This article will explain Section 17(2) of Income Tax Act provisions, how perquisites are valued, and their tax treatment. We'll also see how understanding these rules helps in making informed financial decisions.
What is Section 17(2) of Income Tax Act?
Section 17(2) of Income Tax Act defines perquisites as benefits that employees receive from employers in addition to their salary. According to Section 17(2) of Income Tax Act, perquisites include any payment in cash or kind that provides personal advantage to the employee.
The Income Tax Act classifies perquisites into three main categories under Section 17(2):
- Perquisites taxable for all employees
- Perquisites taxable only for specified employees
- Tax-free perquisites
What are the perquisites per Section 17(2) of the Income Tax Act?
Section 17(2) of Income Tax Act lists various benefits that qualify as perquisites. Here's a comprehensive table of perquisites under Section 17(2):
Type of Perquisite | Description | Tax Treatment |
Rent-free accommodation | Housing provided by employer | Taxable based on location and salary |
Concessional rent accommodation | Housing at reduced rent | Taxable on concessional value |
Vehicle facility | Car provided for personal/official use | Taxable based on engine capacity and usage |
Interest-free/concessional loans | Loans at zero or reduced interest | Taxable on interest benefit |
Medical benefits | Reimbursement of health expenses | Taxable beyond limits |
Club memberships | Paid memberships to clubs | Fully taxable |
Sweat equity shares | Shares given at concessional rates | Taxable on differential value |
Gas/electricity/water supply | Utilities paid by employer | Fully taxable |
Education benefits | Payments for education | Partially exempt |
Travel and tour benefits | Vacation expenses covered | Taxable with some exemptions |
Understanding Section 17(2) of Income Tax Act provisions helps determine which benefits are taxable and how they affect your overall tax liability. Wondering if you qualify for home loan benefits to reduce your tax burden? Check your eligibility with Bajaj Housing Finance Home Loan and find out instantly by entering your mobile number and OTP.
Rules for the valuation of perquisites in income tax
Section 17(2) of Income Tax Act provides detailed rules for valuing different perquisites. These valuation rules ensure fair assessment of the benefit's worth for taxation purposes.
Rent-free accommodation valuation
For government employees, the value is the license fee determined by the government. For non-government employees, Section 17(2) of Income Tax Act prescribes:
- 15% of salary for cities with population above 25 lakh
- 10% of salary for cities with population between 10-25 lakh
- 7.5% of salary for cities with population below 10 lakh
The value equals the unfurnished accommodation value plus 10% of the furniture cost per annum. If furniture is rented, the actual rent paid by the employer is added to the accommodation value.
Company vehicle valuation
When a company provides a vehicle, Section 17(2) of Income Tax Act values it as:
- With chauffeur and expenses paid by employer: Rs. 1,800 per month for cars up to 1.6L engine and Rs. 2,400 for larger cars
- If employee pays for running expenses: Rs. 600/900 per month depending on engine capacity
Interest-free loans
The perquisite value is the difference between the interest calculated at prescribed rates and the actual interest paid by the employee.
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What is the taxability of perquisites under Section 17(2) of the Income Tax Act?
Section 17(2) of Income Tax Act categorises perquisites based on their taxability:
Fully taxable perquisites
- Dearness allowance
- Overtime allowance
- City compensatory allowance
- Entertainment allowance (except for government employees)
- Cash allowances
- Servant/warden allowances
- Medical allowances beyond exemption limits
- Non-practicing allowance
- Accommodation provided by the organization
Partially taxable perquisites
- House Rent Allowance (HRA): Exempt to the lowest of:
- Actual HRA received
- 50% of salary for metro cities (40% for non-metros)
- Actual rent paid minus 10% of salary
- Children's education allowance: Rs. 100 per month per child (maximum two children) exempt
- Transport allowance: Rs. 3,200 per month exempt for differently-abled employees
Employees eligible for tax-free perquisites
Section 17(2) of Income Tax Act allows certain perquisites to be tax-free for all employees:
- Medical reimbursement for treatment in government hospitals
- Refreshments provided during working hours
- Recreational facilities (non-transferable and non-convertible)
- Laptops and computers provided for work
- Employer contribution to statutorily recognized provident funds
- Interest-free loans up to Rs. 20,000
- Use of employer's telephone or mobile for official purposes
- Group insurance premium paid by employer
- A director of the company
- An employee with substantial interest (>20% voting power)
- An employee whose income exceeds Rs. 50,000 excluding perquisite value
Calculation of value of perquisites per Section 17(2)
Calculating the taxable value of perquisites under Section 17(2) of Income Tax Act follows specific rules:
Example 1: Rent-free accommodation
For an employee with monthly salary of Rs. 50,000 in a metro city:
- Annual salary: Rs. 6,00,000
- Value of perquisite: 15% of salary = Rs. 90,000 per annum
For a 1.8L car with driver, all expenses paid by company:
- Monthly perquisite value: Rs. 2,400 + Rs. 900 (driver) = Rs. 3,300
- Annual perquisite value: Rs. 39,600
For a loan of Rs. 5,00,000 at zero interest when market rate is 10%:
- Interest benefit: Rs. 50,000
- Taxable perquisite value: Rs. 50,000
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Who pays the perquisite taxes?
Under Section 17(2) of Income Tax Act, employees are primarily responsible for paying taxes on perquisites. However, employers must:
- Calculate the perquisite value correctly
- Deduct appropriate TDS (Tax Deducted at Source)
- Include perquisite value in Form 16
- Report details in Form 12BA for high-value perquisites
How Bajaj Finserv Home Loan can help you save tax
While understanding Section 17(2) of Income Tax Act helps manage perquisite taxation, a home loan offers significant tax advantages:
- Interest deduction up to Rs. 2 lakh under Section 24(b)
- Principal repayment deduction up to Rs. 1.5 lakh under Section 80C
- Additional deduction up to Rs. 50,000 for first-time homebuyers under Section 80EEA
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