Leave Encashment & Perk Taxation

This query is : Resolved

sharma.ctc@gmail.com (Querist)
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10 April 2023 Dear Friends, Seek your guidance on the below query: -

One employee joined our organization in 2003 and left on 31st Mar 2023 (at the age of 72)
his basic monthly salary is 3,33,215/-

My question are: -
1. How many year of services to be considered for gratuity calculation (Joining till retirement age i.e. 10 Yrs or Joining till actual left date 20 yrs). Also is there any upper limit.

2. Leave Encashment - Same question as above. 2ndly can we show this in FY 23-24 instead of 22-23 (on the request of the employee)

3. we are providing the car as perk (the wdv of which is 20 Lacs) what will be the taxation on the same and can we also show it in 23-24.

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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09 July 2024 Here are the answers to your questions regarding gratuity calculation, leave encashment, and taxation of car perk:

1. **Gratuity Calculation:**
- The gratuity calculation considers the total number of years of continuous service completed by the employee. As per the Payment of Gratuity Act, 1972, the service period includes from the date of joining to the date of resignation or retirement.
- In your case, the employee joined in 2003 and retired in March 2023. Therefore, you should consider the total service period from the date of joining in 2003 until the date of retirement in March 2023, which is approximately 20 years.
- There is no upper limit prescribed under the Gratuity Act for the number of years of service to be considered for calculation.

2. **Leave Encashment:**
- Leave encashment also depends on the company's policy and the employment contract. Generally, accrued leave that has not been availed by the employee can be encashed upon retirement or resignation.
- Since the employee retired in March 2023, any accrued leave that was not utilized can be encashed as per company policy.
- Regarding the financial year for accounting purposes, if the leave encashment pertains to the period up to the retirement date (March 2023), it should ideally be accounted for in the financial year ending March 2023 (FY 2022-23). However, if there are practical reasons or if the employee requests, it may sometimes be accounted for in the subsequent financial year (FY 2023-24), but this should be done with proper documentation and approval.

3. **Taxation on Car Perk:**
- The taxation on the car perk provided to an employee is based on the value of the perk as per Income Tax rules.
- For taxation purposes, the value of the car perk is determined based on the actual cost to the employer or the prescribed rates set by the Income Tax rules (which may include depreciation and other factors).
- The value of the car provided as a perk (WDV of 20 lakhs) is considered as a perquisite and added to the employee's salary for taxation purposes.
- Whether you can show it in FY 2023-24 depends on when the perk was provided and when it is accounted for in your books. Generally, it should be accounted for in the financial year in which the perk was provided to the employee, unless there are specific provisions allowing for delayed recognition.

**Consultation:**
- For precise calculations and to ensure compliance with labor laws and tax regulations, it is advisable to consult with a qualified chartered accountant or tax advisor. They can provide specific guidance tailored to your company's policies and the applicable legal requirements in India.