LEAVE ENCASHMENT

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  1. JASHVANT MEVCHA

    JASHVANT MEVCHA New Member

    MY SON AGED 32 IS DOING JOB IN PRIVATE COMPANY. LAST YEAR IN SEPT. 2015 HE RESIGNED FROM JOB AFTER A SERVICE OF 4 YEAR & 6 MONTHS, AND JOINED NEW COMPANY.

    ON RESIGNATION, HE RECEIVED A LEAVE ENCASHMENT FOR 13.75 DAYS AMOUNTING Rs. 13,750.

    SO, I WANT TO KNOW THAT WHETHER IT IS LIABLE FOR TAX OR NOT ?

    PLEASE REPLY IN MY EMAIL AND OBLIGE.

    THANKING YOU.
     
  2. Shoban Singh

    Shoban Singh New Member

    Earned leave means the leave accrued to the employee in proportion of the work done by him. This varies from employer to employer. For example in government sector, the earned leave is 2.5 days for every month worked. This 2.5 days is granted with a view to provide him rest to enable him to recover from the stess and strain endured by him during the course of his work. This can be accumulated and either taken in the subsequent months or encashed as per the rules extant in force. If leave standing to the employee’s credit is not taken within a year, as per the service rules, it may lapse or it may be encashed or it may be accumulated. The employee can avail the accumulated leave during his service tenure or it can be encashed at the time of retirement or leaving the job. Encashment of leave by surrendering leave standing to one’s credit is known as leave salary. The taxation of Leave salary for various categories of employees is shown here under:-

    Status of Employee Nature of Leave Encashment Taxability

    Government/
    Non-Government employee Leave encashment during It is chargeable to tax. However relief can be taken under section 89

    Government employee Leave encashment at the It is fully exempt from tax under section time of retirement / leaving job 10(10AA)(i)

    Non-Government employee Leave encashment at the time It is fully or partially exempt from tax in of retirement / leaving job some cases under section 10(10AA)(ii)


    In Simple words from the above tabloid summary we can conclude that Leave Salary is chargeable to tax only in two cases first accumulated leave being enchased by any class of employee- Govt. or Non Govt. during the continuation of employment whereof it is fully chargeable to tax.

    Second being accumulated leaves enchased by a non govt. employee on his/ her retirement whereof the complicated part of calculation of exempted leave salary comes into picture which can be calculated as LEAST of the following:

    a. Cash equivalent of the leave salary in respect of the period of earned leave standing to the credit of employee at the time to retirement/superannuation (earned leave entitlements cannot exceed 30 days for every year of actual service rendered for the employer from whose service he has retired); (See Note- 1)

    b. 10 months’ ‘average salary’; (See Note- 2)

    c. Rs. 3 lakh (applicable from 01.04.1998);

    d. The amount of leave encashment actually received at the time of retirement.

    Note- 1

    How to find out leave standing to the credit of an employee at the time of retirement or leaving the job

    Step (a) – Find out duration of services in number of years (ignore any fraction of year).

    Step (b) – Find out rate of earned leave entitlement from the service rules – how many days leave is credited at the rendered for each year of services (earned leave entitlement can not exceed 30 days for every year of actual services rendered for the employer from whose services he has retired).

    For instance, if earned leave is credited at the rate of 45 days leave for each year of service, for step (b) calculation shall be made at the rate of 30 days leave for each year of service. If, however, earned leave is credited at the rate of 23 days leave for each year of service, for step (b) calculation shall be made at the rate of 23 days leave for each year of service.

    Step (c)– Find out earned leave actually taken or enchased (in number of days) during the service time, the computation shall be made as follows:-

    Step (a) × Step (b) minus Step (c) ÷ 30

    Note- 2

    How to find out Average monthly salary?

    Salary, for this purpose, means basic salary and includes dearness Allowance if terms of employment so provide. It also includes commission based upon fixed percentage of turnover achieved by an employee, (if any). ‘Average Salary’ for the aforesaid purpose is to be calculated on the basis of average salary drawn during the period of 10 months ending on the date of retirement.

    Other relevant points

    • Here, Average Salary is to be calculated on the basis of average salary drawn during the period of 10 months immediately preceding the retirement or superannuation. Salary means last drawn salary and includes basic salary + Dearness Allowance (if terms of employment so provide) + Commission based on a fixed % of turnover.
    • Where the cash equivalent of unutilised earned leave is received by an employee from two or more employers in the same year, or different years, the maximum amount exempt from tax shall not exceed the amount specified by the Government i.e., Rs. 3,00,000/-.
    • Salary paid to legal heirs of the deceased employee in respect of privilege leave standing to the credit of such employee at the time of his/her death is not taxable as salary.
    • Sum equivalent of leave salary received by the family of a government servant who died in harness, is not taxable in the hands of the recipients.
    • In case of Non-Government employee, Leave Salary received on Resignation or Retrenchment is taxable. Of course, relief u/s. 89 r.w.rule 21A would be admissible. However, Leave Salary received on Voluntary Retirement or Compulsory Retirement is exempt u/s.10(10AA) (ii) to the extent specified therein. The scope of said section is extended to Leave encashment at the time of retirement whether such retirement is on superannuation or otherwise. The word “otherwise” covers the case of Voluntary Retirement from service as held by Madras High Court in CIT vs. R V Shahney (159 ITR 160).
     
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