Gratuity Tax Exemption Rules India 2025 — How Much is Tax-Free?

By Mulazim Team | Updated July 2025 | 6 min read
Gratuity Tax — Key Numbers
₹20 Lakh
Max tax-free gratuity (private sector)
100%
Tax-free for government employees
Section 10(10)
Tax exemption provision

Gratuity is one of the best tax-efficient retirement benefits in India. For most employees, the entire gratuity amount is tax-free. Here's exactly how it works.

Gratuity Tax Rules — 3 Categories of Employees

Category 1: Government Employees

Central and state government employees, defence personnel — entire gratuity is tax-free. No limit.

Category 2: Private Sector — Covered Under Payment of Gratuity Act

Establishments with 10+ employees — employees covered under the Act. Exempt = minimum of 3 amounts:

  1. Actual gratuity received
  2. (15/26) × Last drawn salary × Completed years of service
  3. ₹20,00,000 (statutory maximum)

Whichever is least — that amount is tax-free. Any gratuity above this is taxable as salary.

Category 3: Private Sector — NOT Covered Under Gratuity Act

Establishments with fewer than 10 employees. Exempt = minimum of:

  1. Actual gratuity received
  2. Half month's average salary × Completed years (average = last 10 months' salary ÷ 10)
  3. ₹20,00,000

Calculation Example

Employee details: Private company (covered under Gratuity Act)
Service: 10 years | Last Basic + DA: ₹60,000/month
Actual gratuity received: ₹3,46,000

Exempt amount = minimum of:
1. ₹3,46,000 (actual)
2. (15/26) × ₹60,000 × 10 = ₹3,46,154
3. ₹20,00,000 (statutory max)

Exempt = ₹3,46,000 (full amount) — no tax payable.

When is Gratuity Taxable?

Gratuity becomes taxable when:

₹20 lakh is a lifetime limit — not per job. If you've received ₹15L tax-free in one job, only ₹5L more is available as exemption across all future employers.

Gratuity on Death or Disability

If gratuity is received by nominee due to employee's death — it is completely tax-free regardless of amount. Similarly, gratuity on total permanent disability is fully exempt.

How to Show Gratuity in ITR

Income Tax Act Section 10(10): incometax.gov.in — tax calculator, Form 16 download

Gratuity Tax Calculation? Ask Mulazim AI

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