What is Income Tax Exemption on Gratuity?

Taxability of gratuity

If any employee receives gratuity during his service, then it is fully taxable as income in his hands under the Income Tax Act, 1961 (‘the Act’). However, if gratuity is received in case of death, retirement or resignation and certain other cases, then tax exemption is provided under section 10(10) of the Act.

Any amount received as a gratuity by an employee shall be treated as income of such person under the head 'Salaries’. However, in case of the death of such an employee, the gratuity shall be paid to his nominee or his legal heir as the case may be. Such an amount shall be treated as their income under the head 'income from other sources'.

Note: Every employee is compulsorily required to prescribe the name/s of their nominee after completing a year of service as per the Payment of Gratuity Act, 1972.

Income tax exemption on gratuity

The tax exemption on gratuity income provided under section 10(10) of the Act is available up to the following limits:

• Retirement gratuity received by members of the Defence Service under the Pension Code Regulations, which apply to such members of the Defence Service, is entirely exempt from tax.
• Employees of Central Government/local authority or Members of Civil Services: Any death cum retirement gratuity is entirely exempt from tax under section 10(10)(i).
• Other employees:
  

  i) Employees covered by the Payment of Gratuity Act, 1972(*):
  Any death and retirement gratuity is exempt from tax to the extent of least of the following:
  (a) INR 20,00,000
  (b) Gratuity amount received
  (c) Salary(**) of 15 days for every completed year of service or part thereof in excess of 6 months based on last drawn salary. The formula for the same is given below:
  Salary(Basic +DA ) last drawn x15/26 x number of years of employment

  *Employees covered within the Payment of Gratuity Act, 1972:
  The Payment of Gratuity Act, 1972 prescribes gratuity for employees of certain organizations. The employees of the following organizations are entitled to gratuity:

  - Factory, plantation, mine, oilfield, port and railway company
  - Shops, establishments or educational institutions having ten or more employees on any day during the preceding twelve months

  Note: Once the Act becomes applicable to an organization, gratuity shall continue to be applicable for it even if the employees' count falls below ten.

  **Salary for this section means basic salary and dearness allowance (if it is given in the terms of employment for retirement benefits that form part of salary) and commission which is expressed as a fixed percentage of turnover.

  ii) Employees not covered by the Payment of Gratuity Act, 1972:
  The Payment of Gratuity Act, 1972 mandates certain organisations to make gratuity payments. However, other organisations are free to make a voluntary payment of gratuity to their employees. There are no restrictions on making such payments of gratuity. Tax exemption limit for such employees is the least of the following:

  a. 20,00,000
  b. Gratuity amount received
  c. The formula: 1/2x(last 10 months salary)/10 x number of years of employment
  (Here, months in a fraction is to be ignored)

  Note:
  i) Where gratuity is received from 2 or more employers in the same year, the aggregate amount of tax exemption for such gratuity cannot exceed INR 20,00,000.
  ii) Where gratuity is received in any earlier year from a former employer and is again received in a later year from another employer, the limit of INR 20,00,000 shall be reduced by the amount of gratuity that was exempted from tax earlier.

Illustrations

Mr A retired on 28.7.2020 after completing 25 years 6 months of service and received a gratuity of INR 15,00,000. During retirement, his salary was:

- Basic Salary: INR 40,000 p.m.
- Dearness Allowance: INR 15,000 p.m. (of which 60% is for retirement benefits)
- Commission: 1% of turnover (in the last 12 months turnover was INR 1,20,00,000)
- Bonus: INR 30,000 p.a.

Computation of his taxable gratuity assuming:
(a) He is private sector employee and covered by the Payment of Gratuity Act 1972.
(b) He is private sector employee and not covered by the Payment of Gratuity Act 1972.
(c) He is a Government employee.

(a) He is an employee covered under the Payment of Gratuity Act 1972

(b) He is not covered under the Payment of Gratuity Act 1972:

(c) He is a government employee.

Conclusion

The below chart summarises the taxability and related exemptions for gratuity amount received by an employee.