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CIRCULAR TDS ON SALARY – Financial Year 2013-14 (01.04.2013 to 31.03.2014) This Circular is proposed for the Current Financial Year 2013-14 with respect to Exemptions / Deductions in determining TDS on Salaries which will be Part – I: Based on actual submission of documentary proof Part –II: Based on Declaration Part – I: Allowances / Deductions to be provided based on actual submission of documentary proof: Following allowances / deductions will be allowed in arriving at the taxable salary in the month of submission of necessary documents supporting exemption/ deduction. 1. House Rent Allowance 2. Car Scheme Reimbursement ( if applicable ) 3. Medical Reimbursement 4. Telephone Reimbursement ( if applicable ) 5. Professional Pursuit ( if applicable ) 6. Leave Travel Allowance ( if applicable ) 7. Deduction for Interest on Housing Loan Part – II: Deductions / Exemptions to be provided based on Declaration: Following Savings and Investment Schemes are allowed as deduction in arriving at the taxable salary provided the proof for such savings and investment are submitted within the cut-off date specified by each employee in their declaration. The cut-off date shall in no case exceed 25th January 2014. 1. L I C Premium, N S S, PPF, N S C (u/s. 80 C) 2. Tuition fees for children (u/s. 80 C) 3. Tax Saver Fixed Deposit (5 Years u/s.80 C) 4. Investment made under an Rajiv Gandhi Equity Savings Scheme (u/s. 80CCG) 5. Medical Insurance (u/s. 80 D) – Includes Health Preventive Checks upto Rs.5,000 p.a. 6. Educational Interest (u/s. 80E) 1 7. Interest on New Housing Loan (u/s. 80EE) Conditions for Proof Submission for Part-II: 1) Each employee shall specify a cut-off date within which he / she could submit the necessary proof for investments. The cut-off date shall be not be later than 25th January 2014. However review will be made in the month of January 2014 and if still necessary documents are not submitted within such time, then investments would be considered to the extent proofs are submitted and if no proofs are submitted as of the cut-off date, then investment would be considered “Nil”. 2) Proofs submitted after the said cut-off date will be considered prospectively for the month following the month of submission of proof for the purpose of TDS Calculation. (There will be no question of retrospective effect for proofs submitted on / after the cut off date.) 3) TDS if deducted from salary in any months will not be refunded under any circumstances. Therefore employees are advised to plan well in advance. 4) The annexure to this circular details the procedure to be adopted for Computing TDS on various heads of payments. 5) The declaration screen for the above will be available in the Employee Portal only upto 30th JULY 2013. 6) Employees are requested to select and update only on appropriate declaration portion available in PART II of Deductions / Exemptions above, as provided in the employee portal. 7) IF INAPPROPRIATE DECLARATION IS GIVEN IN PART II (OR) ERONEOUS DECLARATION IN INAPPROPRIATE FIELDS IS GIVEN IN TAX DECALARATION, THEN SUCH DECLARATION AMOUNT WILL NOT BE CONSIDERED IN THE TAX CALCULATION. Nature of Income Basic When allowed as deduction/ exemption Always fully taxable OPE Always fully taxable Treatment of House Rent Allowance (HRA) 1. Employee must have classification as HRA in his salary. 2. Employee must pay the rent 3. Exemption is not available if employee stays in his own house. 2 If the employee claims the Interest on Housing loan (u/s 24 as self occupied property), HRA exemption will not be allowed under any circumstances 4. Exemption is subject to the conditions specified in the IT Act. 5. Employee should submit copy of Lease / Rental Agreement. In case agreement is not executed, then ORIGINAL Rent Receipts with Revenue stamp shall be submitted. 6. Rent receipt should contain the Name, phone number of land lord and address of the rented property. 7. Employee must submit ‘Rent Payment Declaration’ (declaration enclosed). Without this declaration, the HRA exemption will not be considered. 8. If the employee has house on which housing loan is taken and his family (spouse and children only) stays in such house and the employee stays in a rented house in a another place due to his employment, in such case he can claim both the housing loan interest and HRA exemption if it is authorized by HR department in writing. Interest on Housing Loan u/s 24 (To be considered as deduction from Income under head House Property) 1. Employee should have taken housing loan in his name or along with his / her spouse. If, along with his / her spouse loan taken, the spouse should not claim tax exemption on his / her Income Tax Computation, if any. 2. Such house must be occupied by the employee. 3. Bank certificate on Interest on Housing Loan must be submitted by the employee. 4. for Tax Exemption - Self Occupied Property acquired /constructed before 01-04-1999 - Rs.30,000/- eligible & Self Occupied Property acquired /constructed after 01-041999 - Rs.150,000/- eligible) 5. This deduction is not available if the employee claims HRA exemption. 6. Employee must produce declaration for claiming this deduction (declaration enclosed). Without this declaration, exemption will not be considered. Interest on NEW Housing Loan Additional Deduction in respect of interest on loan (u/s. 80EE (Additional sanctioned DURING financial year 2013-14 for acquiring deduction – deduction to be residential house property to the extent of Rs.1 lakh. Conditions to avail the tax benefitsmade from Total Income) (i) the loan SHALL BE sanctioned by the financial institution during the period beginning on 1st April, 2013 and ending on 31st March, 2014; 3 Conveyance allowance (ii) the amount of loan sanctioned for acquisition of the residential house property shall not exceed twenty-five lakh rupees; (iii) the value of the residential house property shall not exceed forty lakh rupees; (iv) THE ASSESSEE DOES NOT OWN ANY RESIDENTIAL HOUSE PROPERTY ON THE DATE OF SANCTION OF THE LOAN. 1. Employee must have classification as conveyance allowance in his salary. 