Gratuity is a benefit that is payable under the Payment of Gratuity Act 1972. Gratuity is a sum of money paid by an employer to an employee for services rendered in the company. However, gratuity is paid only to employees who complete 5 or more years with the company.
But not everyone is aware that gratuity is part of our salary. Gratuity is a reward paid by an employer to Employee for services rendered by him. In simple words, it is a retirement benefit received by the employee when he leaves his job.
What is Gratuity?
Gratuity is a financial component offered by an employer to an employee in recognition of his/her service rendered to an organization. It is typically a portion of the salary an employee receives and can be viewed as a benefit plan designed to aid an individual in his/her retirement.
Gratuity is paid by an employer when an employee leaves the job after serving the same organization for a minimum period of 5 years. One can consider it to be “A financial regard” to an employee for rendering continuous service to an employer.
Who gets Gratuity?
An employee who completed 5 or more years of service is eligible for gratuity. This condition of 5 years of service is not applicable in case of death or any disability of an employee.
Condition for Gratuity
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- An employee should be eligible for superannuation
- An employee retires
- An employee resigns after working for 5 years with a single employer
- An employee passes away or suffers disability due to illness or accident
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How to calculate gratuity tax treatment?
Gratuity is taxable when it is received under the head Income from salary. An employee can claim an exemption maximum of up to Rs. 10, 00,000. However, calculation of gratuity varies according to various categories of employees as follows:
You can use our freeĀ Gratuity calculatorĀ to calculate your exemption amount.
| Categories | Tax treatment |
|---|---|
| Government employee | Fully Exempt |
| A non-government employee covered under the Payment of gratuity act 1972 | Maximum exemption from tax ā Least of the following:
Meaning of Salary = Basic Salary + D.A |
| Non-government employee not covered under Gratuity Act 1972 | Maximum exemption from tax āLeastĀ of the following:
Meaning of Salary = Basic Salary + D.A + percentage-wise fixed commission on turnover |
For example, you have worked with a company for 20 years and had Rs.25,000 as his last drawn basic plus DA amount, then,
Gratuity Amount for you= 20*25,000*15/26 = Rs.2,88,461.54
However, an employer can choose to pay more gratuity to an employee. Also, for the number of months in the last year of employment, anything above 6 months is rounded off to the next number while anything below 6 months in the last year of employment is rounded off to the previous lower number.
Calculation of gratuity for the employees who are not covered under the Gratuity Act
Even if the organization is not part of the Act, they can pay gratuity. However, the calculation of gratuity is based on an individualās half monthās salary for every year that has been completed. The salary includes commission (sales-based), dearness allowance, and basic salary.
The following formula is considered for the calculation of gratuity amount for employees who are not covered under the Gratuity Act:
Gratuity Amount = (15 * Last drawn salary amount * period of service) / 30
For Example:
For example, if you have at a company for 10 years and 8 months and your salary is Rs.50,000, the calculation of the gratuity amount is done as follows:
Gratuity Amount: (15 * 50,000 * 11) / 30 = Rs.2.75 lakh.
The period of service of an employee is taken as a whole year for the calculation. In case the number of months worked in the last year is less than 6 months, the previous number of completed years is considered.
However, if the number of months completed in the last year of service is more than 6 months, the year is considered to be a full year for the purpose of calculation. Thus, the working tenure has been considered as 11 years. If the service period had been 10 years and 4 months (or anything less than 6 months), the number of years of service would have been considered as 10 years only.
s per the rules recorded on the pensionerās portal of the government, the amount of gratuity at the time of retirement is calculated as follows:
Gratuity Amount is equal to one-fourth of the last-drawn basic salary of an employee for each completed six-month period. The retirement gratuity amount which is payable is 16 times of the basic salary. However, it is subject to a cap of Rs.20 lakh.
Recommended Read:Ā Income tax benefits available to Salaried Persons
Calculation of gratuity in case of death of an employee
In case of the death of an employee, the gratuity benefits are calculated on the basis of the tenure of service of the employee. The amount is, however, subject to a maximum of Rs.20 lakh. The following table shows the rates at which the gratuity will be payable in case of death of an employee:
| Tenure of service | The amount payable towards gratuity |
|---|---|
| Less than a year | 2 * basis salary |
| 1 year or more but less than 5 years | 6 * basic salary |
| 5 years or more but less than 11 years | 12 * basic salary |
| 11 years or more but less than 20 years | 20 * basic salary |
| 20 years or more | Half of the basic salary for each completed six-monthly period. However, it is subject to a maximum of 33 times the basic salary. |
Latest advancements in regard to Gratuity
[highlight color=”green”]One of the most important advancements in regard to gratuity for private-sector employees is the fact that the ceiling has been raised to Rs.20 lakh from Rs.10 lakh for tax-free gratuity. The same was done for central government employees right after the announcement and implementation of the 7th Central Pay Commission.
