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Taxability of retrenchment compensation

Gagan Gupta (Chartered Accountant) (161 Points)

12 January 2008

A software company is paying two month salary to its employees as retrenchment compesnation / severance pay. My query is whether this payment is liable to TDS salary or whether it is eligible for exemption u/s 10(10B).

Whar are the conditions for claiming exemption u/s 10 (10B)?

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Vishal Goel (Chartered Accountant) (1688 Points)
Replied 23 March 2015

Retrenchment Compensation means any payment received by an employee on termination of his contract of service either due to his professional misconduct, violation of Company policies, or due to incapability of the company to continue any of its units further.

TAXABILITY:

Retrenchment Compensation received by a workman under the Industrial Disputes Act 1947 or any other Act is exempted to the following limits.

Least of the following is exempt:

Amount actually received.
15 days average pay for every completed year of continuous service or part thereof in excess of 6 months.
Basic exemption limit of 5, 00,000.

For this purpose, average pay will be calculated as under:

if the workman is entitled to monthly salary, then on the basis of the salary of last three calendar months; or
if the workman is entitled to weekly wages, then on the basis of wages of last four completed weeks; or
if the workman is entitled to daily wages, then on the basis of wages of last twelve full working days.

Compensations in excess of the above mentioned limits is taxable as salary or profit in lieu of salary