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Home » Section 10(10AA): Leave Encashment Tax Rules & Limit
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Section 10(10AA): Leave Encashment Tax Rules & Limit

Business Circle TeamBy Business Circle TeamSeptember 10, 2026Updated:September 10, 2026No Comments10 Mins Read
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What about PSU and public-sector financial institution workers?

Working for a government-owned organisation doesn’t mechanically make somebody a Central or State Authorities worker for this goal. PSU workers, public-sector financial institution workers and workers of government-owned corporations are usually handled as non-government workers and are topic to the prescribed calculation and ₹25 lakh restrict.

Depart Encashment Obtained by Non-Authorities Staff

Below Part 10(10AA)(ii), workers apart from Central or State Authorities workers can declare restricted reduction on depart encashment obtained at retirement, resignation or in any other case leaving employment.

The eligible quantity is the bottom of the particular cost obtained, ten months’ common wage, the worth of eligible unused earned depart and the remaining quantity from the ₹25 lakh cumulative restrict. Any quantity above the eligible reduction is taxable as wage and could also be thought-about by the employer whereas deducting TDS beneath Part 192.

Additionally Learn: Taxable, Non-taxable and Partially Taxable Parts of Wage in India

How is Depart Encashment Tax Reduction Calculated?

For a non-government worker, the eligible tax reduction is the bottom of the next 4 quantities:

Quantity thought-about How it’s calculated
Precise depart encashment obtained The quantity paid by the employer
Ten months’ common wage Common month-to-month wage x 10
Worth of eligible unused earned depart Common month-to-month wage x eligible depart steadiness in months
Remaining total restrict ₹25 lakh minus any depart encashment reduction claimed earlier

Any quantity obtained above it’s handled as taxable wage earnings.

Wage and Depart Used within the Calculation

For this calculation, common wage means the common of the worker’s wage for the ten months instantly earlier than leaving the organisation.

It usually consists of:

  • Primary wage

  • Dearness allowance, the place it types a part of retirement advantages

  • Fee calculated as a hard and fast proportion of turnover

Different funds, akin to bonus, home lease allowance, additional time pay and variable allowances, are usually not included.

The eligible depart steadiness can also be restricted. Earned depart can’t be counted at greater than 30 days for every accomplished 12 months of service with the present employer. Depart already taken or encashed should be deducted from this steadiness.

Eligible unused depart = Depart earned for accomplished service − Depart already used or encashed

This calculation relies on service with the employer from whom the worker receives the depart encashment.

Part 10(10AA) Calculation Instance

Suppose a non-government worker receives ₹9 lakh as depart encashment after leaving the organisation. Assume that they haven’t claimed any depart encashment tax reduction earlier.

Their particulars are:

  • Common month-to-month wage for the final 10 months: ₹1.2 lakh

  • Accomplished years of service: 18 years

  • Eligible unused earned depart: 180 days or 6 months

  • Precise depart encashment obtained: ₹9 lakh

The eligible tax reduction would be the lowest of the next:

Quantity thought-about Calculation Quantity
Precise depart encashment obtained Quantity paid by the employer ₹9 lakh
Ten months’ common wage ₹1.2 lakh × 10 ₹12 lakh
Worth of eligible unused depart ₹1.2 lakh × 6 months ₹7.2 lakh
Remaining total restrict ₹25 lakh − earlier reduction claimed ₹25 lakh

The bottom quantity is ₹7.2 lakh. Due to this fact:

This taxable quantity is added to the worker’s wage earnings and taxed on the relevant fee.

What Is the Most Depart Encashment Tax Reduction Restrict?

For non-government workers, the utmost financial restrict for depart encashment tax reduction is at the moment ₹25 lakh. This is just one a part of the prescribed calculation; the precise reduction could also be decrease relying on the quantity obtained, common wage and eligible unused earned depart.

Why Do Some Sources Point out a ₹3 Lakh Restrict?

The sooner tax-relief restrict for non-government workers was ₹3 lakh. Notification No. 31/2023 elevated it to ₹25 lakh with impact from 1 April 2023.

