An allowance is a regular, fixed amount provided to employees in addition to their salary to cover specific expenses. Generally, allowances are considered part of taxable income unless specifically exempted. Below is a detailed overview of various allowances as per the Income Tax Act and the 2024 Budget.
Allowances for Job-Related Expenses: Section 10(14)(i)
Certain special allowances are granted to cover expenses wholly and exclusively incurred in performing job duties. These allowances are fully exempt from tax as long as the amount is entirely used for the purpose for which it was provided. There is no cap on the amount, but it must be utilized as intended. Examples include:
- Travelling Allowance
- Daily Allowance
- Conveyance Allowance
- Helper Allowance
- Academic Allowance
- Uniform Allowance
Note: Employees opting for the provisions of Section 115BAC can only claim exemptions for travelling, daily, and conveyance allowances.
Allowances for Personal Expenses: Section 10(14)(ii)
These allowances are granted to cover personal expenses at the place of work or residence or to compensate for the increased cost of living. Unlike job-related allowances, there is a limit on the amount exempted from tax. Any excess is taxable as salary income, regardless of whether the amount was spent as intended. Key examples include:
- Children's Education Allowance
- Hostel Expenditure Allowance
- Compensatory Field Area Allowance
- Compensatory Modified Field Area Allowance
- Counter Insurgency Allowance
- Transport Allowance
- Underground Allowance
- High Altitude Allowance
- Special Compensatory Highly Active Field Area Allowance
Note: Employees opting for Section 115BAC can only claim a transport allowance exemption if they have certain disabilities, up to ₹3,200 per month.
House Rent Allowance (HRA): Section 10(13A)
HRA is a crucial allowance provided by employers to cover rental expenses for an employee's residence. The tax exemption is calculated based on the least of the following:
- Actual HRA received
- Rent paid minus 10% of the salary
- 50% of the salary for employees in metro cities, 40% in non-metro cities
Note: No exemption is allowed if the employee lives in a self-owned house or doesn't incur actual rental expenses.
Leave Travel Allowance (LTA): Section 10(5)
LTA covers expenses incurred by an employee for travel within India, along with their family (up to two children). The exemption is available for the actual travel expenses in two journeys within a block of four years. The current block is from January 1, 2018, to December 31, 2021, with an option to carry forward one journey to the following calendar year.
Allowances for Government Employees Posted Abroad: Section 10(7)
Government employees posted abroad receive allowances and perquisites that are fully exempt from tax, provided they are paid by the Government of India.
Death Cum Retirement Gratuity: Section 10(10)
The tax treatment for retirement gratuity depends on the type of employment:
- Defence Services: Fully exempt.
- Central Government/Civil Services: Fully exempt.
- Other Employees:
- Covered by the Payment of Gratuity Act, 1972: Exempt up to the least of ₹20,00,000, the actual gratuity received, or 15 days' salary for each completed year of service.
- Not covered by the Payment of Gratuity Act: Exempt up to the least of ₹20,00,000, the actual gratuity received, or half of the average salary for the last 10 months, for each completed year of service.
Leave Salary Exemption: Section 10(10AA)
Leave encashment received during employment is fully taxable. However, if received upon retirement, superannuation, or resignation, exemptions are available as follows:
- Central/State Government Employees: Fully exempt.
- Other Employees: Exempt up to the least of ₹25,00,000, the actual amount received, 10 months' average salary, or cash equivalent of unveiled leave.
Note: The aggregate maximum exemption for leave encashment across employers cannot exceed ₹25,00,000.
Commuted Pension Exemption: Section 10(10A)
Commuted pension (a lump sum payment in place of periodic pension payments) is exempted as follows:
- Government Employees: Fully exempt.
- Other Employees: Exempt up to one-third of the pension if gratuity is received, and one-half if not.
Pensions received from certain insurance funds are also fully exempt.
Retrenchment Compensation: Section 10(10B)
Retrenchment compensation is provided to employees terminated for reasons other than disciplinary action. The exemption is available for the lower of the following amounts:
- Actual retrenchment compensation received
- ₹5,00,000 as specified by the Central Government
- 15 days' average pay for each completed year of service
Voluntary Retirement Scheme (VRS) Compensation: Section 10(10C)
Compensation under VRS is exempt up to Rs.5,00,000, provided the employee has completed 10 years of service or is at least 40 years old. The scheme must apply to all employees except directors and should lead to a reduction in the workforce without filling the vacated positions.
Tax on Perquisites: Section 10(10CC)
Non-monetary perquisites received by an employee are taxable as part of the salary. However, if the employer pays the tax on these perquisites on behalf of the employee, the tax is exempt in the hands of the employee.
This guide provides a comprehensive overview of the various tax exemptions available to salaried individuals under the Income Tax Act and the latest provisions in the 2024 Budget. Understanding these allowances can help optimize your tax liabilities and ensure compliance with the law.