In light of the recent pandemic and virus outbreak across the nation, the Union Government has also proposed a number of security measures for the workforce.
One of the recent press conferences held by the Finance Minister Nirmala Sitharaman has announced that the government plans to offer the payment of gratuity after the completion of one year of service. This will be applicable to the fixed-term employees of a firm.[/highlight]
Few Significant Points about Gratuity
Following are some of the most prominent points about payment of gratuity by an employer to an employee.
[tie_list type=”starlist”]- An employee can receive a gratuity amount higher than Rs.10,00,000 from his/her employer, the exemption for tax, in this case, will be calculated as per the points listed above under taxation.
- In the recent Interim Budget of 2019, interim finance minister, Mr. Piyush Goyal announced that the existing tax-free gratuity limit will be increased to Rs.30 lakh.
- The employer has the right to reject payment of gratuity to an employee if he/she has been asked to leave his/her job owing to any misconduct.
- In case of death of the employee, the nominee or heir of the employee is paid the gratuity amount. The taxation for this is calculated for the receiver under the head ā income from other sources.
Tax on Gratuity
The taxation process for gratuity depends upon the employee who is receiving the gratuity amount. Two standard cases arise for the calculation of tax on gratuity:
Government Employee Receiving Gratuity Amount:
In case any employee under the state government, central government, or local authority receives a gratuity amount then the amount is fully exempt from Income Tax.
Any Other Salaried Individual Receiving Gratuity Amount from an Employer who is Covered by Payment of Gratuity Act:
In case of gratuity received by any employee whose employer is covered under the Gratuity Act, the following amount is exempt from tax.
- 15 days salary as per the last drawn salary of the individual
Any Other Salaried Individual Receiving Gratuity Amount from an Employer who is not covered by Payment of Gratuity Act:
In such a case the least of the following three amounts is exempt from tax.
-
- Rs.10,00,000
- Gratuity actually received by the employee
- Half a month’s salary for every year of service that the employee has completed with the employer
Tax Exemptions on Gratuity
Based on the policy changes made during the 2016 budget, hereās what gratuity laws look like:
- According to Article 10 (10) in theĀ Income Tax Act, any gratuity received by government employees, apart from statutory corporations, is fullyĀ exempt of tax.
- According to Article 10 (10) ii of the Income Tax Act, death and retirement gratuity receivable by an employee covered under Gratuity Act 1972 is the least amount of the following that is exempt from tax:
- (*15/26) X Last drawn salary** X completed year of service or part thereof in excess of 6 months.
- Rs.10 lakh.
- Gratuity amount that is actually received.
* 7 days in case an individual is an employee of a seasonal establishment.
** Salary amounts to the total salary received by an employee includingĀ Dearness AllowanceĀ and excluding any other benefits like bonus,Ā HRA, commission, and any other such perquisites.
- According to Article 10 (10) iii of the Income Tax Act, the exemption for gratuity amount received by individuals who are not covered under the Gratuity Act of 1974 are as follows:
- Half monthās Average Salary* X Completed years of service
- Rs. 10,00,000 3. Gratuity actually received.
*Average salary = Average Salary of last 10 months immediately preceding the month of retirement ** Salary = Basic Pay + Dearness Allowance (to the extent it forms part of retirement benefits) + turnover based commission
Gratuity Rules
Forfeiture of Gratuity
According to the Payment of Gratuity Act of 1972, an employer holds the right to forfeit their gratuity payment, either wholly or partially despite the employee having completed 5 and more years of service in a company. The only situation where this works is when the employee has been terminated due to disorderly conduct wherein, he/she tries to physically harm individuals during his/her employment.
Timeline for Gratuity payment
There are three steps involved regarding gratuity payment. These include:
- Initiation: An individual or a person authorized must send in an application to an employer regarding the gratuity he/she is owed by a company.
- Acknowledgment and calculation:Ā As soon as the application is received, the company which owes gratuity will calculate the amount and also provides a notice of the same to the individual and the controlling authority with the amount specified.
- Disbursal: The employer, having sent the acknowledgment, has a time period of 30 days to pay the gratuity amount to the individual.
