Where Employee is serving more than 4.5 yrs of service
Gratuity payable will remain unchanged but tax on gratuity will be slightly differ which is as :-
e) Taxable gratuity =Gratuity Payable (b) - (Basic Salary * 15/26*complete no of yrs service r/o )
(here only difference amount of above reflect on which tax would be imposed)
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with the help of an example it would be very clear to understand.....................................
Suppose X & Y Employee left an organisation after 3.5yrs & 4.51 yrs of service correspondingly,at the time of leaving Basic Salary drawn by both was Rs.5000/-
Gratuity payable in all condition would be calculated with the help of formulla;- i.e Basic Salary15/22no of complete yrs of service
=500015/223 = Rs 10,227/-
c)Taxable Gratuity = 10227- 5000*15/30 *3)
= 10227- 7500 = Rs.2727
---employee is serving complete yrs of service which is 3 Yrs
Thus while calulatin the grautiy amount would not be differ but for the taxation point of view tax will be imposed on Rs 2727
d) Taxable Gratuity
---employee is serving complete 4yrs & .51 month which indicate r/o i.e for the purpose Gratuity Employee would be entitled to get the benefit of 5Yrs Gratuity .
Thus Gratuity payable for the employee would be Basic Sal * 15/22* complete no of yrs service r/o
= 500015/225=Rs.17,045/-
In this case Taxable Gratuity would be =17045- 500015/265 = Rs 17045-14423
= Rs. 2,622