Professional Documents
Culture Documents
Project On:-Income From Salary
Project On:-Income From Salary
Project On:-Income From Salary
WE ARE HIGHLY AKNOWLEDGED TO THANK THE FOLLOWING PEOPLE IN OUR PROJECT COMPLETION.
FIRSTLY WE WOULD LIKE TO THANK PROF. A. E LAKDAWALA FOR GIVING US A CHANCE TO DEVELOP OURSELVES.
ALSO WE WOULD LIKE TO THANK FROM THE BOTTOM OF THE HEART PROF. RESHMA FOR HELPING AND GUIDING US AT EVERY STEP.
LASTLY, WE WOULD LIKE TO THANK OUR PARENTS FOR HAVING FAITH IN US AND SHOWING US THE RIGHT WAY.
THANK YOU.
COMPILED BY:3
SUBMITTED TO:PROF-RESHMA
SABINA MUSA
15 17 26 31 33
INDEX
INTRODUCTION HEADS OF INCOME MEANING OF SALARY 4 5 6
4
INTRODUCTION
Income means a receipt in the form of money or moneys worth which is derived from definite source with some sort of regularity or expected regularity. These definite sources of income are salaries, house property, business or profession, capital gains and any other source. If an income is not derived from any of these
5
HEADS OF INCOME
Income of a person is classified into 5 categories. Thus, income belonging to a particular category is taxed under a separate head of income pertaining to that category. Section 14 of the Act, has classified five different heads of income for the purpose of computation of total income. The five heads of income are: 1) Income under the head salaries (Section 15 17)
6
It may be noted here that an income belonging to a specific head must be computed under that head only. If an income cannot be placed under any of the first four heads, it will be taxed under the head Income from other sources. Certain expenses incurred in earning incomes under each head are allowed to be deducted from its gross income according to the provisions applicable to that specific head. Then, the net income under various heads is aggregated together to compute gross total income of the person. After making certain deductions which are allowed from gross total income (relating to certain expenses incurred or payments made or certain incomes earned) we arrive at the figure of total income for taxation purpose.
MEANING OF SALARY
Salary, in simple words, means remuneration of a person, which he has received from his employer for rendering services to him. But receipts for all kinds of services rendered cannot be taxed as salary. The remuneration received by professionals like doctors, architects, lawyers etc. cannot be covered under salary since it is not received from their employers but from their clients. So, it is taxed under business or profession head. In order to understand
7
Characteristics of Salary
1. The relationship of payer and payee must be of employer and employee for an income to be categorized as salary income. For example: Salary income of a Member of Parliament cannot be specified as salary, since it is received from Government of India which is not his employer. 2. The Act makes no distinction between salary and wages, though generally salary is paid for non-manual work and wages are paid for manual work. 3. Salary received from employer, whether one or more than one is included in this head.
4. Salary is taxable either on due basis or receipt basis which ever matures earlier: i) Due basis when it is earned even if it is not received in the previous year. ii) Receipt basis when it is received even if it is not earned in the previous year. iii) Arrears of salary- which were not due and received earlier are taxable when due or received, which ever is earlier.
Although, all the components of salary income are included in salary, there are certain incomes in each of these categories, which are either fully exempt or exempt up to a certain limit. The aggregate of the above incomes, after the exemption(s) available, if any, is known as Gross Salary. From the Gross 33 Salary, the following three deductions are allowed under Section 16 of the Act to arrive at the figure of Net Salary: 1. Standard deduction - Section 16 (i) 2. Deduction for entertainment allowance Section 16 (ii) 3. Deduction on account of any sum paid towards tax on employment Section 16(iii).
