Tax on your exit payments
Most of a well-structured settlement is tax-free — but only if the exemptions are applied properly. Here is which part of yours is exempt, and which is not.
How much tax will I pay on my full and final settlement?
The two largest components carry the two largest exemptions — but ₹20 lakh on gratuity and ₹25 lakh on leave encashment are ceilings, not automatic exemptions. Each is a least-of test, and the ceiling is only its last limb. On ordinary salaries a service- or salary-based limb binds well below it: three years' service on ₹40,000 of wages caps the gratuity exemption at about ₹69,000, not ₹20 lakh. For an exit on or after 21 November 2025, wages include the part of your allowances above half of total pay.
Everything else — unpaid salary, notice pay in lieu, and bonus — is ordinary salary income and fully taxable. Reimbursement of genuine business expenses is not income at all. The ₹25 lakh encashment limit — and the gratuity limit where your employer is outside the gratuity statute — is a lifetime figure across every employer you ever have, not a fresh allowance at each job.
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- Gratuity, leave encashment, unpaid salary, bonus
Tax on your exit payments
Which parts are exempt, which are taxable, and what's left
These decide your exemption, so they are not optional. The ₹20 lakh and ₹25 lakh figures are ceilings, not automatic exemptions — for most people a service-based formula caps the exemption well below them. Without your service and salary we would have to assume the ceiling applies, which would overstate what is tax-free.
On or after 21 November 2025, gratuity wages follow the Code on Wages definition.
Pay left out of basic + DA. Any amount above half of total pay is added back to wages for gratuity. Leave out annual performance incentives.
Counted at no more than 30 days per completed year, whatever your employer's policy allowed, less the leave you took or encashed along the way.
Have you used any of these exemptions before?+
The ₹25 lakh leave encashment limit is a lifetime limit across every employer you have ever had, and so is the ₹20 lakh gratuity limit for an employer outside the gratuity statute. Gratuity paid under the statute is capped per payment instead, so earlier exemptions do not reduce it. Enter what you claimed at a previous exit so the headroom is right.
The rate your top slice of income is taxed at. We deliberately do not compute slabs — the right answer depends on your regime, rebate, surcharge and cess.
Key takeaways
- →Every exemption here is a LEAST-OF test. ₹20 lakh on gratuity and ₹25 lakh on encashment are the last limb, not the answer.
- →For most people a service- or salary-based limb binds far below the ceiling. Three years at ₹40,000 of wages caps the gratuity exemption near ₹69,000.
- →For exits on or after 21 November 2025, statutory gratuity uses Code on Wages wages: Basic + DA + retaining allowance, plus any allowances above 50% of pay.
- →The encashment test cuts a large leave balance back to 30 days per completed year, less leave already used, and values it on average Basic + DA — not on whatever your employer encashed.
- →The ₹25 lakh encashment limit is a LIFETIME figure across all employers — and so is the gratuity limit where the employer is outside the gratuity statute.
- →Severance paid on termination has no exemption, and section 89 / 157 relief is not automatic: Rule 73 requires three years' service and three years of the term still to run.
- →The ₹25 lakh encashment ceiling replaced ₹3 lakh in 2023. Older articles are badly out of date.
- →Retrenchment compensation and a qualifying VRS each carry their own ₹5 lakh exemption. Ordinary ex-gratia carries none.
- →Those ₹5 lakh figures are ceilings too — for short service the pay-based limb caps the exemption far lower.
- →Unpaid salary, notice pay in lieu and bonus are fully taxable. Expense reimbursement is not income.
- →GST is not payable on notice pay recovery — CBIC Circular 178/10/2022-GST settles it.
