TDS on full & final settlement in the case of retrenchment

This query is : Resolved

JITENDRA RAMESH MORE (Querist)
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26 May 2022 Dear Sir\Madam,

My query is we have received fund on retrenchment like Gratuity, Leave encashment, Notice Pay & retrenchment charges.

So, we would like to know there is TDS applicable on above heads if salary amount is taxable.

Thanks & Regards,
Jitendra More

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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11 July 2024 In India, TDS (Tax Deducted at Source) applicability on payments received during retrenchment or separation from employment depends on the nature of these payments and their tax treatment under the Income Tax Act. Let's break down the TDS applicability for each component you mentioned:

### 1. Gratuity:

- **Gratuity** received by an employee upon retirement or termination is taxable under the Income Tax Act, subject to certain exemptions.
- However, as per Section 10(10)(ii) of the Income Tax Act, gratuity received by a government employee, statutory body, or local authority employee is fully exempt from tax.
- For non-government employees, gratuity is exempt up to a certain limit, based on the provisions of the Act, and any amount exceeding this limit is taxable.
- **TDS Applicability:** If the gratuity amount exceeds the exemption limit and is taxable, the employer is responsible for deducting TDS under Section 10(10)(ii) of the Income Tax Act at the time of payment.

### 2. Leave Encashment:

- **Leave encashment** received by an employee for accrued and unused leave is taxable under the Income Tax Act.
- The tax treatment depends on whether the leave encashment is received during the tenure of employment or upon retirement or separation.
- **TDS Applicability:** If the leave encashment amount exceeds the exempt limit (if any) and is taxable, TDS is deducted by the employer at the time of payment.

### 3. Notice Pay:

- **Notice pay**, which is the compensation paid by the employer when an employee resigns without serving the full notice period as per contract, is generally taxable as salary income.
- **TDS Applicability:** TDS is deducted by the employer on the amount of notice pay paid to the employee as per the applicable income tax slabs.

### 4. Retrenchment Charges:

- **Retrenchment compensation**, which includes any severance pay or compensation received due to job loss or redundancy, is taxable under the head "Income from Salary" or as "Profit in lieu of Salary".
- **TDS Applicability:** TDS is deducted by the employer on the retrenchment compensation paid, based on the applicable income tax rates.

### Conclusion:

In summary, TDS is applicable on payments such as gratuity, leave encashment, notice pay, and retrenchment charges if these amounts are taxable under the Income Tax Act. The employer is responsible for deducting TDS at the time of making these payments to the employee.

It's essential to consult with a tax advisor or chartered accountant to ensure compliance with all applicable tax laws and to accurately determine the TDS liabilities based on the specific circumstances and exemptions available under the Income Tax Act.