Income Tax for Salaried Income – Frequently asked questions – Published by Income Tax of India
What is considered as salary income?
section 17 of the Income-tax Act defines the term ‘salary’.
However, not going into the technical definition, generally whatever is
received by an employee from an employer in cash, kind or as a facility
[perquisite] is considered as salary.
What are allowances? Are all allowances taxable?
Allowances are fixed periodic amounts, apart from salary, which are
paid by an employer for the purpose of meeting some particular
requirements of the employee. E.g., Tiffin allowance, transport
allowance, uniform allowance, etc.
There are generally three types of allowances for the purpose of
Income-tax Act – taxable allowances, fully exempted allowances and
partially exempted allowances.
My employer reimburses to me all my expenses on grocery and children’s education. Would these be considered as my income?
Yes, these are in the nature of perquisites and should be valued as per the rules prescribed in this behalf.
During the year I had worked with three different employers and
none of them deducted any tax from salary paid to me. If all these
amounts are clubbed together, my income will exceed the basic exemption
limit. Do I have to pay taxes on my own?
Yes, you will have to pay self-assessment tax and file the return of income.
Even if no taxes have been deducted from salary, is there any need for my employer to issue Form-16 to me?
Form-16 is a certificate of TDS. In your case it will not apply. However, your employer can issue a salary statement.
Is pension income taxed as salary income?
Yes. However, pension received from the United Nations Organisation is exempt.
Is Family pension taxed as salary income?
No, it is taxable as income from other sources.
If I receive my pension through a bank who will issue Form-16 or pension statement to me- the bank or my former employer?
The bank.
Are retirement benefits like PF and Gratuity taxable?
In the hands of a Government employee Gratuity and PF receipts on
retirement are exempt from tax. In the hands of non-Government employee,
gratuity is exempt subject to the limits prescribed in this regard and
PF receipts are exempt from tax, if the same are received from a
recognised PF after rendering continuous service of not less than 5
years.
Are arrears of salary taxable?
Yes. However, the benefit of spread over of income to the years to
which it relates to can be availed for lower incidence of tax. This is
called as relief u/s 89 of the Income-tax Act.
Can my employer consider relief u/s 89 for the purposes of calculating the TDS from salary?
Yes, if you are a Government employee or an employee of a PSU or
company or co-operative society or local authority or university or
institution or association or body. In such a case you need to furnish
Form No. 10E to your employer
My income from let out house property is negative. Can I ask my
employer to consider this loss against my salary income while computing
the TDS on my salary?
Yes, however, losses other than losses under the head ‘Income from
house property’ cannot be set-off while determining the TDS from
salary.
Is leave encashment taxable as salary?
It is taxable if received while in service. Leave encashment received
at the time of retirement is exempt in the hands of the Government
employee. In the hands of non-Government employee leave encashment will
be exempt subject to the limit prescribed in this behalf under the
Income-tax Law.
Are receipts from life insurance policies on maturity along with bonus taxable?
As per section 10(10D), any amount received under a life insurance
policy, including bonus is exempt from tax. However, following receipts
would be subject to tax:
Any sum received under sub-section (3) of section 80DD; or
Any sum received under Keyman insurance policy; or
Any sum received in respect of policies issued on or after April
1st, 2003, in respect of which the amount of premium paid on such policy
in any financial year exceeds 20% (10% in respect of policy taken on or
after 1st April, 2012) of the actual capital sum assured; or
Any sum received for insurance on life of *specified person (issued
on or after April 1st 2013) in respect of which the amount of premium
exceeds 15% of the actual capital sum assured.
* Any person who is –
i) A person with disability or severe disability specified under section 80U; or
ii) suffering from disease or ailment as specified in the rule made under section 80DDB.
Following points should be noted in this regard:
Exemption is available only in respect of amount received from life insurance policy.
Exemption under section 10(10D) is unconditionally
available in respect of sum received for a policy which is issued on or
before March 31, 2003.
Amount received on the death of the person will continue to be exempt without any condition