How is Gratuity Taxed in India?

Types

Tax Implication

Central/state government, defense, and local bodiesThe entire amount received will not attract any tax.
Employees subject to the provisions of the Act

The following types of organizations are exempted from paying taxes on gratuity: central/state government, defense, and local bodies.

For employees covered under the Act, the least of the following amounts is exempt from taxation:

i) Actual gratuity received

ii) ₹20 Lakh

iii) (15 x last drawn salary x number of completed years of service) / 26

For employees not covered under the Act, the least of the following amounts is exempt from taxation:

i) Actual gratuity received

ii) ₹10 Lakh

iii) (15 x average salary for the last 10 months x number of years employed) x 30

Employees covered by the Act’s regulations

The least amount that is exempted from taxation for employees not covered under the Payment of Gratuity Act is the minimum of the following:

i) Actual gratuity received

ii) ₹10 Lakh

iii) (15 x average salary for the last 10 months x number of years employed) x 30

Payment of Gratuity Act, 1972: Features, Advantages, Disadvantages and FAQs

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What is Payment of Gratuity Act, 1972?

The Payment of Gratuity Act, 1972, is a crucial piece of legislation in India that establishes a standardized pattern for the payment of gratuity, a monetary benefit provided to employees at the end of their service. Gratuity serves as a recognition of an employee’s contributions to an organization, and eligibility for this benefit requires a minimum employment term of five years. Enacted on September 16, 1972, with parliamentary approval on August 21 of the same year, this Act is a part of India’s labor laws landscape. Similar to the Minimum Wages Act of 1948, it aims to ensure minimum benefits for the welfare of employees. Over the years, the Act has undergone amendments to address evolving needs, such as the inclusion of teachers as employees in 2009....

What is Gratuity under Payment of Gratuity Act, 1972?

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Nomination Clauses for Gratuity

Employees have the option to designate a recipient for gratuity in the event of their death, and this nomination process must be completed within 30 days of completing one year of service with an organization. Specific clauses regarding nomination include:...

When is Gratuity paid under Payment of Gratuity Act, 1972?

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How is Gratuity Taxed in India?

Types Tax Implication Central/state government, defense, and local bodiesThe entire amount received will not attract any tax.Employees subject to the provisions of the ActThe following types of organizations are exempted from paying taxes on gratuity: central/state government, defense, and local bodies. For employees covered under the Act, the least of the following amounts is exempt from taxation: i) Actual gratuity received ii) ₹20 Lakh iii) (15 x last drawn salary x number of completed years of service) / 26 For employees not covered under the Act, the least of the following amounts is exempt from taxation: i) Actual gratuity received ii) ₹10 Lakh iii) (15 x average salary for the last 10 months x number of years employed) x 30 Employees covered by the Act’s regulationsThe least amount that is exempted from taxation for employees not covered under the Payment of Gratuity Act is the minimum of the following: i) Actual gratuity received ii) ₹10 Lakh iii) (15 x average salary for the last 10 months x number of years employed) x 30...

What Conditions Lead to the Termination of Gratuity?

According to the stipulations outlined in the Payment of Gratuity Act of 1972, an employee may be ineligible for gratuity if their termination is based on instances of the following:...

Advantages of Payment of Gratuity Act, 1972

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Disadvantages of Payment of Gratuity Act, 1972

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Conclusion

The Payment of Gratuity Act, 1927, promotes employee welfare and has undergone amendments, including provisions for female employees on maternity leave. The Act has limitations, not covering organizations with less than 10 employees, but it overrides other acts in gratuity matters. Implementation improvement is essential, considering the Act is not universally followed by companies....

Payment of Gratuity Act, 1972- FAQs

How is gratuity calculated under the Payment of Gratuity Act, 1972?...