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
- RENT
FREE ACCOMMODATION
Unfurnished Accommodation
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Government Employees As per govt. rules:
Licenses Fees less
Rent recovered form employee
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Other Employees
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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 |
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Owned by employer
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Not owned by employer (on lease or rent)
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As per 2001 census
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As per 2001 census
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Population >25 lakhs
10 lakh < Population < 25 lakh
Population up to 10 lakhs
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15%**
10%**
7.5%**
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Actual rent or 15% of salary whichever is lower
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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)
- VALUATION
OF PROVISION OF DOMESTIC SERVANTS
Servant appointed by
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Servant’s salary paid by
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Value of perquisite
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Taxable in the hands of
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Employee or Employer
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Employee
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Nil
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Not applicable
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Employee or Employer
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Employer
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Actual cost incurred by the employer on the servant
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All employees
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- VALUATION
OF SUPPLY OF GAS, ELECTRICITY OR WATER SUPPLIED BY EMPLOYER
Facility in the name of
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Value of perquisite
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Taxable in the hands of
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Provided from own source
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Provided from outside
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Employee
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Manufacturing cost to the employer
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Amount paid to the supplier
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All employees
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Employer
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Manufacturing cost to the
employer |
Amount paid to the supplier
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Specified employees
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- VALUATION
OF EDUCATIONAL FACILITIES
Facility provided to
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Value of perquisite
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Taxable in the hand of
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Provided in the school owned by the employer
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Provided in any other school
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Children
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Cost of such education in similar school (an exemption of
Rs. 1000 p.m. per child is available)
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Cost of such education (an exemption of Rs. 1000 p.m.
per
child is available) |
Specified employee
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Other house hold member
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Cost of such education in similar school
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Cost of such education incurred
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Specified employee
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- 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:
- 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]
- Exemption only for two children but exemption will be available for all children born before October 1, 1998
Amount of exemption
Situations
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Amount of exemption
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Where journey is performed by air
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Amount of economy class air fare of the national carrier
by shortest route or amount spent whichever is less
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Where journey is performed by rail
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Amount of air conditioned first class rail fare by the
shortest route or amount spent whichever is less
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Where the place of origin of journey and destination are
connected by rail and journey is performed by any other mode of transport
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Amount of air-conditioned first class rail fare by the
shortest route or amount spent whichever is less.
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Where the place of origin of journey and destination are
not connected by rail
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a) where a recognized public transport exists
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First class or deluxe class fair by the shortest route or
the amount spent whichever is less
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b) where no recognized public transport exists
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Air conditioned first class rail fare by shortest route or
the amount spent whichever is less.
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- 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.
- VALUE
OF PERQUISITE IN RESPECT OF MOVABLE ASSETS
Assets given
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Value of benefits
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a) Use of laptops and computers
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Nil
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b) Movable asset other than Laptops and computers
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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.
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- VALUE
OF PERQUISITE IN RESPECT OF MOVABLE ASSETS SOLD TO EMPLOYEE
Assets transferred
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Value of perquisites
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Computers & electronics
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Depreciated value of asset [depreciation is computed @50%
on WDV for each completed year of usage] less: amount recovered from
employee.
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Motor cars
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Depreciated value of asset [depreciation is computed @20%
on WDV for each completed year of usage] less: amount recovered from
employee.
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Any other asset
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Depreciated value of asset [depreciation is computed @10%
on SLM for each completed year of usage] less: amount recovered from
employee.
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- VALUE
OF MEDICAL FACILITIES
The following shall not be treated as perquisite —
- 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.
- 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.
- Any sum, not exceeding Rs.15,000 , paid to any hospital/nursing home/clinic other than(a & b)
- 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.
- VALUE
OF MOTOR CAR
Owned or hired by employer and used
Exclusively for official purpose
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Exclusively for private purpose
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Both official and Private Purpose
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Nil. If specified documents maintained
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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
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Running and maintenance borne by *
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* Nothing is deductible in respect of any amount recovered
from the employee
Owned by employee and used
Exclusively for official purpose
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Exclusively for private purpose
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Both official and private purpose
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Nil. If specified documents maintained
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Actual expenditure incurred by employer (-) amount
recovered from employee
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Running and maintenance borne by
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Employer
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Employee
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Actual expenditure (-)
Rs. 900 p.m |
No tax
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- Employer should maintain complete details of journey undertaken for official purpose, which includes date of journey, destination, mileage and amount of expenditure incurred thereon.
- 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
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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
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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
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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
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Cost to the employer
Less: amount recovered from employee |
PROVIDENT FUND
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Statutory provident fund
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Recognized provident fund
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Unrecognized provident fund
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Public Provident Fund
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Employer’s contribution to provident fund
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Not taxable
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Not taxable up to 12 per cent*of salary
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Not taxable
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Employer does not contribute
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Employee’s contribution
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Available deduction u/s 80C
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Available deduction u/s 80C
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Not available
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Available deduction u/s 80C
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Interest credited
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Fully exempt
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Exempt up to 9.5% (from 01.04.2001 onwards)
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On Employee contribution
- taxable under "income from other sources" On Employer contribution – not taxable at the time of credit. |
Exempt from tax
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Lump sum payment received at the time of retirement or
termination of service or withdrawn
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Exempt u/s. 10(11)
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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
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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)
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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
- Specified Security means securities as defined in Section 2(h) of the Securities Contract (Regulation) Act and also includes Employees Stock Option Plan (ESOP).
- 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.
- 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
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FMV
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Listed on a recognized stock exchange
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Average of opening and closing price on that date
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Listed on more than one recognized stock exchanges
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Average of opening & closing price of share on the
recognised stock exchange which records the highest volume of trading in the
share
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If no trading in the share on any recognized stock
exchange –
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If share listed on a recognized stock exchange
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Closing price of share on any recognised stock exchange on
a date closest to date of exercising the option & immediately preceding
such date
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If share listed on more than one recognized stock
exchanges
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Closing price of share on a recognised stock exchange,
which records highest volume of trading in such share.
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If shares not listed on a recognised stock exchange or any
specified security other than equity shares
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Such value of share in the company as determined by a
merchant banker on the specified date
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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
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