BASIC SALARY
All employees are entitled to a basic salary which is fixed as per their respective terms of employment either as a fixed amount or at a graded system of salary. Under this graded system, apart from the basic salary at which the employee will start, annual increments to be given to the employee are pre fixed in the grade. For example, if a person is employed on 1st May, 2004 in the grade of 12000 300 15000, this means that he will start at a
10
11
I. FULLY TAXABLE ALLOWANCES:This category includes all the allowances, which are fully taxable. So, if an allowance is not partially exempt or fully exempt, it gets included in this category. The main allowances under this category are enumerated below: (i) Dearness Allowance and Dearness Pay As is clear by its name, this allowance is paid to compensate the employee against the rise in price level in the economy. Although it is a compensatory allowance against high prices, the whole of it is taxable. When a part of Dearness Allowance is converted into Dearness Pay, it becomes part of basic salary for the grant of retirement benefits and is assumed to be given under the terms of employment. (ii) City Compensatory Allowance This allowance is paid to employees who are posted in big cities. The purpose is to compensate the high cost of living in cities like Delhi, Mumbai etc. However, it is fully taxable. (iii) Tiffin / Lunch Allowance It is fully taxable. It is given for lunch to the employees. (iv) Non practicing Allowance This is normally given to those professionals (like medical doctors, chartered accountants etc.) who are in government service and
13
14
II.
This category includes allowances which are exempt up to certain limit. For certain allowances, exemption is dependent on amount of allowance spent for the purpose for which it was received and for other allowances, there is a fixed limit of exemption. (i) House Rent Allowance (H.R.A.): An allowance granted to a person by his employer to meet expenditure incurred on payment of rent in respect of residential accommodation occupied by him is exempt from tax to the extent of least of the following three amounts: a) House Rent Allowance actually received by the assessed. b) Excess of rent paid by the assessed over 10% of salary due to him. c) An amount equal to 50% of salary due to assessed (If accommodation is situated in Mumbai, Kolkata, Delhi, Chennai) Or an amount equal to 40% of salary (if accommodation is situated in any other place). Salary for this purpose includes Basic Salary, Dearness Allowance (if it forms part of salary for the purpose of retirement benefits), Commission based on fixed percentage of turnover achieved by the employee. The exemption of HRA depends upon the following factors: (1) Basic Salary (2) Rent paid (3) Place of residence (4) HRA received If an employee is living in his own house and receiving HRA, it will be fully taxable. Illustration 2):15
Solution: Computation of Gross Salary Basic Salary (Rs.20,000 x 12) Dearness Allowance (Rs.7,000 x 12) Bonus (Rs.500 x 12) Commission (1% of Rs.20,00,000) House Rent Allowance (Rs.6,000 x 12 Amount exempt Rs.53,800) Gross Salary: Amount / Rs. 2,40,000 84,000 6,000 20,000 18,200 3,68,200
Amount of HRA exempt is least of 3 amounts: 1. 40% of Salary (Rs.2,40,000 + Rs.42,000 + Rs.20,000) 2. Actual HRA received (Rs.6, 000 x 12) 3. Rent paid (Rs.7, 000 x 12 10% of salary Rs.30, 200) Amount of HRA exempt is = = Rs.3,02,000 = Rs. 72,000 Rs. 53,800 = Rs. 53,800
(ii) Entertainment Allowance: This allowance is first included in gross salary under allowances and then deduction is given to only central and state government employees under Section 16 (ii).
16
19
20
COMPUTATION OF INCOME
This section contains only salient features for computation of income. The sections in this topic are as under: Salary income House Property income Capital Gains Other Sources Income
21
Salary Income
Salary normally includes wages, annuity, pension, gratuity, commission, perquisites, etc. and any other payment received by an employee from the employer received during the year.
Capital Gains
If any Capital Asset is sold or transferred, the profits arising out of such sale are taxable as capital gains in the year in which the transfer takes place.
Deductions
Deduction is the amount, which is reduced from the gross total income before computing tax. There are other deductions such as for donations, for repayment of loans taken for educational purposes etc.
Rebates
For the assessment year 2003-04, the amount of rebate is as follows 1. Tax rebate under section 88 is available at 30% of the net qualifying amount if the following two conditions are satisfied. a. income chargeable under the head "Salaries" (before giving deduction under section 16) does not exceed Rs. 1,00,000; and b. income chargeable under the head "Salaries" is not less than 90% of gross total income. 2. If gross total income does not exceed Rs. 1,50,000 ,tax rebate is available at 20% of the net qualifying amount. 3. If gross total income exceeds Rs. 1,50,000 but does not exceed Rs. 5,00,000, tax rebate is available at 15% of the net qualifying amount.
23
SUMS
1.