The notification was issued on 24 Could 2023, however the revised restrict applies retrospectively from 1 April 2023. The change applies to non-government workers; eligible Central and State Authorities workers proceed to obtain full tax reduction with out this financial ceiling.

Is the ₹25 Lakh Restrict Obtainable for Each Employer?

No. The ₹25 lakh quantity is a cumulative restrict, not a separate restrict for every employer or every employment. Reduction claimed in earlier years should be deducted from the out there restrict, and funds obtained from a number of employers should be thought-about collectively.

For instance, if an worker has already claimed ₹6 lakh as tax reduction previously, the remaining restrict can be:

₹25 lakh − ₹6 lakh = ₹19 lakh

Nevertheless, ₹19 lakh doesn’t mechanically turn out to be tax-free. The worker should nonetheless apply the lowest-of-four calculation, and the precise reduction could also be decrease.

Essential: Altering employers doesn’t reset the ₹25 lakh restrict. Staff ought to hold information of any depart encashment tax reduction claimed earlier.

Is Depart Encashment Tax Reduction Obtainable Below Each Tax Regimes?

Sure. Depart encashment tax reduction is offered beneath each the outdated and new tax regimes. The ₹25 lakh ceiling, the lowest-of-four calculation and the excellence between authorities and non-government workers stay the identical in each regimes.

What modifications is the tax therapy of the taxable portion, if any. Below the outdated regime, an worker could possibly cut back complete taxable earnings additional by claiming deductions akin to Part 80C, Part 80D and HRA, the place relevant. Below the brand new regime, many of those deductions will not be out there, so the ultimate tax outgo could differ regardless that the depart encashment exemption itself stays the identical.

The right way to Declare and Doc Depart Encashment Tax Reduction?

Depart encashment obtained when leaving employment should be reported as a part of wage earnings. The complete quantity and the eligible tax reduction are proven individually in order that solely the remaining steadiness turns into taxable.

Step 1: Confirm the Quantity in Kind 16

Verify Half B of Kind 16 and your full-and-final settlement assertion. The employer ought to report the whole depart encashment quantity as a part of wage and present the eligible reduction individually beneath allowances exempt beneath Part 10.

If the figures are lacking or incorrect, evaluate them along with your wage slips, depart information and the calculation supplied by your employer. Details about wage allowances and their exempt parts is usually out there in Half B of Kind 16.

Step 2: Report It in Schedule Wage, Not Schedule EI

Within the ITR types for FY 2025–26 and AY 2026–27:

  • Report the total depart encashment quantity as a part of gross wage in Schedule S or Schedule Wage.

  • Below ‘Allowances to the extent exempt beneath Part 10,’ choose ‘Part 10(10AA) – Earned depart encashment on retirement.’

  • Enter solely the quantity eligible for tax reduction.

  • The remaining quantity will type a part of the taxable wage.

For instance, if ₹9 lakh was obtained and ₹7.2 lakh qualifies for reduction, report ₹9 lakh as a part of wage and declare ₹7.2 lakh beneath Part 10(10AA). The remaining ₹1.8 lakh can be taxable.

Don’t report the reduction once more in Schedule Exempt Earnings (EI). The official ITR-2 handbook locations wage earnings and exempt allowances in Schedule Wage, whereas Schedule EI covers objects akin to exempt curiosity, dividend, agricultural earnings, treaty-exempt earnings and exempt pass-through earnings.

Step 3: Maintain Supporting Paperwork

Staff ought to retain:

  • Half B of Kind 16

  • Full-and-final settlement assertion

  • Depart steadiness certificates or depart ledger

  • Wage slips for the earlier 10 months

  • Employer’s reduction calculation

  • Appointment letter or HR affirmation of depart entitlement

  • Earlier ITRs through which depart encashment reduction was claimed

These paperwork will not be often submitted with the return, however they could be required if the Earnings Tax Division asks the worker to help the declare.