2. Exemption is based on the conditions specified in the IT Act. ( at present Rs. 800 per month or actual allowance from his salary whichever is lower) 3. This allowance is not eligible for Employees claiming Car reimbursement and for trainees. 4. Employee need not produce any supporting documents for this allowance. Education allowance 1. Employee must have classification as Education allowance in his salary 2. Exemption is allowed for Rs.100 per child per month subject to a maximum of two children. 3. Employee may provide Self Declaration to this effect. Food allowance 1. Employee must have classification as Food allowance in his salary 2. Exemption is allowed to the maximum of Rs.2,000/- per month or actual food allowance received from his salary whichever is lower Academic, Research Professional Pursuit Telephone reimbursement and 1. Employee must have classification as Professional pursuit in his salary 2. Employee must get approval from HR Department for higher studies for which he/she claims the exemption. 3. Exemption is allowed based on eligible courses and production of copy of proper receipts from the Recognized Institutions. 1. Employee must have classification as Telephone reimbursement in his salary. 2. Employee must produce the copy of the telephone bills. (payment receipts for “prepaid” mobile service are not 4 eligible for this exemption). 3. Maximum eligible amount is based on cadre of employee. Variable Pay Always fully taxable Additional Pay Always fully taxable Site Allowance Always fully taxable Car Scheme Reimbursement 1. Employee must receive Reimbursement under Car scheme from the company. 2. The amount of exemption will be restricted to the actual value of bills produced towards Petrol, Chauffer Salary, Maintenance and Insurance. Perquisites value will be added to the Income as per IT Act. If the employee is covered under the Company owned Car scheme and if the car is transferred to the employee at any time (either at the time of resignation or after completion of 4 years) This transaction will be taxable as perquisites in the hands of the employee for the difference in the Written Down Value of Car in the books of company less security deposit paid by the employee, if any, for the Car scheme. Medical scheme Reimbursement / 1. Exemption is available for Medical Reimbursement Upto Rs.15,000 p.a and balances, if any, is fully taxable even it is certified by the third party. 2. Employee may opt to split a portion of Additional Pay as Medical Reimbursement. 3. Actual Original medical bills have to be produced. 4. This amount will be Reduced from Additional Pay and paid separately. Earned Leave Encashment Always fully taxable. Housing loan interest subsidy Always fully taxable. Bonus / Ex-gratia / Loyalty Always fully taxable. Bonus ESOP ESOP will be taxable as perquisites in the hands of employee at the time of allotment / transfer of shares to the employee from the trust. The taxable value will be the difference between the market value of the share at the time of allotment / transfer to the employee and the 5 face value on which the shares actually transferred / allotted to the employee. Leave travel Allowance (LTA) 1. Employee must receive the LTA reimbursement. If not Employee may opt to split a portion of Additional Pay as LTA. This amount will be Reduced from Additional Pay and paid separately. 2. Exemption is based on the conditions specified in the IT Act. 3. Employee has to take leave minimum of 7 days continuously as per company’s norms. 4. Only 2 Journeys in a block of 4years is exempt. Current block 2010 - 2013 (Jan1,2010 to Dec31,2013) and next block is Jan 1,2014 to Dec 31,2017 5. Exemption is strictly limited to expenses on air fare, rail fare, and bus fare only. No other expenses allowed. Travel should be within India. 6. Employee must submit the tickets to claim the exemption. 7. Mere declaration for the travel will not be allowed for the LTA exemption. Rajiv Gandhi Equity Savings REGSS- Investments in the eligible securities of REGSS is Scheme eligible for deduction. The scheme is designed exclusively for the first time retail individual investors in securities market, whose gross total income for the year is less than or equal to Rs. 12 lakh.(previously Rs.10 lakh). The Maximum Investment under this scheme is Rs.50,000/- and the investor would get 50% deduction on the amount so invested. Educational Interest 1. There is NO tax benefit on the principal amount of the Loan. However actual interest paid by the assessee on the loan is allowed as deduction, provided it is a full time course and the entire amount of Interest paid during FY 2013-14 can be claimed as deduction. 2. Letter / Certificate from the Bank / Financial Institution specifying the Educational Loan with breakup of Principal and Interest paid during FY 2013-14. 6 3. Deduction is allowed on Interest paid for the first 8 years on Education loan taken for Higher Education such as Engineering / Medical etc. Tax exemption is applicable only if loan is availed by the Assessee / children for pursuing his / her higher education. Education Loan availed from Financial Institution / Bank are only eligible for deduction. 8) This circular is meant for the purpose of better understanding on the basis of computation of TDS and all exemptions will be allowed after scrutiny of the documents submitted for claiming exemptions. 7