Should components of fom 12BA (perquisites and profit in lieu of salary) should be considered for the calculation TDS on salary for an employee
2 Replies
sabyasachi mukherjee
(27574 Points)
Replied 29 August 2022
Some perquisites are taxable depending on the nature of employees. profit in lieu of salary is also taxable.
Adv. Ravish Bhatt, ADIT, CIOT
(Dual Qualified Lawyer/ Solicitor International Tax Affiliate CIOT)
(1110 Points)
Replied 29 August 2022
1. In terms of rule 3, rule 26A and s.192(1), yes perquisites will be required to be considered for deduction of TDS.
2. However, s.192(1A) provides an option to the employer to deposit tax on perquisites without deducting the amount (qua perquisites) from salary. Such tax paid itself will be a perquisite as such in the hands of employee and should be added to employees salary. However, s.10(10CC) exempts such tax paid from total income of an employee and it is not taxable in the hands of employee if employer exercises option u/s.192(1A).
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