Exgratia

This query is : Resolved

smitha rajesh (Querist)
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28 September 2017 Sir

COMPANY PAID EDUCATION EXPENSE OF ONE THE RETIRED EMPLOYEE'S SON. CAN THIS EXPENSE COME UNDER THE HEAD EXGRATIA.

CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)
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28 September 2017 Yes same is considered as ex-gratia payment

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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24 July 2024 No, the education expense paid by the company for a retired employee's son would typically not fall under the category of ex gratia payment. Here’s why:

### Ex Gratia Payments:

1. **Definition**: Ex gratia payments are voluntary payments made by an employer to an employee, or their heirs or successors, for services rendered or termination of employment. These payments are made without any legal obligation or liability.

2. **Nature of Payment**: Ex gratia payments are usually one-time payments or settlements made by employers as a gesture of goodwill, to support employees in specific situations such as retirement, voluntary separation, or in cases of hardship.

### Education Expense for Retired Employee's Son:

1. **Purpose**: If the company has paid for the education expenses of a retired employee's son, this is typically considered a benefit provided to the employee or their family.

2. **Tax Implications**: The payment for education expenses would be treated as a perquisite or benefit in kind for the retired employee. It would likely be subject to tax implications under the Income Tax Act, 1961, either as a perquisite taxable in the hands of the retired employee or as part of their income.

3. **Ex Gratia vs. Education Expense**: Unlike ex gratia payments, which are generally unrelated to specific services rendered and are discretionary, payment of education expenses is directly tied to a benefit provided to the retired employee's family.

### Conclusion:

The expense incurred by the company for the education of a retired employee's son should be correctly categorized as a benefit or perquisite provided to the retired employee or their family member. It does not qualify as an ex gratia payment because it does not meet the criteria of being a voluntary payment made without legal obligation and unrelated to services rendered.

For precise treatment and tax implications of such payments, it’s advisable to consult with a qualified tax advisor or chartered accountant who can provide guidance based on the specific circumstances and applicable tax laws. They can help ensure compliance with tax regulations and proper reporting of such benefits or perquisites.

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