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The Indian Income-tax Act classifies income into five heads for the purpose of taxation, one of which is income from "salaries." This category encompasses various forms of compensation and benefits received by an employee from their employer or former employer. The detailed definition and components of "salary" are outlined in Section 17 of the Income-tax Act.
The components of Income under the heading "Salaries"
1. Salary (Section 17(1))
"Salary" for taxation purposes is an inclusive term that extends beyond basic pay. According to Section 17(1), salary includes:
- Wages: These are the regular payments made to an employee for their service.
- Annuity or Pension: These periodic payments are received by an employee post-retirement.
- Gratuity: A lump-sum payment given to an employee upon retirement or resignation.
- Fees, Commissions, Perquisites, or Profits: Any additional payments or benefits provided alongside salary or wages.
- Advance of Salary: Salary paid in advance.
- Leave Encashment: Payment for leave that an employee has not availed of.
- Provident Fund Contributions: The annual accretion to the balance in recognized provident funds, to the extent taxable.
- Transferred Balance: The aggregate of sums transferred from unrecognized to recognized provident funds, to the extent taxable.
- National Pension Scheme (NPS) Contributions: Employer contributions to NPS accounts.
- Agniveer Corpus Fund Contributions: Employer contributions to this fund under the Agnipath Scheme.
2. Perquisites (Section 17(2))
Perquisites refer to non-monetary benefits provided to employees by their employers. These are often taxable and include:
- Rent-free Accommodation: The value of accommodation provided by the employer without charge is computed in the manner prescribed.
- Concessional Accommodation: The value of accommodation provided at a rate lower than the market value computed in the prescribed manner.
- Other Benefits or Amenities: Benefits such as company cars, club memberships, and other amenities are provided free or at a concessional rate.
- Employer-paid Obligations: Payments made by the employer in respect of the obligations of the employee, such as utility bills.
- Insurance Premiums: Premiums paid by the employer for life assurance or annuity.
- Specified Securities and Sweat Equity Shares: value securities offered to employees at a discount or free of cost computed in the prescribed manner.
- Contributions: Contributions exceeding ₹750,000 in a financial year to recognized provident funds, NPS, and superannuation funds.
- Fringe Benefits: Other prescribed fringe benefits, with specific exclusions for certain medical treatments and health insurance premiums.
3. Profits in lieu of Salary (Section 17(3))
This category includes any compensation or payments received by an employee in connection with their employment that are not part of their regular salary. Key components are:
- Compensation for Termination: Payments due to or received upon termination or modification of employment terms.
- Certain Payments from Employer or Funds: Payments received from employers or funds, excluding specific exemptions under Section 10.
- Keyman Insurance Policy Proceeds: Amounts received under such policies, including bonuses.
- Pre- and Post-employment Payments: Payments received before joining or after leaving employment with an organization.
Conclusion
Understanding the components of income under the heading "Salaries" is crucial for both employers and employees to ensure compliance with tax regulations. The comprehensive definition in Section 17 of the Income-tax Act captures various forms of remuneration and benefits, ensuring that all possible incomes are considered for taxation. The same may be referred to for a complete understanding of income taxable under the head income from "salaries.”
By breaking down salary into its constituent parts—basic salary, perquisites, and profits in lieu of salary—the Act provides a clear framework for what constitutes taxable income under this head. This clarity helps in the accurate computation of taxes and aids in avoiding any inadvertent non-compliance. Click here to book your FREE tax assessment call
Disclaimer- The article is only for educational purposes and is not to be construed as tax advice. The relevant provisions of the Income-tax Act may be referred to, for complete understanding.
