Commuted Value of Pension Received [Section 10(10A)]

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:

  1. For employees covered under a recognized provident fund:
    • The entire commuted value of pension is fully exemptfrom tax.
  1. For employees not covered under a recognized provident fund:
    • 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.

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