How each component is taxed
| Component | Treatment | Authority |
|---|---|---|
| Gratuity | Exempt at the lowest of: amount received; 15/26 of last drawn wages per completed year — Basic + DA, or for exits from 21 November 2025 Basic + DA + retaining allowance plus allowances above 50% of pay; and the ₹20 lakhstatutory ceiling. Outside the gratuity statute: half a month's average salary per year and a ₹20 lakh lifetime limit. Government: wholly exempt. Excess taxable as salary. | 2025 Act s.19(1) Sl.3/5/6, s.19(2)(a); s.10(10); CBDT Notn. 16/2019 |
| Leave encashment | Exempt at the lowestof: amount received; 10 months' average salary; leave to credit capped at 30 days per completed year, less leave already used, and valued on average Basic + DA; and ₹25 lakh lifetime. Excess taxable. | 2025 Act s.19(1) Sl.14, s.19(2)(f); s.10(10AA)(ii); CBDT Notn. 31/2023 |
| Unpaid salary | Fully taxable as salary. | Ordinary salary income |
| Notice pay in lieu | Fully taxable. No exit-specific exemption. | Ordinary salary income |
| Bonus / incentive | Fully taxable in the year received. | Ordinary salary income |
| Retrenchment compensation | Exempt at the lowestof: amount received, 15 days' average pay per completed year, and ₹5 lakh. No ceiling where the scheme is Central Government approved. | s.10(10B) / 2025 Act s.19; ID Act s.25F(b) |
| VRS / voluntary separation | Exempt to ₹5 lakh, once in a lifetime, if the scheme meets Rule 2BA. Breach the Rule 2BA amount cap and the exemption is lost in full. | s.10(10C) / 2025 Act s.19 Sl.12; Rule 2BA |
| Ex-gratia / severance | Fully taxable. No exemption for a goodwill payment as such. Relief under s.89 / s.157 only where Rule 73's three-year service and unexpired-term conditions are met. | Profit in lieu of salary |
| Expense reimbursement | Not income at all, where it reimburses actual expenses. | Not a perquisite |
The lifetime ceiling nobody tracks
This is the single most consequential thing on this page, and it is almost never explained properly. The leave encashment exemption is a lifetime limit: if you claimed ₹8 lakh of encashment exemption when you left a job in 2019, you have ₹17 lakh of headroom left — not a fresh ₹25 lakh. The same rule applies to gratuity from an employer outside the gratuity statute (Income-tax Act 2025, section 19(2)(a)). Gratuity paid under the statute works differently: each payment is capped at the ₹20 lakh the statute allows, and an earlier exemption does not reduce it.
Write your remaining headroom down somewhere you will find it. Nobody sends you a statement of exemption used, no employer tracks it across jobs, and the obligation to get it right sits with you. The calculator above reports what you have left after this settlement — note it for your next exit.
For most people this never bites, because a career total below ₹25 lakh of leave encashment is common. It bites hardest on senior employees with long service at two or more employers, which is precisely the group most likely to assume the exemption resets.
“Severance” is three different payments
Employers routinely write ex-gratia on the payslip whatever the exit actually was. The label does not decide the tax; the substance does, and the three possibilities are taxed very differently.
Retrenchment compensation
Exempt at the lowestof what you received, 15 days' average pay for each completed year of continuous service, and ₹5,00,000. The middle limb is the one people miss: at ₹50,000 a month and three years' service it caps the exemption at ₹75,000, not ₹5 lakh. A part-year over six months counts as a full year. Where the scheme is approved by the Central Government the ceiling does not apply at all.
One genuinely unsettled point. Turning monthly average pay into a daily rate needs a divisor, and the Industrial Disputes Act does not supply one. Read fifteen days as half a month and you divide by 30; treat a monthly-rated worker as paid for 26 working days — the base the Payment of Gratuity Act uses expressly — and you divide by 26, which is about 15% more exemption. On the example above that is ₹86,538 rather than ₹75,000. The calculator computes both and defaults to the 30-day figure, since understating an exemption is the recoverable mistake. Check which base your employer used and raise it if the difference favours you.
Voluntary retirement or separation
Exempt at the lower of what you received and ₹5,00,000 — once in a lifetime. The trap is Rule 2BA: the scheme must not pay more than the higher of three months' salary per completed year, or salary for the months you had left to superannuation. Exceed it and the scheme stops qualifying, so the exemption is lost entirely rather than trimmed back to the cap.
Ordinary ex-gratia
A goodwill or negotiated payment carries no exemption and is fully taxable as profit in lieu of salary. This is the correct answer for most private-sector settlements, and no amount of relabelling changes it. Relief under section 89 (Form 10E) or section 157 (Form 39) is not automatic either: compensation on termination qualifies only after at least three years' continuous service and where at least three years of the employment term were still to run (Rule 73 of the Income-tax Rules 2026). With an open-ended contract, or where the nature of the payment is unclear, have it reviewed before you claim.
Check what your letter says, not what the payslip says. If you were retrenched, or left under a formal scheme, tell the calculator above — it applies the right test. If your Form 130 (formerly Form 16) treats an exempt component as fully taxable, that is worth raising with payroll in writing before you file.
