WHAT CONSTITUTES SALARY INCOME ?

Prakash Yedhula (Lawyer) 06 December 2008

"Salary" is the remuneration received by or accruing periodically to an individual for service rendered as a result of expressed or implied contract.

Compensation or remuneration even in the following circumstances is chargeable to Income-tax under the head 'Salaries': -

a) When due from the former employer or present employer in the previous year, whether paid or not.

b) When paid or allowed in the previous year, by or on behalf of a former employer or present employer, though not due or before it becomes due.

c) When arrears of salary are paid in the previous year by or on behalf of a former employer or present employer, if not charged to tax in the period to which it relates.

It is, therefore, clear that apart from current years salary, even advance salary and/or arrears of salary may be taxed in the year of receipt. More specifically and elaborately, the Income-tax Act has stipulated that salary includes :-

a) Salary, including advance/arrears of salary;

b) Wages;

c) Fees;

d) Commission;

e) Pension;

f) Annuity;

g) Perquisite;

Receipts from Provident Fund chargeable to tax; Profit in lieu of or in addition to salary or wages; Gratuity;

Contribution of employer to Recognised Provident Fund in excess of prescribed limit; Interest on credit balance of Recognised Provident Fund in excess of notified rates;

i) Encashment of leave.

definition of 'salary' is inclusive and not exclusive.

Sunny Honey (Student) 06 December 2008

The term salary signifies `a recompense or consideration given to any person for pains bestowed upon another person's business ------

CONVILLE vs CIT [1935] ITR 404 (LAHORE).

Sunny Honey (Student) 06 December 2008

The term salary signifies `a recompense or consideration given to any person for pains bestowed upon another person's business ------ CONVILLE vs CIT [1935] ITR 404 (LAHORE).

K.C.Suresh (Advocate) 07 December 2008

Salary means Fixed compensation for services, paid to a person on a regular basis.

Origin: Middle English salarie, from Anglo-Norman, from Latin salârium, money given to Roman soldiers to buy salt, from neuter of salârius, pertaining to salt, from sâl, salt.]

Financial & Investment Dictionary: Salary Regular wages received by an employee from an employer on a weekly, biweekly, or monthly basis. Many salaries also include such employee benefits as health and life insurance, savings plans, and Social Security. Salary income is taxable by the federal, state, and local government, where applicable, through payroll withholding.

Payment for work done: compensation, earnings, emolument, fee, hire, pay, remuneration, stipend, wage..

A fixed, regular compensation paid for services rendered involving professional knowledge or skill; employment above the degree of mechanical labor. 2. the amount of take-home pay received by the dentist from the practice.

A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis.

From the point of a view of running a business, salary can also be viewed as the cost of acquiring human resources for running operations, and is then termed personnel expense or salary expense. In accounting, salaries are recorded in payroll accounts.

First paid salary

While there is no first pay stub for the first work-for-pay exchange, the first salaried work would have required a human society advanced enough to have a barter system to allow work to be exchanged for goods or other work. More significantly, it presupposes the existence of organized employers --perhaps a government or a religious body--that would facilitate work-for-hire exchanges on a regular enough basis to constitute salaried work. From this, most infer that the first salary would have been paid in a village or city during the Neolithic Revolution, sometime between 10,000 BC and 6,000 BC.

By the time of the Hebrew Book of Ezra (550 BC to 450 BC), accepting salt from a person was synonymous with drawing sustenance, taking pay, or being in that person's service. At that time salt production was strictly controlled by the monarchy or ruling elite. Depending on the translation of Ezra 4:14, the servants of King Artaxerxes I of Persia explain their loyalty variously as "because we are salted with the salt of the palace" or "because we have maintenance from the king" or "because we are responsible to the king."

The Roman word salarium

Similarly, the Roman word salarium linked employment, salt and soldiers, but the exact link is unclear. The least common theory is that the word soldier itself comes from the Latin sal dare (to give salt). Alternatively, the Roman historian Pliny the Elder stated as an aside in his Natural History's discussion of sea water, that "[I]n Rome. . .the soldier's pay was originally salt and the word salary derives from it. . ." Plinius Naturalis Historia XXXI. Others note that soldier more likely derives from the gold solidus, with which soldiers were known to have been paid, and maintain instead that the salarium was either an allowance for the purchase of salt or the price of having soldiers conquer salt supplies and guard the Salt Roads (Via Salarium) that led to Rome.

Payment in the Roman empire and medieval and pre-industrial Europe

Regardless of the exact connection, the salarium paid to Roman soldiers has defined a form of work-for-hire ever since in the Western world, and gave rise to such expressions as "being worth one's salt."

Yet within the Roman Empire or (later) medieval and pre-industrial Europe and its merchantile colonies, salaried employment appears to have been relatively rare and mostly limited to government service. More commonly, servitude either received no pay, as with slavery, serfdom, and indentured servitude, or received only fraction of what was produced, as with sharecropping. Other common alternative models of work included self- or co-operative employment, as with artisan guilds, or communal work and ownership, as with medieval universities and monasteries.

Payment during the Commercial Revolution

Even many of the jobs initially created by the Commercial Revolution in the years from 1520 to 1650 and later during Industrialisation in the 1700s and 1800s would not have been salaried, but, to the extent they were paid as employees, probably paid an hourly or daily wage or paid per unit produced (also called piece work).

Share in earnings as payment

In corporations of this time, such as the several East India Companies, many managers would have been remunerated as owner-shareholders. Such a remuneration scheme is still common today in accounting, investment, and law firm partnerships where the leading professionals are equity partners, and do not technically receive a salary, but rather make a periodic "draw" against their share of annual earnings.

The Second Industrial Revolution and salaried payment

From 1870 to 1930, the Second Industrial Revolution gave rise to the modern business corporation powered by railroads, electricity and the telegraph and telephone. This era saw the widespread emergence of a class of salaried executives and administrators who served the new, large-scale enterprises being created.

New managerial jobs lent themselves to salaried employment, in part because the effort and output of "office work" were hard to measure hourly or piecewise, and in part because they did not necessarily draw remuneration from share ownership.

As Japan rapidly industrialized in the 1900s, the idea of office work was novel enough that a new Japanese word (salaryman), was coined to describe those who performed it, and their remuneration.

Salaried employment in the 20th century

In the 20th century, the rise of the service economy made salaried employment even more common in developed countries, where the relative share of industrial production jobs declined, and the share of executive, administrative, computer, marketing, and creative jobs--all of which tended to be salaried--increased.

Salary and other forms of payment today

Today, the idea of a salary continues to evolve as part of a system of all the combined rewards that employers offer to employees. Salary (also now known as fixed pay) is coming to be seen as part of a "total rewards" system which includes variable pay (such as bonuses, incentive pay, and commissions), benefits and perquisites (or perks), and various other tools which help employers link rewards to an employee's measured performance.

Salaries in the U.S.

In the United States, the distinction between periodic salaries (which could be paid regardless of hours worked) and hourly wages (meeting a minimum wage test and providing for overtime) was first codified by the Fair Labor Standards Act of 1938. At that time, five categories were identified as being "exempt" from minimum wage and overtime protections, and therefore salariable. In 1991, some computer workers were added as a sixth category. The tests for all six categories were revised effective August 23, 2004.

The six categories of salaried workers exempt from overtime provisions are: (1) Executive Employees, who hire, fire and direct others; (2) Administrative Employees, exercising discretion as part of office work; (3) Learned Professional Employees, such as medical practitioners, lawyers,^[1] engineers, dentists, veterinarians, accountants; (4) Creative Professional Employees in an artistic field; (5) Computer Employees, who must meet certain threshold tests; and (6) Outside Sales Employees, who must work away from an employer's place of business. Some of the 2004 exemption tests depend on being paid a weekly salary of greater than $455, even though no hourly minimum wage is required or maximum number of hours worked is established.

Salaries in Japan

In Japan owners would notify employees of Salary increases through "Jirei". The concept still exists and has been replaced with a electronic form or email in larger companies.

N.K.Assumi (Advocate) 07 December 2008

Well explained.

Shree. ( Advocate.) 07 December 2008

All remuneration including allowances, perquisites and arrears of salary received by an employee from the employer or ex-employer constitutes the salary income of an individual. Allowances directly add to an individual's monetary income, while perquisites are in the nature of benefits, concessions or facilities that an employee is privileged to receive. What goes into the three groups, viz; salaries, allowances and perquisites is tabulated below:

Salary Group

Basic Salary, Advance Salary, Incentive, Bonus, Attendance Bonus, Leave Encashment [EL], Gratuity [EL], Arrears of Salary, Suggestion Award, Pension, Compensation under VRS [EL], Long service award, etc

Allowances Group

Dearness Allowance including Additional / Fixed / Variable D. A., House Rent Allowance [EL], Lunch Allowance, Conveyance Allowance [EL], Children's Education Allowance [EL], Technical/IT (Info Tech) Allowance, Night Shift Allowance, Overtime Allowance, Leave Travel Assistance [EL], Personal Allowance, Special Allowance, Ad-hoc / Miscellaneous Allowance, I.B.R. Allowance / HIR allowance, Transfer Allowance, City compensatory Allowance, Cash handling allowance, Washing allowance, Kit allowance, Fire fighting allowance, etc.

Perquisites Group

Rent free unfurnished house, Rent free furnished house, Motor car facility, Reimbursement of Gas, Electricity & Water, Club facility, Domestic Servant Facility, Interest Subsidy on Loan, Reimbursement of medical bills, Reimbursement of Hospital bills, Reimbursement of telephone bills, Benefits derived by employee stock option, and so on.

HARESH NANJI SHAH (STUDENT) 23 January 2010

very good explanation. please site some Supreme Court Cases Defining it

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