Section 10(10C) of the Income Tax Act provides tax exemption on compensation received by an employee under a Voluntary Retirement Scheme (VRS) or an Early Separation Scheme. This exemption is designed to provide financial relief to employees who opt for voluntary retirement.
Key Conditions for Exemption
- Eligible Employees:
- Employees of public sector companies(government-owned)
- Employees of private companies(if VRS complies with government rules)
- Employees of authorities/autonomous bodiesestablished under a Central/State Act
- Maximum Exemption Limit:
- ₹5 lakh(entire amount is tax-free if compensation ≤ ₹5 lakh)
- If compensation exceeds ₹5 lakh, only the excess is taxable
- Scheme Requirements:
- Must be a properly approved VRS(not just a resignation)
- Should comply with Rule 2BAof Income Tax Rules
- One-Time Benefit:
- Can be claimed only once in a lifetime
Examples of Tax Exemption Under Section 10(10C)
Example 1: Compensation Below ₹5 Lakh (Fully Exempt)
Scenario:
Mr. A, an employee of a PSU, takes VRS and receives ₹4 lakh as compensation.
Tax Treatment:
- Since the amount is ≤ ₹5 lakh, the entire ₹4 lakh is tax-free.
Example 2: Compensation Above ₹5 Lakh (Partial Exemption)
Scenario:
Ms. B, a bank employee, opts for VRS and gets ₹8 lakh as compensation.
Tax Treatment:
- Exempt amount: ₹5 lakh (maximum allowed)
- Taxable amount: ₹8 lakh – ₹5 lakh = ₹3 lakh(taxed as salary income)
Example 3: Multiple VRS Benefits (Only One Exemption Allowed)
Scenario:
Mr. C had taken VRS from a company in 2015 and claimed exemption on ₹3 lakh. In 2024, he takes VRS again from another firm and gets ₹6 lakh.
Tax Treatment:
- First VRS (2015): ₹3 lakh was exempt (lifetime limit reduced)
- Second VRS (2024):
- Remaining exemption limit: ₹5 lakh – ₹3 lakh = ₹2 lakh
- Exempt amount: ₹2 lakh (out of ₹6 lakh)
- Taxable amount: ₹6 lakh – ₹2 lakh = ₹4 lakh
Example 4: Private Company VRS (Must Follow Rule 2BA)
Scenario:
A private company offers VRS, but the scheme does not meet Rule 2BA conditions. Mr. D receives ₹7 lakh.
Tax Treatment:
- Entire ₹7 lakh is taxable(since the scheme is not compliant).
Comparison with Other Retirement Benefits
| PROVISION | SECTION 10(10C) – VRS | SECTION 10(10) – GRATUITY | SECTION 10(10A) – PENSION COMMUTATION |
| Nature | VRS compensation | Gratuity received on retirement | Lump-sum pension commutation |
| Exemption Limit | ₹5 lakh (lifetime) | ₹20 lakh (for private employees) | Full exemption (govt. employees) / Partial (others) |
| Taxability | Excess over ₹5 lakh taxable | Excess over limit taxable | Varies based on employer type |
Key Takeaways
✅ ₹5 lakh exemption is available once in a lifetime for VRS compensation.
📜 Scheme must comply with Rule 2BA (applicable for private sector employees).
⚠️ Resignation ≠ VRS (only approved schemes qualify).
💰 If compensation exceeds ₹5 lakh, only the excess is taxable.
