[Meaning of Perquisites as per Income Tax Act, Types of Perquisites, Taxability of Perquisites, Partly Taxable perquisites, Fully Exempted Perquisites]
Define ‘perquisite’ as per income tax act. What are its various types? Explain how perquisites are taxable in the hand of employee.
Meaning of Perquisites (Sec. 17[2]):
(i) The value of rent-free accommodation provided (used or not) to the
assessee by his employer;
(ii) The value of any concession in the matter
of rent respecting any accommodation provided
(used or not) to the assessee by his employer;
(iii) The value of any benefit or amenity granted or provided (used or not)
free of cost or at concessional rate in any of the following cases (specified
employee):
(a) By a company to an employee, who is a
director thereof;
(b) By a company to an employee is a person
who has a substantial interest in
the company;
‘Substantial Interest’: In relation to a
company, means a person who is the beneficial owner of shares, not being shares
entitled to a fixed rate of dividend whether with or without a right to
participate in profits, carrying not less than 20% of the voting power.
(c) by any employer (including a company) to
an employee to whom the provision of clause (a) and (b) do not apply and whose
income under the head of Salaries (whether due from or paid or allowed by, one
or more employer), exclusive of the value of all benefits or amenities not
provided for by way of monetary payment, exceeds Rs. 50,000.
(iv) Any sum paid by the employer in respect of any obligation on behalf of
the employee;
(v) any sum payable (not necessarily paid) by the employer to effect an
assurance on the life of the employee or to effect a contract for an annuity;
(vi) the value of any other fringe benefit or amenity as may be
prescribed.
The perquisites can be divided into three categories:
1.
Perquisites
which are taxable for all employees
2.
Perquisites
which are fully exempted
3.
Perquisites
which are taxable for specified employees only
1. Perquisites which are taxable for all employees:
a)
Rent
fee accommodation or House at a concessional rate.
b)
The
obligation of employee met by employer e.g. professional Tax and Income Tax
paid by the employer.
c)
The
amount payable by an employer to effort an assurance on the life of the
assessee or to effect a contract for an annuity.
d)
Domestic
servants engaged by employee and salary paid by the employer.
e)
Gas
water and electricity bills in the name of an employee paid by the employer.
f)
Interest-free
loan or loan at a concessional rate.
g)
Transfer
of employer’s movable assets to the employees.
h)
Use
of employer’s movable assets other than laptop and computer.
i)
Car
or other conveyance owned by employee used for private purpose and expenses are
met by employer.
j)
Lunch
or dinner provided by the employers in office hours is taxable.
k)
Gift
or gift voucher exceeding Rs. 5000 is taxable.
l)
Contribution
to the approved superannuation fund of the employee above Rs. 1,50,000.
2. Perquisites which are fully exempted:
a)
The
medical facility in employer’s hospital, clinic, dispensary (or) nursing home
to the members of an employee’s family (spouse, children, dependent parents,
dependent brother and sister).
b)
A
medical facility in a government hospital paid or reimbursed by the employer.
c)
Any
medical expenses paid (or) reimbursed by the employer to the employee for
treatment in a hospital for notified diseases.
d)
Mediclaim
insurance premium paid (or) reimbursed by the employer to the employees in
respect of med claim insurance policy on his own life or life of members of his
family.
e)
Refreshment
provided by an employee to all employees during office hours.
f)
Recreation
facilities provided by an employer to employees.
g)
Amount
spent on training of employees. Cost of refresher course attended by employee,
met by the employer including the expenditure of higher education or training
India or abroad.
h)
Goods
manufactured and sold by an employer to his employees at concessional rates.
i)
Free
telephones including mobile phone provided by the employer for personal or
official purpose or official purpose etc.
j)
Free
education facility provided to the children of an employee in an institution
owned/maintained by the employer provided a fair value of education does not
exceed Rs 1000.
k)
Interest-fee/concessional
loan of an amount not exceeding or loan taken for medical treatment of a member
of the family of an employee.
l)
Computer/laptop
given to an employee for official/personal use.
m)
Transfer
of movable assents (other than computer, car or electronic items) to an
employee after using them for 10 years or more.
3. Perquisites which are taxable for specified employees only:
The following Perquisites are taxable in the
hands of specified employees.
a)
Domestic
servants provided by an employer.
b)
Gas,
electricity or water for the household purpose provided by an employer.
c)
Education
facility provided employer.
d)
Leave
travel concession.
e)
Car
or any other automotive conveyance.
f)
Transport
facility by transport undertaking.
