income tax

Leave Encashment: Understanding Tax Implications and Employee Rights

Leave Encashment Overview

Leave encashment refers to the monetary compensation received for unutilized leave days by an employee. Organizations typically offer various types of leaves, which include:

  • Privilege Leave/Earned Leave/Annual Leave
  • Loss of Pay Leave
  • Bereavement Leave
  • Maternity Leave
  • Sick Leave
  • Casual Leave
  • Paternity Leave
  • Compensatory Leave
  • Marriage Leave

Most types of leave, except Earned Leave, lapse at the end of the year if not taken. In contrast, Earned Leave can be carried forward to subsequent years.

Understanding Earned Leave

Earned Leave is accrued by employees for additional days worked and can be utilized for vacations or personal events that are not designated holidays. According to labor laws, all organizations are mandated to provide Earned Leave, which can also be converted into cash through the process of Leave Encashment. Typically, it is the Earned Leave that gets encashed by employees.

It is important to note that funds received from encashing Earned Leave are subject to taxation. However, the Income Tax Act, 1961 provides specific exemptions related to Leave Encashment.

Tax Implications on Leave Encashment

Under the Income Tax Act, 1961, the total amount received as Leave Encashment is generally taxable. The following details outline exemptions related to Leave Encashment as specified under Section 10(10AA):

  1. Leave Encashment During Employment: Any leave encashment received while still employed is fully taxable, regardless of whether the individual is a government employee or not.

  2. Leave Encashment on Retirement or Resignation:

    • For government employees, Leave Encashment received upon resignation or retirement is fully exempt from tax.
    • For non-government employees, the exemption is determined by the least of the following:
      • Actual Leave Encashment received.
      • ₹3,00,000.
      • Average salary based on the last 10 months multiplied by ten months' worth of the average salary preceding retirement.
      • Cash equivalent of unutilized leave calculated based on the average salary over the last 10 months, considering the earned leave cannot exceed 30 days per year of service.