Explain tax on leave encashment.

Forums Exemptions Explain tax on leave encashment.

Explain tax on leave encashment.

Is leave encashment taxable as salary or exempt? Please explain.

Profile photo of  Paresh Mahajan Asked By: Paresh Mahajan 1 replies 0 helpful answers Last Updated: 5 months, 2 weeks ago
  • Profile photo of  Paresh MahajanParesh Mahajan
    Participant

    Is leave encashment taxable as salary or exempt? Please explain.

  • Profile photo of Chetan ChandakChetan Chandak
    Moderator

    (i) Leave Encashment during service is fully taxable in all cases, relief u/s 89(1) if applicable may be claimed for the same.
    (ii) Any payment by way of leave encashment received by Central & State Govt. employees at the time of retirement in respect to the period of earned leave at credit is fully exempt.

    (iii) In case of other employees, the exemption is to be limited to the least of following:
    (a) Cash equivalent to unutilized earned leave (earned leave entitlement cannot exceed 30 days for every year of actual service)
    (b) 10 months average salary
    (c) Leave encashment actually received. This is further subject to a limit of Rs. 3,00,000 for retirements after 02.04.1998.
    (iv) Leave salary paid to legal heirs of a deceased employee in respect of privilege leave standing to the credit of such employee at the time of death is not taxable.

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