The commuted value of pension refers to the lump sum amount received by an employee in lieu of a portion of their pension. This is governed by Section 10(10A) of the Income Tax Act, 1961, which provides the rules for its taxability and exemptions.
Types of Pension Commutation:
Government Employees: Pension received by government employees (Central/State/Local Authority) is fully exempt from tax.
Non-Government Employees: Pension received by non-government employees is partially exempt, depending on whether they are covered under a recognized provident fund or not.
Exemption for Non-Government Employees:
- For employees covered under a recognized provident fund:
- The entire commuted value of pension is fully exemptfrom tax.
- For employees not covered under a recognized provident fund:
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- The exemption is available only for the commuted value of up to 1/3rd of the pension.
- If the employee also receives gratuity, the exemption is limited to 1/3rd of the commuted value.
- If the employee does not receive gratuity, the exemption is limited to 1/2 of the commuted value.
Taxability of Excess Amount:
Any amount received in excess of the exempted limit is taxable under the head “Income from Salaries”.
Maximum Exemption Limit:
There is no specific monetary limit for exemption under this section. The exemption is based on the proportion of the commuted value (1/3rd or 1/2, as applicable).
Summary of Exemptions:
Employee Type | Exemption |
Government Employees | Fully exempt |
Non-Government Employees (Covered under Recognized PF) | Fully exempt |
Non-Government Employees (Not Covered under Recognized PF) | · 1/3rd exempt (if gratuity received) or
· 1/2 exempt (if gratuity not received) |
Example Calculations:
Case 1: Government Employee
- Commuted value of pension received: ₹15,00,000
- Taxability: Fully exempt(no tax).
Case 2: Non-Government Employee Covered Under Recognized Provident Fund
- Commuted value of pension received: ₹12,00,000
- Taxability: Fully exempt(no tax).
Case 3: Non-Government Employee Not Covered Under Recognized Provident Fund
- Commuted value of pension received: ₹18,00,000
- Gratuity also received: Yes
Exemption Calculation:
- Exempted amount: 1/3rd of the commuted value = (1/3) × ₹18,00,000 = ₹6,00,000
- Taxable amount: ₹18,00,000 – ₹6,00,000 = ₹12,00,000
Case 4: Non-Government Employee Not Covered Under Recognized Provident Fund
- Commuted value of pension received: ₹18,00,000
- Gratuity not received: Yes
Exemption Calculation:
-
- Exempted amount: 1/2 of the commuted value = (1/2) × ₹18,00,000 = ₹9,00,000
- Taxable amount: ₹18,00,000 – ₹9,00,000 = ₹9,00,000
Notes:1. Commuted Pension vs. Uncommuted Pension: o Commuted Pension: Lump sum amount received in advance. It is partially or fully exempt as per Section 10(10A). o Uncommuted Pension: Regular monthly pension. It is fully taxable under the head “Income from Salaries.” 2. No Monetary Limit: o Unlike gratuity, there is no specific monetary limit for exemption under Section 10(10A). The exemption is based on the proportion of the commuted value. 3. Family Pension: o Family pension received by the legal heirs of a deceased employee is taxable under the head “Income from Other Sources” and is eligible for a deduction of ₹15,000 or 1/3rd of the family pension, whichever is lower. |