Professional Documents
Culture Documents
Basis of Taxation
a) Receipts Basis (exceptions u/s 110 by Commissioner and 12(7) by an employee)
b) Employment Relationship
c) Services may be past, present, future
d) Any expenditure for business purposes shall not be considered.
Salary Income
a.
b.
c.
d.
Allowances
Perquisites
Terminal benefits
Other benefits
Deductions
Benefits
Basic Salary
HRA
Accommodation
Conveyance Allowance
Conveyance
Medical Allowance
Medical Facility- UTC
Medical Facility- Not
UTC
Loan
Traveling Allowance
Entertainment
Allowance
Utility Allowance
Bonus
Tax born by employer
Employee Share
Scheme
Rule
TT
TT
45% or Actual (higher is
taxable)
TT
10% / 5% of Cost / FMV
Exempt up to 10% of BS
TE
TT
TE
TE
TT
TT
TT
Benefit is taxable
Exceptions
30% for mufasal area
Business used
TT if medical fac. under the contract
Terminal Benefits
Benefits
Pension
Rule
TE
Exceptions
Age below 60 + Re-employment
Age below 60 + Receives more than one
pensions
Gratuity Scheme
Un approved
Ex up to Rs.200,000
Rs. 75,000 or 50%
(lower is exempt)
i.
ii.
iii.
iv.
Provident Fund RG
Provident Fund URG
Profits in lieu of Salary
Tax on Tax
A -Full Tax born by Employer
Example 5.1 (K.Petiwala example)
Basic salary Rs.318,000
House rent allowance Rs.127,200
Company car for office and personal use (cost Rs.900,000)
Medical allowance Rs.31,800
Tax is to be borne by the company
Solution 5.1
Basic salary
House rent allowance
Company maintained car: (5% of Rs.900,000)
Medical allowance
31,800
Less: 10% of basic salary
31,800
Taxable salary excluding tax borne by the employer
Tax born by Employer (W-)
Taxable Salary
Tax @ 5% on Rs.494,946 400,000
Working
1
2
3
318,000
127,200
45,000
nil
490,200
4,746
497,946
4,747
(490,200 -400,000) x 5%
490,200 + 4,510 = 494,710
(494,710 -400,000) x 5%
490,200 + 4,735 = 494,935
(494,935 -400,000) x 5%
4,510
4,735
4,746
552,000
220,800
50,000
nil
822,800
18,645
840,445
Working
1
24,780 X 70%
17,346
822,800
17,346
(840,146 -750,000) x 10% +17,500
26,514 X 70%
18,560
822,800
18,560
(841,360 -750,000) x 10% +17,500
26,636 X 70%
18,645
Following formulae may be adopted to compute gain or loss under the ESS.
1. Sale of Option (Salary)
Gain = Sale Price(SP) Cost (if any)
2. Acquisition of Shares (Salary)
Gain = Fair Market Value (FMV) Total Cost
FMV at the day when he was able to get benefit
3. Disposal of Shares (Salary)
Gain = SP Cost (With Restrictions)
4. Disposal of Shares (Capital Gain)
SP/FMV (Higher) FMV (Without Restrictions)
Illustration (ESS)
CAPS Limited has offered an employee share scheme to benefit its employees. The model of the scheme
is as follows:
Date of announcement:
Offer value
No. of share
Advance
Share issue date
Balance (Rs.28/-) is payable
FMV / Sale price
March 2010
March 2011
March 2012
March 2010
= Rs. 30/share
= 500 shares
= Rs. 2 per share
= March 2011
= March 2011
= Rs.50/Share
= Rs. 60/Share
= Rs.70/Share
Information of three employees of the company is provided to compute their taxable income and the
heads of income under which it would be taxed.
Kashif Shahzada:
Rameez Raja:
Farhan Khanzada:
March 2010 : participate in the scheme and paid Rs.2/share. Sold option of 200
shares for Rs. 2,000/March 2011: acquired 300 shares and paid Rs.28/share
March 2011: Sold 300 shares.
SOLUTON:
Kashif
Persons
Salary
Capital Gain
Salary
Rameez
2010
Rs. 4,000 = (5,000
1,000)
X
X
2012
X
15,000
(500 X 30 )
Capital Gain
X
Farhan
2011
Salary
Capital Gain
Rs. 1,600
{2,000 - (200 X 2 )
X
X
9,000
(300 X 30 )
X
X
70 - 60=10
500 X 10 = 5,000
X
X