One more interaction worth knowing: you cannot claim the VRS exemption andrelief under section 89 (Form 10E) or section 157 (Form 39) on the same amount. Retrenchment compensation is compensation on termination, so it can qualify for that relief where Rule 73's three-year service and unexpired-term conditions are met — if yours is large, it is worth checking both routes.
GST on notice pay recovery: settled, and in your favour
For several years after GST came in, some employers charged GST on notice pay recovered from departing employees, on the theory that the employer was “tolerating an act” — a taxable supply under Schedule II.
CBIC Circular No. 178/10/2022-GST, dated 3 August 2022, paragraph 7.5, settled it. Salary forfeited when an employee leaves before the agreed period is recovered “not as a consideration for tolerating the act of such premature quitting of employment but as penalties”, and so is not taxable. A recovery for unserved notice is that forfeiture, so GST is not leviable on it.
If your settlement statement shows GST added to a notice recovery, that circular is what to cite. Ask payroll in writing which authority they are relying on — in most cases the line simply comes off.
Two worked settlements
The first is the case where the headline ceilings really do decide the answer. It takes a long career and a large salary to get there, and the assumptions are set out in full precisely because they are doing the work. The second is the far more common case, where a limb you may never have heard of binds instead.
1. Rakesh — long service, high salary, and the ceilings bind
Rakesh leaves after 22 completed years. His last drawn Basic + DA is ₹2,60,000 a month, and that is also his average over the last ten months; his other allowances are less than half his total pay, so the Code's add-back does not change his wages. He holds 300 days of unused earned leave. His employer is covered by the gratuity statute. He has never claimed either exemption before, and his marginal rate is 30%. His settlement is gratuity ₹25,00,000, leave encashment ₹30,00,000, unpaid salary and bonus ₹4,00,000, and expense reimbursement ₹50,000.
Gratuity — s.10(10)(ii), least of three
- Received: ₹25,00,000
- Formula: (₹2,60,000 wages ÷ 26) × 15 × 22 years = ₹33,00,000
- Statutory ceiling: ₹20,00,000 ← lowest, so this binds
- Exempt ₹20,00,000; ₹5,00,000 taxable
Leave encashment — s.10(10AA)(ii), least of four
- Received: ₹30,00,000
- Ten months' average salary: 10 × ₹2,60,000 = ₹26,00,000
- Eligible leave: 300 days held, inside the 30-per-completed-year limit of 660 (a 30-day policy credited him 660 and he used 360, which leaves exactly the 300 he holds), valued at ₹2,60,000 ÷ 30 = ₹8,667 a day = ₹26,00,000
- Lifetime ceiling: ₹25,00,000 ← lowest, so this binds
- Exempt ₹25,00,000; ₹5,00,000 taxable
- Salary and bonus: ₹4,00,000 taxable
- Reimbursement: not income
- Total taxable: ₹14,00,000 → tax at 30% ≈ ₹4,20,000
He received ₹59,50,000 and keeps about ₹55,30,000. ₹45,50,000 of it escaped tax — ₹20,00,000 of gratuity, ₹25,00,000 of encashment and the ₹50,000 reimbursement, which was never income in the first place. Notice how narrowly the ceilings won: the other limbs came in at ₹26,00,000 and ₹33,00,000. Drop his salary or his service a little and a different limb decides it. His lifetime encashment headroom is now fully used, a fact worth recording if he ever changes jobs again.
2. Priya — the ceilings are nowhere near it
Priya leaves after 6 completed years. Her last drawn Basic + DA is ₹60,000 a month, the same as her ten-month average, but her gross is ₹1,20,000 — so her other allowances are exactly half her pay and no add-back applies — and her employer's policy encashes leave on gross. She holds 200 days of unused earned leave. She receives gratuity of ₹3,00,000 — more than the statutory formula, as a contractual top-up — and leave encashment of ₹8,00,000 (200 × ₹1,20,000 ÷ 30).
