Ex Gratia Payment By Employer To Deceased’s Dependants Deductible From MACT Compensation: SC [Read Judgment] Ashok KM. The Inland Revenue has confirmed, in a Statement of Practice published on 31st October, 1991, its views that an "arrangement" by an employer to make ex gratia payments to an employee on his retirement (or death) constitutes a "retirement benefits scheme". Share This - x. 200/115/90-ITA-I, dated 21-08-1990 provided that a lump sum ex gratia payment made, to the widow or other legal heirs of an employee, who dies while still in active service, will not be taxable as income under the Income-tax Act, 1961. You don't need documents. HMRC's view is clear - if there was a payment… Therefore, the normal procedure where a lump sum is to be paid to an employee on It says: "an employer-financed retirement benefits scheme is created by the payment." The tax-free amount is not part of the employee's ETP. Payments for these types of termination are tax free up to a certain limit. It's hard to think of a more relevant example. Circular No. Will such amount be taxable in my hands if any of the ETP is tax-free An ETP has a tax-free component – if part of the payment is for invalidity or work done before 1 July 1983, you don't withhold tax from this component. Any tax free lump sum payments you receive are then taken from this benefit. EIM15310 discusses the taxation of an ex gratia payment. Compensation for wrongful dismissal, as long as it is paid within 12 months of the actual termination of employment. Employee share scheme payments. 25 Sep 2016 3:33 PM GMT. If your contract provides for payment in lieu of notice, the payment is treated as pay and exemptions do not apply. So if the payment is ex gratia to the legal heirs, certainly it was not an amount due to the deceased. Payments for loss of future super payments na. The company gave me certain amount as ex-gratia compensation. A guide to the Income Tax ... payment on non-accidental death . Payments arising from an employee's termination because of ill health , other than compensation for personal injury na. This payment may be regarded as wages or salary or as payment for loss of a job. 776, dated 8-6-1999. You don't need a pre-existing scheme. 573, F.No. My husband died in September 2012 while he was a director in a reputed company. An advance or loan. Payment in lieu of notice. Ex gratia payment received by a person or his heir from the Central Government/State Government/Local Authority/Public Sector Undertaking, consequent upon injury to the person/death of a family member, while on duty, is not liable to tax - Circular : No. lump sum termination payments, including so-called “ex gratia ” or gratuity payments made to an employee in consequence of an “agreed resignation” or “mutually agreed termination”, are subject to income tax. Up to a certain limit, certainly it was not an amount due the., the payment is ex gratia to the deceased hard to think of a relevant... 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