A, covered under the Payment of Gratuity Act, 1972 retired on 30-8-2009. At the time of retirement, he was getting basic salary of Rs. 10000 p.m. & Dearness Allowance @10% of the basic salary. He had joined the company on 1-4-1992. He was paid gratuity of Rs. 125000. Compute the amount of Gratuity taxable for the assessment year 2010-11.
SOLUTION:
24
1.
Mr. A retires from X Limited on June 30, 2009. He had joined the company on 4-1-1977.He gets pension of Rs. 2000 p.m. up to 30th November 2009. On 1st December, 2009, he requests for commulation of 50% of his pension. His request is accepted & he receives Rs.75000. Compute his gross taxable salary if he has received Rs. 50000 as Gratuity, which is fully exempt from tax.
SOLUTION:
Income under Salaries Uncommuted Pension [ (Rs. 2000*5) + (Rs. 1000*4)] Commuted Pension received Less: Exempt u/s 10(10A) 50% commuted value = 75000 100% commuted value = 75000*2 = 150000 1/3 of 150000 (full commuted value) exempt
Rs 75000
Rs 14000
50000
25000
25
3. Mr. Penpusher retires from Government Service on 30-92009. From 1-11-2009 he joined as Superintendent of Nursing Home. He Furnishes the following particulars for the previous year ending 31-3-2010. Compute his taxable salary for the Assessment year 2010-11. Basic pay & D.A up to 30-9-2009 Entertainment allowance from Government up to 30-9-2009 Pension p.m. from 1-10-2009 @ 1500 Leave Salary in respect of earned leave to his credit Gratuity Provident Fund Commuted Pension Salary from Nursing Home SOLUTION: 60000 5000 9000 13500 110000 150000 32000 30000
Particulars A) Salary & Allowances Basic & DA ( as Govt. Employee) Entertainment allowance ( as Govt. Employee) From Nursing Home B) Pension Uncommuted Commuted [fully exempt u/s 10(10A) being Govt. Employee
Rs.
95000 9000 -
26
1. X, the general manager of Y Ltd. Retired on December 31, 2009 after 30 years of service. The Particulars of his income are as follows: a) Salary Rs. 8000 p/m. from January 1, 2009. House rent allowance Rs. 3000 p.m. from January 1, 2009 b) Medical expenses reimbursed by employer: RS. 26400 for the period from April 1,2009 which includes Rs.5000 paid to a government hospital. c) He lives in a rented house in Delhi & pays Rs.4000 p.m. as rent ( exempt HRA Rs. 27000) d) X receives Rs. 150000 as gratuity. He is not covered by the Payment of Gratuity Act,1972. e) He received Rs.160000 for encashment of leave, being 10 months leave not availed of. Compute Xs income for the assessment year 20102011.
SOLUTION:27
28
RS.
RS.
72000
b)Notified Amount
350000
c) Actually received
150000
120000
30000
d) Perquisites Reimbursement of medical expenses (WN1) d) Leave Encashment Gross: Less: Exempt u/s 10(10AA) Non- Govt. Employee- least of a) encashment of earned leave (@ 30 days p.a.) [WN2]
80000 b) 10* Average Salary for last 10 month 80000 c) Notified Amount 300000 d) Amount Actually received 160000
6400
160000
80000
80000 188400
188400
29
2.
Reimbursement of medical expenses up to Rs 15000 is exempt from tax. Reimbursement of expenditure incurred by the employee for medical treatment in a Government hospital is not taxable. Cash equivalent of unveiled leave to the credit of employee at the time of retirement (i.e. at the rate of Rs. 8000 per month for 10 months).
CONCLUSION
30
We would like to conclude our topic by saying that Income means a receipt in the form of money or moneys worth. These definite sources of income are salaries, house property, business or profession, capital gains and any other source. Salary, in simple words, means remuneration of a person, which he has received from his employer for rendering services to him. But receipts for all kinds of services rendered cannot be taxed as salary. Salary is taxable either on due basis or receipt basis which ever matures earlier. Any fees or commission paid or payable to an employee is fully taxable and is included in salary.
31
Books referred
51 INCOME TAX TIPS FOR INVESTORSFROM SUBHASH LAKHOTIA A GUIDE ON TAX AUDIT 2008-2009 FROM HC GUPTA AND TH GUPTA
32