Understanding Section 89 of Income Tax Act: Relief on Salary Arrears and Pension

Learn about Section 89 of Income Tax Act, which offers tax relief on salary arrears, advance payments, and family pension.
Home Loan
2 min
13 July 2024

Navigating the intricacies of the Indian Income Tax Act can be challenging, especially when dealing with salary arrears, advance payments, or family pension. Fortunately, Section 89 of Income Tax Act provides relief to taxpayers who might face a higher tax burden due to receiving such payments in a lump sum. This section aims to mitigate the extra tax liability that can arise when income pertaining to multiple years is paid in one financial year.

Understanding Section 89 of Income Tax Act

Section 89 of Income Tax Act is designed to provide tax relief when a taxpayer receives salary in arrears or advance, family pension, or any other income that spreads over more than one year. This relief ensures that taxpayers are not unduly penalised for receiving large sums in a single financial year, which could push them into higher tax brackets and increase their tax liability disproportionately.

Key highlights of Section 89 of Income Tax Act

  1. Relief on salary arrears and advance: If you receive salary arrears or advance payments, Section 89 of Income Tax Act allows you to claim relief to avoid the burden of paying higher taxes due to the lump sum payment.
  2. Family pension: This section also covers family pension, ensuring that beneficiaries are not penalised with higher taxes due to delayed or lump sum receipts of pension payments.
  3. Calculation of relief: The relief under Section 89 is calculated using Form 10E, which requires details of the arrears received and the corresponding income for the relevant years.
  4. Spreading income: The income is spread over the years it pertains to, and tax is calculated as if the income was received in those years, providing a fairer tax liability.

How to calculate relief under Section 89 of Income Tax Act

Calculating the relief under Section 89 of Income Tax Act involves a few steps:

  1. Calculate tax for the current year: Determine the tax liability for the year in which the arrears or advance salary is received, including the lump sum payment.
  2. Calculate tax for previous years: Compute the tax liability for the previous years as if the arrears were received in those respective years.
  3. Compare tax amounts: The difference between the taxes calculated for the current year and the previous years will provide the relief amount.
  4. Form 10E: File Form 10E with the Income Tax Department to claim the relief. This form provides the detailed calculation of the relief under Section 89.

Benefits of Section 89 of Income Tax Act

  1. Reduced tax liability: The primary benefit of Section 89 of Income Tax Act is the reduction in tax liability. By spreading the income over the relevant years, taxpayers can avoid the impact of higher tax brackets due to lump sum payments, ensuring a fairer distribution of tax burden.
  2. Fair treatment of income: This section ensures fair treatment of income that spans multiple years. Taxpayers are not penalized for delays or timing issues in receiving their income, providing a more equitable tax treatment.
  3. Financial planning: Understanding Section 89 of Income Tax Act can aid in better financial planning. Taxpayers can anticipate the relief available and manage their finances more effectively, especially when dealing with salary arrears, advance payments, or pension receipts.

Practical scenarios for Section 89 of Income Tax Act

  1. Salary arrears: Imagine a scenario where you receive salary arrears due to a delay in increment or promotion. The lump sum payment received in the current year might push you into a higher tax bracket, increasing your tax liability. Section 89 of Income Tax Act allows you to spread this income over the relevant years, reducing the tax impact.
  2. Advance salary: If you receive advance salary, such as a bonus or advance payment for future services, this section helps in distributing the tax liability over the years the income pertains to, ensuring you don't pay excessive taxes in the current year.
  3. Family pension: Beneficiaries receiving family pension in arrears can also benefit from Section 89 of Income Tax Act. The relief provided ensures that the lump sum payment does not result in a higher tax burden.

Other investment options to consider

  1. Tax-saving fixed deposits: Tax-saving fixed deposits offer a dual benefit of assured returns and tax deductions. These deposits have a lock-in period of five years and qualify for deductions under Section 80C of the Income Tax Act, providing an effective way to save taxes while earning interest.
  2. Public Provident Fund (PPF): PPF is a popular tax-saving instrument offering deductions under Section 80C. It provides tax-free interest and long-term benefits, making it an excellent option for retirement planning and tax saving.
  3. Equity-linked Savings Scheme (ELSS): ELSS funds offer tax benefits under Section 80C and have the potential for high returns due to their equity exposure. These funds come with a lock-in period of three years and are suitable for investors looking for tax-saving options with growth potential.
  4. Home Loan: Taking a home loan not only helps in acquiring your dream home but also provides significant tax benefits. Under Section 24(b) of Income Tax Act, you can claim deductions on the interest paid on a home loan, reducing your overall tax liability. Additionally, principal repayment qualifies for deductions under Section 80C.

Claiming relief under Section 89 of Income Tax Act

Claiming relief under Section 89 of Income Tax Act involves a systematic approach:

  1. Gather information: Collect details of the arrears or advance payments received and the corresponding income for the relevant years.
  2. Calculate relief: Use Form 10E to calculate the relief by comparing the tax liabilities of the current and previous years.
  3. File Form 10E: Submit Form 10E along with your income tax return to claim the relief. This form is mandatory for processing your relief claim.
  4. Review and submit: Ensure all details are accurate and submit the form with your income tax return for the relevant financial year.

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Frequently asked questions

How is the tax relief calculated under Section 89?
Tax relief under Section 89 is calculated by determining the tax liability for the current year with the lump sum payment, then calculating the tax for previous years as if the arrears were received in those years. The difference provides the relief amount.
Who is eligible to claim tax relief under Section 89?
Individuals receiving salary arrears, advance payments, or family pensions can claim tax relief under Section 89. Eligibility applies to taxpayers facing higher tax liability due to lump sum payments received in a single financial year, affecting their overall tax bracket.
What documents are needed to file for Section 89 relief?
To file for Section 89 relief, taxpayers need details of the arrears or advance payments received, including the corresponding income for the relevant years. Form 10E must also be completed, detailing the calculations and submitted alongside the income tax return.
How to fill and submit Form 10E?
To fill Form 10E, provide information on arrears or advance payments, calculate the relief, and include tax details for the current and previous years. Submit Form 10E along with your income tax return to claim the relief, ensuring all information is accurate.
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