Featured Post

TNTET 2017 BREAKING NEWS

TNTET 2017 BREAKING NEWS | ஆசிரியர் தகுதித்தேர்வு நடத்த அனைத்து ஏற்பாடுகளும் தயார்...ஓரிரு நாட்களில் முறையான அறிவிப்பு வெளியாகிறது...| விண்ண...

Wednesday, February 19, 2014

PERQUISITES

PERQUISITES
Specified employee — Sec. 17(2)(iii)
  • Director of the company or
  • Employee having 20% or more voting power in the employer company or
  • Employee having salary* more than Rs. 50000
* Salary means all taxable monetary benefit after deduction u/s 16
  1. RENT FREE ACCOMMODATION
Unfurnished Accommodation
Government Employees As per govt. rules:

Licenses Fees less 

Rent recovered form employee

Other Employees
In Hotel

24% of salary or actual
 charges whichever is less

** nothing taxable if
 accommodation is
provided not more than
15 days and on transfer
of employee from one
place to another
Owned by employer

Not owned by employer (on lease or rent)
As per 2001 census

As per 2001 census
Population >25 lakhs
10 lakh < Population < 25 lakh
Population up to 10 lakhs
15%**
10%**
7.5%**
Actual rent or 15% of salary whichever is lower
  The above is applicable only for unfurnished house
**% on amount of salary (less) Rent actually paid by employee
Furnished House
If the furniture (TV, washing machine) is provided then 10% p.a of cost of furniture or actual hire charges if taken on rent shall be added with unfurnished house.
Salary = basic salary + DA + bonus (current year) + commission + taxable portion of all allowance + monetary payment from employer other than PF (not include perquisites)
  1. VALUATION OF PROVISION OF DOMESTIC SERVANTS
Servant appointed by
Servant’s salary paid by
Value of perquisite
Taxable in the hands of
Employee or Employer
Employee
Nil
Not applicable
Employee or Employer 
Employer
Actual cost incurred by the employer on the servant
All employees
  1. VALUATION OF SUPPLY OF GAS, ELECTRICITY OR WATER SUPPLIED BY EMPLOYER
Facility in the name of
Value of perquisite
 Taxable in the hands of
Provided from own source
Provided from outside
Employee
Manufacturing cost to the employer
Amount paid to the supplier
All employees
Employer
Manufacturing cost to the
employer
Amount paid to the supplier
Specified employees
  1. VALUATION OF EDUCATIONAL FACILITIES
Facility provided to
Value of perquisite
Taxable in the hand of

Provided in the school owned by the employer
Provided in any other school

Children
Cost of such education in similar school (an exemption of Rs. 1000 p.m. per child is available)
Cost of such education (an exemption of Rs. 1000 p.m. per
child is available)
Specified employee
Other house hold member
Cost of such education in similar school
Cost of such education incurred
Specified employee
  1. VALUE OF LEAVE TRAVEL CONCESSION:
Any concession received by employee for himself or his family for travelling to any place in India is exempt to the extent of amount spent subject to the following conditions:
  1. Exemption only for two journeys in a block of four years and out of two journeys exemption for one journey can be claimed in the calendar year succeeding the end of the block. [current block: 2010-13]
  2. Exemption only for two children but exemption will be available for all children born before October 1, 1998
Amount of exemption
Situations
Amount of exemption
Where journey is performed by air
Amount of economy class air fare of the national carrier by shortest route or amount spent whichever is less
Where journey is performed by rail
Amount of air conditioned first class rail fare by the shortest route or amount spent whichever is less
Where the place of origin of journey and destination are connected by rail and journey is performed by any other mode of transport
Amount of air-conditioned first class rail fare by the shortest route or amount spent whichever is less.
Where the place of origin of journey and destination are not connected by rail

