19 hrs ago
PayPal, Oracle and Volkswagen Layoffs Put India Severance Taxes
When a company lays off a worker, it may give the worker extra money called severance pay.
In India, this money is usually treated like salary for tax purposes.
That means the worker may need to pay tax based on their income-tax slab.
Some workers can receive exemptions for qualifying retrenchment compensation.
Payments under a voluntary retirement or separation scheme may qualify for an exemption of up to ₹5 lakh.
Different parts of a full and final settlement can have different tax rules.
Workers should check their settlement statement and Form 16 before filing their tax return.
They should also compare the figures with Form 26AS, AIS and their reported TDS.
PayPal reportedly cut about 220 jobs in India as part of a multiyear turnaround plan.
Oracle could reportedly cut up to 3,000 Indian jobs, while Volkswagen Group plans to reduce its workforce by about 12%.
Severance compensation is generally taxed as salary at the employee’s applicable slab rate.
Eligible retrenchment compensation and voluntary retirement or separation payments may qualify for exemptions under Sections 10(10B) and 10(10C).
Employees should reconcile severance details with Form 16, Form 26AS, AIS and TDS records when filing their ITR.
- Who
- Employees affected by reported layoffs at PayPal, Oracle and Volkswagen Group, along with tax experts advising them.
- What
- Severance and full-and-final settlement payments in India are being examined for their tax treatment and possible exemptions.
- Where
- India.
- When
- The payments are reported in the income-tax return for the assessment year in which they are received.
- Why
- Reported layoffs have increased focus on severance payments, which are generally taxable but may qualify for specific exemptions or relief.
Key facts
- PayPal layoffs
- About 220 jobs were reportedly reduced in India.
- Oracle layoffs
- Up to 3,000 employees in India could reportedly be affected.
- Volkswagen Group cuts
- The company’s India business plans to cut about 12% of its workforce.
- General tax treatment
- Termination-related compensation is ordinarily taxable under the head “Salaries” at the applicable slab rate.
- Retrenchment exemption
- Eligible retrenchment compensation may qualify for exemption under Section 10(10B).
- VRS or separation exemption
- Qualifying voluntary retirement or voluntary separation compensation may receive an exemption of up to ₹5 lakh under Section 10(10C).
- Required records
- Employees should retain their settlement statement, Form 16, termination documents, exemption calculations and related tax records.
Quotes
Nishant Shanker
Tax and investment expert at Navraj Global Advisors
“Section 56(2)(xi) is sufficiently broad to cover payments from any person and is not restricted to employer or former employer, for example, compensation from a prospective employer where the employment never commenced or from an unrelated third party.”
livemint.com
“The employee should first obtain the full & final settlement statement and Form 16 and identify how the employer has classified the severance payment”
livemint.com
Sources
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