Gratuity - How to calculate it
Introduction Gratuity is a form of financial benefit that is given to employees upon the completion of their service in an organization. It is a way of expressing appreciation and gratitude for the hard work and dedication of the employee towards their job. In India, gratuity is regulated by the Payment of Gratuity Act, 1972, which specifies the conditions under which an employee is entitled to receive gratuity, the amount of gratuity that can be paid, and the process for calculating and paying gratuity.
Eligibility for Gratuity in India According to the Payment of Gratuity Act, 1972, an employee is eligible to receive gratuity if they have been employed with an organization for at least five years. This includes full-time, part-time, and temporary employees who are working in factories, mines, oilfields, plantations, ports, railway companies, shops, and other establishments. However, there are some exceptions to this rule, such as:
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Employees who are working on a daily wage basis
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Employees who are working on a piece-rate basis
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Employees who are working in seasonal establishments In addition to the above eligibility criteria, an employee must also meet one of the following conditions in order to receive gratuity:
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The employee has retired from service
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The employee has resigned from the organization
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The employee has died or become disabled due to an accident or illness
Calculation of Gratuity in India The amount of gratuity that an employee is entitled to receive is calculated based on the following formula: >Gratuity = (15 x Last Drawn Salary x Number of Completed Years of Service) / 26 In this formula, the "Last Drawn Salary" refers to the basic salary and dearness allowance (DA) that the employee was receiving at the time of their retirement, resignation, or death. The "Number of Completed Years of Service" refers to the number of years that the employee has worked for the organization, rounded off to the nearest year. For example, if an employee has a last drawn salary of INR 50,000 per month and has completed 10 years of service in the organization, their gratuity would be calculated as follows: Gratuity = (15 x 50,000 x 10) / 26 = INR 576,923 It is important to note that the maximum amount of gratuity that can be paid to an employee is INR 20 lakhs (2 million). If the gratuity calculated using the above formula exceeds this amount, the employee will only be eligible to receive INR 20 lakhs.
Taxation of Gratuity in India Gratuity received by an employee is taxable under the Income Tax Act, 1961. However, there are certain exemptions and deductions available that can reduce the tax liability on gratuity.
Exemptions:
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Gratuity received by an employee is exempt from tax if it is received on or after the employee has completed five years of service in the organization.
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Gratuity received by the legal heirs of an employee who has died is also exempt from tax. #
Deductions:
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An employee can claim a deduction of INR 20 lakhs from their taxable income if they have received gratuity from their employer.
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If the employee has received gratuity from more than one employer, the total amount of gratuity received from all employers is aggregated and a deduction of INR 20 lakhs is allowed. It is important to note that the above exemptions and deductions are subject to certain conditions and are applicable only if the gratuity received by the employee is included in their taxable income. #