a) where a recognized public transport exists
First class or deluxe class fair by the shortest route or the amount spent whichever is less
b) where no recognized public transport exists
Air conditioned first class rail fare by shortest route or the amount spent whichever is less.
  1. VALUE OF INTEREST FREE LOAN
* Calculate interest on the basis of SBI lending rates and interest paid by employee. The difference will be the value of perquisite
* Interest on maximum outstanding monthly balance of advance is considered to determine any concession in interest. Maximum outstanding monthly balance means balance of loan on the last day of each month.
* Nothing is taxable if –
- loans in aggregate do not exceed Rs 20,000 or
- loan is provided for a treatment of specified disease (Rule 3A) like neurological diseases, Cancer, AIDS, Chronic renal failure, Hemophilia (specified diseases).
SBI LENDING RATES
The details of interest rate as on 1st April, 2011 is available on www.statebankofindia.com.
  1. VALUE OF PERQUISITE IN RESPECT OF MOVABLE ASSETS
Assets given
Value of benefits
a) Use of laptops and computers
Nil
b) Movable asset other than Laptops and computers
i. 10% p.a. of the actual cost of such asset, or
ii. the amount of rent paid, or payable by the employer
iii. Less: amount recovered from employee.
  1. VALUE OF PERQUISITE IN RESPECT OF MOVABLE ASSETS SOLD TO EMPLOYEE
Assets transferred
Value of perquisites
Computers & electronics
Depreciated value of asset [depreciation is computed @50% on WDV for each completed year of usage] less: amount recovered from employee.
Motor cars
Depreciated value of asset [depreciation is computed @20% on WDV for each completed year of usage] less: amount recovered from employee.
Any other asset
Depreciated value of asset [depreciation is computed @10% on SLM for each completed year of usage] less: amount recovered from employee.
  1. VALUE OF MEDICAL FACILITIES
The following shall not be treated as perquisite —
  1. Medical treatment of the employee or his family (spouse and children, dependent - parents, brothers and sisters): —
  • Provided in any hospital maintained by the employer.
  • Any sum paid by the employer towards expenditure actually incurred by the employee in any hospital: —
— Maintained by employer or Government or Local Authority or any other hospital approved by Central Government for the purposes of medical treatment of its employees;
— Approved by the Chief Commissioner having regard to the prescribed guidelines in respect of prescribed diseases.
  1. Premium paid by an employer by cheque to General Insurance Corporation to effect/keep in force:
  • Insurance on the health of his employees.
  • Medical Insurance Premia.
  1. Any sum, not exceeding Rs.15,000 , paid to any hospital/nursing home/clinic other than(a & b)
  2. Amount payable for treatment Outside India: —
  • Medical expenses — to the extent permitted by RBI.
  • If Gross Total Income (before including the travel expenditure) of the employee, does not exceed Rs. 2,00,000/-, then travel abroad for patient and one attendant — fully deductible. Stay abroad for patient and one attendant - permitted by RBI.
  1. VALUE OF MOTOR CAR
Owned or hired by employer and used
Exclusively for official purpose
Exclusively for private purpose
 Both official and Private Purpose
Nil. If specified documents maintained
Actual Running & Maintenance exp + remuneration of Chauffeur + actual Wear & tear @ 10% p.a of cost or hire charges if car taken on hire charges Less: amount recovered
Running and maintenance borne by *
Employer
Employee
Up to 1.6 ltrs Rs. 1800 p.m +
for chauffeur Rs. 900 p.m
Up to 1.6 ltrs Rs. 600 p.m
+ for chauffeur Rs. 900 p.m
Exceeding 1.6 ltrs
Rs. 2400 p.m + for drivers
Rs. 900 p.m
Exceeding 1.6 ltrs
Rs. 900 p.m + for drivers
Rs. 900 p.m
* Nothing is deductible in respect of any amount recovered from the employee
Owned by employee and used
Exclusively for official purpose
Exclusively for private purpose
Both official and private purpose
 
Nil. If specified documents maintained

Actual expenditure incurred by employer (-) amount recovered from employee

Running and maintenance borne by
Employer
Employee


Actual expenditure (-)
Rs. 900 p.m
No tax
  1. Employer should maintain complete details of journey undertaken for official purpose, which includes date of journey, destination, mileage and amount of expenditure incurred thereon.
  2. Certificate of supervising authority of the employee, wherever applicable, to the effect that the expenditure incurred for wholly and exclusively for performance of official duties, should be provided
MISCELLANEOUS
Free meals during office hours

