Part 2 VALUATION OF PERQUISITES IN RESPECT OF FREE EDUCATION [RULE 3(5)]
Facility provided to employee Not taxable
Facility provided to family member Facility provided in an institution owned Child of the assessee: Cost of such by the education in similar employer institution subject to an exemption of ` Facility provided in any institution (not 1,000 p.m. per child owned shall be taxable1 by the employer) by reason of his being in Other family member: Cost of such employment. education in similar institution shall be taxable. Reimbursement of education expenditure Actual reimbursement shall be taxable. to Such reimbursement employee. of tuition fee shall also be taxable in the hands of Central Government employee. (Circular letter No 35/7/65–IT(B) dt 12/2/1965) Who is chargeable Case Taxability in the hands of In case of reimbursement; or All employee School fee of family member of the employee paid by the employer directly to school In any other case Specified employee VALUATION OF PERQUISITES IN RESPECT OF FREE TRANSPORT [RULE 3(6)]
Case Taxability in the hands of
If employer is engaged in transportation Amount charged from public for such business. facility is taxable in the hands of specified employee. In any other case Actual cost of employer for such facility is taxable in the hands of all employees. VALUATION OF PERQUISITES IN RESPECT OF INTEREST FREE LOAN OR CONCESSIONAL RATE OF INTEREST [RULE 3(7)(i) • Perquisite in respect of interest free loan or loan at concessional rate of interest to the employee or any member • of his household by the employer or any person on his behalf, is not taxable if aggregate amount of loan given by • the employer (or any other person on his behalf) does not exceed ` 20,000. The taxable value of such perquisite • shall be determined as per the rate as on the 1st day of the relevant previous year charged by the State Bank of • India in respect of loans for the same purpose advanced by it. a.Maximum outstanding monthly balance: Interest is calculated on the maximum outstanding monthly balance. Maximum outstanding monthly balance means the aggregate outstanding balance for each loan as on the last day of each month. b. Loan for medical treatment: Nothing is taxable if loan is given for medical treatment of the employee or • any member of his household in respect of diseases specified in rule 3A. However, such exempted loan willnot include the amount that has been reimbursed by an insurance company under any medical insurance scheme. c) Concessional interest: Any interest paid by the employee to the employer for such loan shall be reduced from the above computed value. If rate of interest charged by the employer is higher than the above rate,nothing is taxable as perquisite. d) Amount on which interest shall be calculated: If loan amount is more than ` 20000, interest shall be levied on total loan amount, rather than the excess amount. e) Treatment of outstanding loan taken earlier: Interest on loan, taken before insertion of this provision, shall also be treated as taxable perquisite. CLUB EXPENDITURE [RULE 3(7) (vi)] Where such expenses are incurred wholly Nil and exclusively for office purpose and specified conditions# are satisfied. Where health club, sports and similar Nil facilities are provided uniformly to all employees by the employer Where the employer has obtained Amount incurred by employer for such corporate facility shall membership of the club and the facility is be taxable perquisite in the hands of all enjoyed by employees. the employee or any member of his However, initial fees paid for obtaining household corporate membership shall not be a taxable perquisite. Any payment or reimbursement by the If directly paid by the employer employer of Any amount incurred by the employer as any expenditure incurred (including the reduced by VALUATION OF PERQUISITES IN RESPECT OF USE OF MOVABLE ASSETS [RULE 3(7)(vii)]
• If employee (or any member of his household)
uses any movable asset (other than the assets for which provisions • have been made) belonging to employer, then such facility is taxable in the hands of all employees. The value of • such benefit is determined as per the following table: If the asset is owned by the employer 10% of the original cost of such asset. If the asset is hired by the employer Charges paid or payable by the employer TAX ON EMPLOYMENT OR PROFESSIONAL TAX [SEC. 16(iii)]
• Tax on employment, profession, trade, etc.
levied by a State under Article 276 of the Constitution will be allowed as • deduction on cash basis, whether paid by employee or by employer (on behalf of employee) from gross taxable • salary. • Note: • If employer (on behalf of employee) pays Professional tax then: • a. Firstly, it is to be included as taxable perquisite; and • b. Further, it is allowed as deduction u/s 16(iii). • Illustration • Illustration 35. • Mr. Rohit a non-Government employee has the following salary details: • a. Basic Salary ` 5,000 p.m. b. D.A. ` 2,000 p.m. • c. Entertainment Allowance ` 300 p.m. • d. Professional tax paid by employee ` 600 • e. LIC Premium paid by employer ` 3,600 • f. Income tax paid by employee ` 2,000 • g. Professional tax paid by employer on behalf of employee ` 1,600 A. Conversion of Net Salary into Gross Salary
• Sometimes net basic salary is given after
deduction of TDS, Loan repayment, PF deduction etc that needs to be • grossed up as under: • Net Salary = Gross Salary – Employee’s contribution to provident fund – TDS – loan repayment by employee – other • deduction from salary (if any).