Table of Contents
Background
In general sense we can say that leave that you can freely avail while performing your services. Normally there are few numbers of paid leaves are available to the employees while their work span on monthly/yearly basis.
However, it is not necessary that an individual employee utilizes all the leave he is entitled to in a year. In fact, most employers allow the employees an option of carrying forward such unutilized paid leaves.
So that's how the concept of leave encashment comes in a picture.
What Is Leave Encashment
Employees can accumulate the un-utilize paid leaves till their retirement or resignation from the company & which compels the employer to compensate the unutilized paid leave of the employees. This concept is better known as leave encashment.
Taxability
Leave encashment received by employees is taxable in two ways
- Received at the time of his job then such amount will be fully taxable & forms part of " Income from Salary "( However Assesse can get tax relief under section 89 of income tax act by filling form 10E )
- Leave encashment received at the time of retirement or resignation,
| Leave encashment received by | Taxability |
| State and Central Government employees | Fully tax-exempt |
| Non-government employees |
Partly exempt and partly taxable. The exemption is based on the calculation specified in Section 10(10AA)(ii). |
| Legal heir of a deceased employee |
Fully tax-exempt. Leave encashment amount received by the Legal heir of a deceased employee is fully tax-exempt in the hands of the legal heirs. |
Exemption specified us Section 10(10AA)(ii)
Exemption will be least of the following
- Notified By Government i.e. Rs. 25,00,000
- Actual Encashment Amount Received
- Average Salary** of Last 10 months
- Salary per day*unutilized leave (considering maximum 30 days leave per year) for every year of completed service
Note: **Salary For this purpose includes Basic salary + Dearness Allowance + Turnover Commission
Illustration
Lets take an example
Calculate taxable Leave encashment keeping the below details in mind.
Mr.X (Non-Gov Emp) retiring after 10 Years
Entitled Pay leaves per year from his employer is 40 days i.e. 400 Days
Utilized Leaves: 200 days (Un-utilized: 200 days)
Basic Salary + DA: Rs. 30,000 Per Month (Rs. 1,000 per day)
Encashment received: Rs. 2,00,000 (Rs. 1,000*200)
Solution
| Particulars | Amount (in Rs) |
| Leave encashment received |
2,00,000 (200 days* Rs 1,000) |
| Less: Exempt | 2,00,000 |
| Least of the following: | |
| 1. Amount notified by the Government | 25,00,000 |
| 2. Actual leave encashment | 2,00,000 |
| 3. Average salary for 10 months = Rs 30,000 * 10 months | 3,00,000 |
| 4. Rs 1,000 * (30 days * 10 completed years of service minus 200 days of utilised leave) | 1,00,000 |
| Leave encashment taxable as ‘income from salary | 1,00,000 |
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