Free meal in remote area or offshore installation area is not taxable perquisite
Actual cost to the employer in excess of Rs.50 per meal or tea
or snacks
Less: amount recovered from the employee.
(Tea or non-alcoholic beverages and snacks during working
hours is not taxable)
Value of any gift or voucher or taken other than gifts made in cash or convertible into money (e.g. gift cheques) on ceremonial occasion
Value of gift. In case the aggregate value of gift during the
previous year is less than Rs. 5,000, then it is not a taxable perquisite
Expenditure incurred on credit card or add on card including membership fee and annual fees
Actual expenditure to employer is taxable
Less: amount recovered from Employee
If it is incurred forofficial purpose and supported by necessary
documents then it is not taxable.
Expenditure on club other than health club or sports club or similar facilities provided uniformly to all
Actual expenditure incurred by the employer
Less: amount recovered from employee
employees If the expenditure is incurred exclusively for official purposes and supported by necessary documents then it is not taxable.
(Initial fee of corporate membership of a club is not a taxable perquisite)
Any other benefit or amenities or service or right or privilege provided by employer other than telephone or mobile phone
Cost to the employer
Less: amount recovered from employee
PROVIDENT FUND

Statutory provident fund
Recognized provident fund
Unrecognized provident fund
Public Provident Fund
Employer’s contribution to provident fund
Not taxable
Not taxable up to 12 per cent*of salary
Not taxable
Employer does not contribute
Employee’s contribution
Available deduction u/s 80C
Available deduction u/s 80C
Not available
Available deduction u/s 80C
Interest credited
Fully exempt
Exempt up to 9.5% (from 01.04.2001 onwards)
On Employee contribution
- taxable under "income
from other sources"
On Employer contribution – not taxable at the time
of credit.
Exempt from tax
Lump sum payment received at the time of retirement or termination of service or withdrawn
Exempt u/s. 10(11)
Exempt from tax u/s. 10(12) Subject to conditions: not taxable if employee retires after 5 years of service or due to inability of work. Otherwise treated as URPF
Employee’s Contribution
exempt from tax & Interest
thereon is taxable under the head of income from other sources.
Employer’ s contribution
and interest thereon is
taxable as Profits in lieu
of Salary, under" Salaries")
Exempt from tax u/s 10(11)
Notes:
  • "salary" means basic salary. It includes dearness allowance if terms of employment so provide. It also includes commission when determined at a fixed percentage of turnover achieved by an employee.
APPROVED SUPERANNUATION FUND
  • Employers contribution towards an approved superannuation fund is chargeable to tax in the hands of employees to the extent such contribution exceeds Rs. 1 lakh per year.
  • Interest on accumulated fund balance is exempt from tax in employees hands.
Value of any specified security or sweat equity Shares allotted to employee
  1. Specified Security means securities as defined in Section 2(h) of the Securities Contract (Regulation) Act and also includes Employees Stock Option Plan (ESOP).
  2. Sweat equity shares means equity shares issued by a company to its employees or directors at a discount or for consideration other than cash for providing know-how or making available rights in name of Intellectual Property Rights.
  3. Perquisite will be taxable as the difference between the fair market value (FMV) of the shares on the date of exercise of the options less the exercise price.
Calculation of FMV on date of exercising the option
PARTICULARS
FMV
Listed on a recognized stock exchange
Average of opening and closing price on that date
Listed on more than one recognized stock exchanges
Average of opening & closing price of share on the recognised stock exchange which records the highest volume of trading in the share
If no trading in the share on any recognized stock exchange –

If share listed on a recognized stock exchange
Closing price of share on any recognised stock exchange on a date closest to date of exercising the option & immediately preceding such date
If share listed on more than one recognized stock exchanges
Closing price of share on a recognised stock exchange, which records highest volume of trading in such share.
If shares not listed on a recognised stock exchange or any specified security other than equity shares
Such value of share in the company as determined by a merchant banker on the specified date
Note:
  • Where the stock exchange quotes both "buy" and "sell" prices, the opening or closing price shall be the "sell" price of the first settlement

No comments: