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Sanjay Murarka (Manager)     23 December 2012

Tax-free perks offered to employees

 

There is a company ABC which has employees on its payroll. 
This company, through cross-holdings and other other means, is related to company XYZ.

1)The company XYZ gives free accommodation, bears society maintenance charges and electricity charges for the employees of company ABC.
2)Since ABC is not directly providing the perks, the employees are in fact enjoying them tax-free as the perks are not even reflecting in the Salary Certificates of the employees.
3)If perks are offered in such indirect manner, are they allowed tax-free?
4)If these perks are taxable, who is responsible to deduct/pay the taxes on the perks, the company ABC or the employees enjoying the perks? 
5)Or, is this a normal practice of Indian companies?



 2 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     23 December 2012

Directors are given furnished house c gas elec servant car & tax free!!

Employee is given housing facility , allowed 10% of sal 

CA Mayank Chopra (Consultant - 9717775548)     24 December 2012

1) If its aprt of the CTC the company ABC will have deduct tax under section 194B subject to any exemption  available u/s 17 of Income Tax Act

or

2) If the company XYZ is paying the for the perks of the employees of ABC, then XYZ has to deduct the TDS on making payment to service provider.

For indepth professional advice, contact:

CA Mayank Chopra
+91-971777-5548
New Delhi


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