Taxability of Perquisites
A. Rent free furnished/unfurnished
accommodation or House at concessional rent
a. For govt.
employee: License fees fixed by government + 10% of the cost of furniture or
hire charges – amount recovered from the employee.
b. For non- Government
employee:
Population |
Owned by employer |
Hired by employer |
If population is < 10 lakhs If population is >10 lakhs but <
25 lakhs If population is> 25 lakhs |
7.5% of salary 10% of salary 15% of salary |
Actual hire
charges or 15% of salary whichever is less. |
If furnished |
Add 10% of the
cost or hire charges |
Add 10% of the
cost or hire charges |
If concessional house |
Deduct amount
recovered from the employee |
Deduct amount
recovered from the employee |
Hotel accommodation (more than 15 days) |
24% of salary or
actual expenses whichever is lower |
24% of salary or
actual expenses whichever is lower |
Meaning of salary |
Basic + DP + DA
which enters + fee + commission of all types + statutory bonus + all fully
taxable allowance + salary in lieu of leave for current year but does not
include arrears advance perquisites, provident fund excess, gratuitous bonus. |
B. Discharging
of any monetary obligation of employees: gas and electricity bill, education of
children, income tax professional tax, the salary of a domestic servant, Life
insurance premium = actual expenses met by the employer
C. Annual
contribution to approved superannuation fund above Rs. 100000
D.
Interest-free loan or loan at concessional rate = Interest charged by SBI on
similar loan – amount recovered from the employee. But it is exempted if the
loan amount is up to Rs. 20000 and if taken for medical treatment.
E. Gift
vouchers up to Rs. 5000 is exempted
F. Credit card
facility = total expenses – recovered from the employee – used for official
purpose
G. Use of assets movable assets except for
computer or laptops= 10% of the cost of assets (time basis)
H. Transfer of
movable assets (Depreciation charged on year to year basis i.e. 12 months) =
Electronics = 50%
p.a. on WDV basis
Motor car or other conveyance
= 20% p.a. on WDV basis
Any other item = 10%
p.a. on SLM basis
I. Car
facility
Particulars |
Engine CC is up
to 1.6 liters |
Engine CC is
above 1.6 liters |
Car owned or
hired by employer and expenses are met or reimbursed by employer: |
||
a. Used for Official
Purpose b. Used for
Pvt. Purpose C. Used for
both |
Car owned or hired by employer and expenses
are met or reimbursed by employer: Nil Actual expenses + salary of driver+10% of
the cost of the car – amount recovered from the employee 1800 p.m + 900 p. m. (salary to
driver/Chauffeur if any) |
Car owned or hired by employer and expenses
are met or reimbursed by employer: Nil Actual expenses + salary of driver+10% of
the cost of the car – amount recovered from the employee 2400 p.m + 900 p. m. (salary to
driver/Chauffeur if any) |
Car is owned by
the employee but its running and maintenance expenses are met or reimbursed
by an employer |
||
a. Used for
Official Purpose b. Used for
both Pvt. And official purpose |
No value to be taxed 1800 p.m + 900 p. m. (salary to the driver) |
No Value to be taxed 2400 p.m + 900 p. m. (salary to the driver) |
Where any other
vehicle owned by the employee but expenses met or reimbursed by the employer |
||
a.
Used for Official Purpose b.
Used for both Pvt. And official purpose |
No value to be
taxed Actual
expenditure – 1800 p.m + 900 p. m. (salary to the driver). |
No value to be
taxed Actual
expenditure – 2400 p.m + 900 p. m. (salary to the driver) |
Free use of car
between office and residence |
||
|
No perquisite |
No perquisite |
Conveyance
facility to the high court and supreme court judges |
||
|
Exempted |
Exempted |
More than one
car provided by the employer |
||
|
One car @ Rs.
1800 p.m. + 900 p.m. and other cars as deemed to be used for personal purpose
and valued as mentioned above |
One car @ Rs.
1800 p.m. + 900 p.m. and other cars as deemed to be used for personal purpose
and valued as mentioned above |
J. Free
education in employers own school or college for employee’s children: if the
fair cost of education is less than Rs. 1000 then the value of perk is to be
taken as nil and if the fair cost of education is more than Rs. 1000 p.m. then the value of perk is = cost of employer
– 1000 p.m.
K. Medical
facility or reimbursement of medical expenditure for self, family members and
dependents in India:
(i) It is fully
exempted if:
(a) Facility
provided in the employer’s hospital
(b) Treatment in a
government hospital
(c) Medical
insurance premium paid under any approved scheme Health insurance premium paid
under notified scheme (sec. 88D)
(ii) If treatment is
taken outside India, Expenses of stay and treatment with one attendant exempted
up to amount allowed by RBI. Expenses of travelling with one attendant fully
exempted if gross total income excluding such travelling expenses does not exceed
Rs. 2,00,000
L. Refreshments: Free meals provided during office hours in business premises is exempt up to Rs.50 per meal