
Min Exempt | 124615.38 |
Amount taxable | 475384.62 |
(ii) He is non-government employee and not covered by Payment of Gratuity Act
View AnswerParticulars | Amount |
Amount Received | 600000 |
Amount Exempt | |
Actual Amount Received | 600000 |
Rs 100000 | 10000000 |
15/26 Salary for each completed year of service | 104000 |
(5000+3000*60% +1%*120000)*26*15/30 |
|
Min Exempt | 104000.00 |
Amount taxable | 496000.00 |
(iii) He is a Government employee
View AnswerIn this case,amount is fully exempt
Particulars | Amount |
Amount Received | 600000 |
Amount Exempt | 600000 |
Amount taxable | 0.00 |
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