Encashment of earned leave
- Leave encashment during service is taxable in full in all cases.
- Any payment received by a government employees in consideration of leave not availed by him is fully exempt.
- Leave salary paid to legal heirs of the deceased employee in respect of earned leave standing to the credit is not taxable.
- Any payment received by any other employees in consideration of leave not availed by him is exempt to the extent of least of the following
- 10 months salary on the basis of average salary of 10 months proceeding his retirement
- Amount of salary on the basis of average salary for the approved period for which earned leave not availed by him.
- Amount actually received
- Rs 3,00,000
Here, salary includes basic Salary, DA if given under the terms of employment and commission based on fixed per cent of turnover
Approved period means leave entitlement not exceeding 30 days for every year of actual service with the employer paying the leave salary.
Sample;
Q:
Mr. raj retired from a company after completing 20 years of service on November 1 and received leave salary of rs 6,00,000.he has 8 months earned leave on his credit(on the basis of 30 days per year)compute the amount of taxable leave salary from the following information.
Salary
From January to June: 14000 PM
From July to March: 15000 PM
DA: 2000 PM
He has 6 months earned leave to his credit (on the basis of 30 days per year)
A:
Salary for 10 months on the basis of average salary(16400X10) | 1,64,000 |
Cash equivalent of leave to the credit at the time of retirement(16400X6) | 98,400 |
Actual amount of leave salary subject to a maximum of 3,00,000(as it exceed maximum limit) | 3, 00,000 |
Here the least amount is 98,400, so taxable amount of leave salary is
(6, 00,000-98,400) =5, 01,600
note:
Average salary of 10 months
January to June (14000X6) |
84000
|
July to October (15000X4) |
60000 |
DA (2000X10) |
20000 |
Total |
164000 |
Average salary=164000/10 |
16400 |