Direct Tax - Retirement Benefits

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Comprehensive vocabulary flashcards covering retirement benefits under Direct Tax, including Gratuity, Pension, Leave Salary, Retrenchment Compensation, VRS Compensation, and Provident Funds.

26 Terms

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Gratuity Received During Service

Gratuity received during the continuation or course of employment; it is fully taxable in the hands of all employees (both government and non-government).

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Gratuity at Retirement (Government Employee)

Gratuity received at the time of retirement by a government employee, which is fully exempt from tax (full deduction allowed).

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Gratuity Exemption under POGA 1972

Deduction for non-government employees covered under the Payment of Gratuity Act, 1972, equal to the least of: (i) 1526×Latest salary×Years of service\frac{15}{26} \times \text{Latest salary} \times \text{Years of service}, (ii) Actual Amount Received (AAR), or (iii) ₹20,00,000\text{₹}20,00,000.

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Gratuity Exemption (Not Covered under POGA 1972)

Deduction for non-government employees not covered under the Payment of Gratuity Act, 1972, equal to the least of: (i) 12×Average salary p.m.×Completed years of service\frac{1}{2} \times \text{Average salary p.m.} \times \text{Completed years of service}, (ii) Actual Amount Received (AAR), or (iii) ₹20,00,000\text{₹}20,00,000.

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Salary under POGA 1972

The salary base used for calculating gratuity deduction for employees covered under the Payment of Gratuity Act, defined as Basic Salary+Dearness Allowance (DA)\text{Basic Salary} + \text{Dearness Allowance (DA)} based on the latest drawn salary.

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Salary for Non-POGA Gratuity

The average monthly salary of the last 10 months10\,\text{months} preceding retirement, defined as Basic Salary+Dearness Allowance (in terms)+Commission (as a fixed percentage of turnover)\text{Basic Salary} + \text{Dearness Allowance (in terms)} + \text{Commission (as a fixed percentage of turnover)}.

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POGA Service Rounding Rule

For employees covered under POGA 1972, any fraction of service exceeding 6 months6\,\text{months} is rounded up and treated as a full year of completed service.

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Non-POGA Service Rounding Rule

For employees not covered under POGA 1972, only fully completed years of service are considered, and any fractional months are completely ignored.

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Lifetime Gratuity Exemption Limit

The maximum statutory monetary ceiling of ₹20,00,000\text{₹}20,00,000 available as an exemption across the entire lifetime of an employee.

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Gratuity Received by Nominee

Taxability of gratuity received following an employee's death: taxable in the hands of the nominee if the gratuity became due before death, but exempt in the hands of the nominee if it was not due before death.

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Uncommuted Pension

Pension received on a periodic or monthly basis; it is fully taxable for all employees, whether government or non-government.

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Commuted Pension (Government Employee)

Lump sum pension received by converting a portion of the periodical pension into a single payment; it is fully exempt (full deduction allowed) for government employees.

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Commuted Pension Exemption (With Gratuity)

The exemption allowed to a non-government employee who also receives gratuity, equal to 13\frac{1}{3} (33.33%33.33\%) of the total commuted value of the entire pension.

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Commuted Pension Exemption (Without Gratuity)

The exemption allowed to a non-government employee who does not receive any gratuity, equal to 12\frac{1}{2} (50%50\%) of the total commuted value of the entire pension.

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Family Pension

A regular monthly amount received by family members after the death of the employee; it is taxable under the head 'Income from Other Sources' (IFOS).

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Gallantry Award Pension Exemption

Pension received by an individual awarded the Param Vir Chakra, Maha Vir Chakra, or other Central Government-notified gallantry award, which is fully exempt from tax in their hands and in the hands of family members after their death.

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Armed Forces Operational Duty Pension Exemption

Family pension received by the widow, children, or nominee of an armed forces member who died while discharging operational duties; it is fully exempt from tax.

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Leave Salary Received During Service

Encashment of leave while still continuing in employment; it is fully taxable for all employees.

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Leave Salary at Retirement (Government Employee)

Leave salary encashed at the time of retirement by a central or state government employee; it is fully exempt (full deduction allowed).

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Leave Salary Exemption (Non-Government Employee)

Deduction allowed to a non-government employee at retirement, equal to the least of: (i) Leave credit (in months)×Average salary p.m.\text{Leave credit (in months)} \times \text{Average salary p.m.}, (ii) 10 months×Average salary p.m.10\,\text{months} \times \text{Average salary p.m.}, (iii) Actual Amount Received (AAR), or (iv) ₹25,00,000\text{₹}25,00,000.

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Leave Credit

The balance of earned leave entitlement calculated as: (Leave allowed per year, max 30 days×Completed years of service)−Leave taken(\text{Leave allowed per year, max } 30\,\text{days} \times \text{Completed years of service}) - \text{Leave taken}, divided by 3030 to determine leave credit in months.

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Retrenchment Compensation Exemption

Deduction under Section 10(10B) equal to the least of: (i) Amount calculated under the Industrial Disputes Act, 1947 (1526×Avg. salary of last 3 months×Completed years of service\frac{15}{26} \times \text{Avg. salary of last } 3\,\text{months} \times \text{Completed years of service}, with fractions >6 months> 6\,\text{months} treated as a full year), (ii) Actual Amount Received (AAR), or (iii) ₹5,00,000\text{₹}5,00,000.

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Voluntary Retirement Scheme (VRS) Compensation Exemption

Deduction under Section 10(10C) equal to the least of: (i) 3 months×Salary p.m.×Completed years of service3\,\text{months} \times \text{Salary p.m.} \times \text{Completed years of service}, (ii) Salary p.m.×Remaining months of service\text{Salary p.m.} \times \text{Remaining months of service}, (iii) Actual Amount Received (AAR), or (iv) ₹5,00,000\text{₹}5,00,000.

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Statutory Provident Fund (SPF)

A provident fund set up under the Provident Funds Act, 1925, applicable to employees of Government, Semi-Government, and Universities. Employee contributions are eligible for deduction under Section 80C, while employer contributions, interest, and lumpsum withdrawals are fully exempt.

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Recognised Provident Fund (RPF)

A provident fund of non-government employees approved by the Commissioner of Income Tax (CIT/CCIT). Employee contributions qualify for Section 80C deduction, interest is exempt up to 9.5% p.a.9.5\%\,\text{p.a.}, and lumpsum withdrawals are fully exempt after a 5-year5\text{-year} lock-in period.

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Unrecognised Provident Fund (UPF) Lump Sum Tax Treatment

On withdrawal from a UPF: employee contribution is ignored (not taxable); interest on employee contribution is fully taxable under 'Income from Other Sources' (IFOS); and employer contribution plus interest on employer contribution is fully taxable under 'Income from Salaries' (IFS).