Submitting-period be aware: The Part 10(10AA) dropdown and AY 2026–27 reporting directions above apply to earnings earned throughout FY 2025–26 beneath the Earnings-tax Act, 1961. For earnings earned from 1 April 2026, use the sector and provision proven within the return relevant to Tax 12 months 2026–27, because the corresponding rule is now contained in Part 19 of the Earnings-tax Act, 2025.

Widespread Errors to Keep away from

When claiming depart encashment tax reduction, workers ought to keep away from these widespread errors:

  • Claiming reduction throughout employment: Depart encashment obtained whereas nonetheless working is absolutely taxable as wage.

  • Assuming ₹25 lakh is mechanically tax-free: The precise reduction is the bottom of the 4 prescribed quantities and could also be a lot decrease.

  • Treating ₹25 lakh as a restrict for every employer: It’s an total cumulative restrict. Reduction claimed earlier should be deducted from the out there steadiness.

  • Utilizing the fallacious wage quantity: The calculation ought to use the common eligible wage for the ten months instantly earlier than leaving employment.

  • Ignoring the eligible depart restrict: Earned depart can’t be counted at greater than 30 days for every accomplished 12 months of service.

  • Not conserving supporting information: Staff ought to retain wage slips, depart information, remaining settlement paperwork and particulars of earlier reduction claimed.

These checks can stop the eligible and taxable quantities from being calculated or reported incorrectly.

How Does Depart Encashment Differ from Different Retirement Advantages?

Depart encashment, gratuity, provident fund and pension could all be obtained when an worker leaves service, however they’re totally different advantages and comply with separate tax guidelines.

Profit Provision beneath the Earnings-tax Act, 1961 What it covers Broad tax therapy
Depart encashment Part 10(10AA) Fee for unused eligible earned depart Absolutely exempt for eligible authorities workers. For different workers, the lowest-of-four calculation applies, topic to the ₹25 lakh cumulative restrict.
Gratuity Part 10(10) Lump-sum cost recognising an worker’s size of service Absolutely exempt for eligible authorities workers. For different workers, exemption is topic to the relevant formulation, precise gratuity obtained and an total ₹20 lakh restrict
Provident fund withdrawal Sections 10(11) and 10(12) Withdrawal of accrued worker and employer contributions with curiosity Statutory PF withdrawal is exempt. Recognised PF withdrawal is usually exempt after 5 years of steady service or in sure specified conditions.
Commuted pension Part 10(10A) Lump-sum cost obtained by giving up a part of the common pension Absolutely exempt for eligible authorities, local-authority and statutory-corporation workers. For different workers, one-third is exempt when gratuity is obtained and one-half when gratuity just isn’t obtained.

Incessantly Requested Questions

Is Part 10AA the identical as Part 10(10AA)?

No. Part 10(10AA) coated tax reduction on depart encashment, whereas Part 10AA handled eligible companies working in Particular Financial Zones. From 1 April 2026, the corresponding depart encashment provisions are coated beneath Part 19 of the Earnings-tax Act, 2025.

Is depart encashment obtained by a authorized inheritor after an worker’s loss of life taxable?

No. Depart encashment obtained by a authorized inheritor after the worker’s loss of life is absolutely exempt within the authorized inheritor’s arms. The authorized inheritor doesn’t have to use the ₹25 lakh restrict or the least-of-four calculation.

What are the brand new guidelines for depart encashment?

The primary change is that the tax-relief restrict for non-government workers elevated from ₹3 lakh to ₹25 lakh, efficient from 1 April 2023. It is a cumulative restrict, so earlier claims and quantities obtained from a number of employers should be counted collectively. From 1 April 2026, the corresponding guidelines are coated beneath Part 19 of the Earnings-tax Act, 2025, as a substitute of Part 10(10AA) of the sooner Act; the fundamental calculation and worker classes stay broadly unchanged.

Can depart encashment tax reduction be claimed greater than as soon as?

Sure. An worker could declare the reduction greater than as soon as, akin to after leaving totally different employers. Nevertheless, reduction claimed earlier reduces the remaining ₹25 lakh cumulative restrict, and the prescribed calculation should be utilized every time.

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