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Tax on severance pay in India

Income tax Expert by Income tax Expert
November 29, 2019 - Updated on May 1, 2020
in Income Tax News
2
Tax on severance pay in India
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In Simple words Severance pay means:

“A severance package is pay and benefits employees may be entitled to receive when they leave employment at a company unwillfully”

Thus, as and when a company used to introduce a policy to lay off employees it used to pay severance pay to the employees to reduce its running cost and employee used to be confused on how to show this amount in his Income tax return as it was not a part of salary, nor it was covered under income from other sources.

In various cases, assessee used to argue that its a one time transaction with the company for maintaining his living as he wont be able to get any new employment very soon and thus they used to treat it as capital receipt and wont pay tax on same.

However in various cases it came to notice that many people used to immediately get another job and still didn’t offer such amount to tax and treat it as capital receipt. Same treatment was done in case of a business where an agreement was entered into between parties to stop one from doing business and paying a lump sum amount for same.

Now to tackle both a situation amendment was introduced by Finance Bill, 2018 w.e.f. 01.04.2019 in section 28 and section 56, wherein u/s 28(ii) the following clause was added:

“any person, by whatever name called, at or in connection with the termination or the modification of the terms and conditions, of any contract relating to his business;”

To tackle severance pay received by salaried employee a new clause as section 56(2)(xi) was introduced wherein it was mentioned that:

“any compensation or other payment, due to or received by any person, by whatever name called, in connection with the termination of his employment or the modification of the terms and conditions relating thereto.”

Thus after the above amendment any amount received for termination of any contract was brought under tax net and was no more a capital receipt.

 

This article is just for information purpose it is always advisable to hire a professional for practical execution. If you need assistance you can ask a question to our expert and get the answer within an hour or post a comment about your views on the post and also subscribe to our newsletter for latest weekly updates.

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Comments 2

  1. ADMIN says:
    3 years ago

    We don’t know what’s mentioned in that article but we think it is only referring to the normal 5 lakh rebate available under Income tax and assuming that the employee is earning only that amount. However that information is incorrect and what we can say is that this income shall also be taxable at normal slab rate.
    Rebate in Income tax: https://www.taxontips.com/know-all-about-rebate-u-s-87a-of-the-income-tax-act-for-fy-2018-19-and-fy-2019-20/

    If you wish to book a session with our experts Click here: https://www.taxontips.com/income-tax-notice/
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    Team Taxontips.com

    Reply
  2. Ganesh says:
    3 years ago

    Hello Sir, How the tax will be calculated if an employee receives Severance pay from his employer. By reading the several articles, I came to know that tax will be exempt if the severance pay is up to 5,00,000 INR. But How the tax will be calculated it the severance pay exceeds 5,00,000 INR (Not above 10,00,000 INR) ? And what will tax reduction % if it the severance pay exceeds 5,00,000 INR.? Kindly explain.

    Reply

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