Deepshikha | Dec 11, 2021 |
Income From Salary- Sections and Components
The vast majority of taxpayers (more than 80%) record salary income on their income tax filings. Salary is the money paid to or payable to an employee in exchange for services given to his employer under an express or implied contract of conditions of service (letter of appointment). It’s vital to remember that even if a receipt is labelled as pay or remuneration in the hands of an individual, it may not qualify as “salary income” under the Income Tax Act. Between the payer and payee of salary, there must be an employer-employee or master-servant relationship. Again, simple payment of a sum does not define a particular receipt as compensation; an employee must have the right to receive remuneration from the employer.
Salary income is taxed based on receipt or due date, whichever comes first. This means that if your salary is due on the last day of the month but you receive it the next month, the salary is taxed in the month it was due. If the employer fails to pay the compensation on time, or if the employer fails to pay some or all of the salary in a given fiscal year, the salary will still be taxable on a due basis.
Section of the IT Act | Sub-section | Contents |
Section 15 | The charging section of salary defines the meaning of salary and what is included under the salary | |
Section 16 | Deductions from Salary; Standard Deduction | |
Section 17 | 1 | Salary includes pension, wages, annuity etc. (mentions inclusions in income from salary) |
2 | Perquisites to be included; valuation of perquisites | |
3 | Profits instead of salary and what is included therein |
Various receipts that are taxed as salary income are listed in section 17 of the Income Tax Act. Basic compensation or earnings, allowances and perquisites, and profits instead of salary are the three broad categories. These receipts will be detailed further down:
The taxable pay, according to the Income Tax Act, includes the basic salary, allowances, perquisites, and gains instead of salary. The distinction between perquisites and allowances is normally difficult to discern. The allowances are usually paid in cash and are intended to recompense the employee for various expenses spent while performing his or her job. These benefits are included in the employee’s pay package, but they are not specifically listed as part of the employee’s pay package.
Perquisites are the benefits that a person receives or is entitled to as a result of his or her position or work. To calculate taxable salary income, the perquisites must be included in the taxable salary. Because perquisites are usually provided in-kind rather than cash, they must be valued for an equivalent amount of cash to be included in salary income. For tax deduction reasons, the employee must value them and report such a valuation to his or her employer (TDS). Rule 3 of the Income Tax Rules explains how to value perquisites.
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