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Money
which you earn from different sources is
taxed differently. So if you are a salary
earner, your salary income to be taxed will
be calculated in a different way from gains.
The term
"Salaries" includes remuneration in any
form for personal service, under an expressed
or implied contract of employment or service.
Section 17 of Income Tax Act defines salary
to include
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Wages
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Pensions
or Annuities
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Gratuities
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Advance
of Salary
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Any
cess, commission, perquisites or profits
in lieu of or in addition to salary
or wages.
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Any
encashment of leave salary.
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Any
amount of credit to provident fund of
employee to the extent it is taxable.
Therefore "salary" includes basic salary,
encashment of leave salary, advance of salary,
arrears of salary, various allowances such
as dearness allowance, entertainment allowance,
house rent allowance, conveyance allowance
and also includes perquisites by way of
free housing, free car, free schooling for
children of employees, etc.
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There
must be relation of employer and employee
between the payer of income and receiver
of income.
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Salary
may be from more than one employer.
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Salary
may be received from not just the present
employer but also a prospective employer
and in some cases even from a former
employer for example pension received
from a former employer.
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Salary
income must be real and not fictitious
there must an intention to pay and receive
salary.
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Forgoing
of salary ie if an employee surrenders
his salary to the central government,
then the salary so surrendered will
not be treated as taxable income of
the employee.
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Salary
paid tax free - Tax free salary means
the salary on which income tax is borne
not by the employee but by the employer.
Tax free salary is also taxable in the
hands of the employee.
Salary is taxable in the year of receipt
or in the year of earning of the salary
income, whichever is earlier. i.e. if the
salary has been received first, then it
will be taxable in the year of receipt.
If it has been earned first but not yet
received then it will be taxable in the
year of earning. Salary income is taxable
in the hands of individuals only. No other
type of person such as a firm or HUF, companies
can earn salary income.
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