Gratuity — least of three
- Received: ₹3,00,000
- Formula: (₹60,000 ÷ 26) × 15 × 6 = ₹2,07,692 ← binds
- Ceiling: ₹20,00,000
- Exempt ₹2,07,692; ₹92,308 taxable
Leave encashment — least of four
- Received: ₹8,00,000
- Ten months' average salary: ₹6,00,000
- Eligible leave: her 200 days are cut back to 180 (30 × 6 completed years, with no leave taken or encashed along the way) and valued on average Basic + DA at ₹60,000 ÷ 30 = ₹2,000 a day = ₹3,60,000 ← binds
- Ceiling: ₹25,00,000
- Exempt ₹3,60,000; ₹4,40,000 taxable
She was paid ₹8,00,000 of encashment and only ₹3,60,000 of it is exempt — despite being ₹21 lakh clear of the ₹25 lakh ceiling. Two things did it: the 30-day-per-completed-year cut-back, and the fact that the exemption is valued on average Basic + DAeven though her employer generously encashed on gross. Anyone who reads “tax-free up to ₹25 lakh” and stops there will get a surprise at filing.
Related tools
Frequently asked questions
Is gratuity taxable in India?+
Is leave encashment taxable on resignation?+
Is notice pay taxable?+
Is GST charged on notice pay recovery?+
How much of my full and final settlement is tax-free?+
Is retrenchment compensation taxable?+
How is VRS or voluntary separation compensation taxed?+
What is the difference between ex-gratia, retrenchment compensation and VRS?+
Can I reduce the tax on a large settlement?+
Sources for the figures on this page
Income-tax limit on gratuity NOT paid under the gratuity statute (lifetime, across employers)
Income-tax Act 2025, s.19(1) Table Sl. No. 6 (any other gratuity: least of actual gratuity, the amount notified by the Central Government, and half a month's average salary for each completed year) read with s.19(2)(a) (aggregate across employers and years limited to the notified amount less exemptions already allowed). Sl. No. 3 (government death-cum-retirement gratuity) is fully exempt; Sl. No. 5 (gratuity received under the Payment of Gratuity Act 1972) is exempt up to the amount computed under s.4(2) and (3) of that Act, and the aggregation rule is not attached to it. For tax years before 1 April 2026: s.10(10)(i)–(iii) of the Income-tax Act 1961. Notified limit: CBDT Notification No. 16/2019 (S.O. 1213(E)), 8 March 2019, ₹20,00,000.
View sourceChecked 2026-09-14
Income-tax exemption ceiling on leave encashment at retirement/resignation for non-government employees (lifetime, across all employers)
Income-tax Act 2025, s.19(1) Table Sl. No. 14 (limb (c): the amount notified by the Central Government) read with s.19(2)(f); for tax years before 1 April 2026, Income-tax Act 1961, s.10(10AA)(ii). Limit: CBDT Notification No. 31/2023 (S.O. 2276(E)) dated 24 May 2023, ₹25,00,000, effective 1 April 2023
View sourceChecked 2026-09-22
Ceiling on the retrenchment-compensation exemption — the third limb of the least-of test, aggregated across every retrenchment in a career
Income-tax Act 1961, s.10(10B); Income-tax Act 2025, s.19 read with Schedule II. Limit notified by the Central Government for retrenchment on or after 1 January 1997
View sourceChecked 2026-08-13
Ceiling on the exemption for compensation on voluntary retirement or voluntary separation — claimable once in a lifetime
Income-tax Act 1961, s.10(10C) read with Rule 2BA of the Income-tax Rules 1962; Income-tax Act 2025, s.19 (Sl. No. 12) read with Rule 20 of the Income-tax Rules 2026
View sourceChecked 2026-08-13
Is GST payable on notice pay recovery by an employer?
CBIC Circular No. 178/10/2022-GST dated 3 August 2022, para 7.5, headed "Forfeiture of salary or payment of bond amount in the event of the employee leaving the employment before the minimum agreed period": such amounts are recovered "not as a consideration for tolerating the act of such premature quitting of employment but as penalties", and "are not taxable as consideration for the service of agreeing to tolerate an act or a situation". A recovery for leaving without serving the contractual notice period is a forfeiture of salary for leaving before the agreed period, which is the situation para 7.5 addresses.
View sourceChecked 2026-09-14
Written and reviewed by Deepak Middha, Chartered Accountant (ICAI, India) and founder of LayoffNext.

Deepak Middha is the founder of LayoffNext and a Chartered Accountant (ICAI, India). A U.S. immigrant with nearly 20 years of experience — and 17 years in hedge fund and private equity administration, including as Vice President of Fund Accounting at NAV Fund Administration Group and Associate Director of Private Equity and Real Estate at SS&C Technologies — he builds free, plain-language layoff tools and guides for employees, H-1B workers, and immigrant families.