ESOP Taxation in India: Perquisite Tax, Capital Gains, and the Startup Deferral (2026)
ESOP taxation in India explained: perquisite tax at exercise, capital gains at sale, the Section 80-IAC deferral, and dual taxation for cross-border employees.
Gratuity = (Last Drawn Salary x 15 x Years of Service) / 26, paid by employers under the Payment of Gratuity Act 1972 with a tax-exempt ceiling of ₹20 lakh.
The gratuity calculation formula is the statutory method prescribed by the Payment of Gratuity Act, 1972 to compute the lump-sum gratuity payable to an employee on cessation of employment after at least 5 years of continuous service. The formula — (Last Drawn Salary x 15 x Years of Service) / 26 — is the single most important number in full and final settlement calculations and one of the largest line items in any long-tenured employee’s exit package. The Payment of Gratuity (Amendment) Act, 2018 raised the tax-exempt ceiling to ₹20 lakh, where it remains today.
The formula appears in Section 4(2) of the Payment of Gratuity Act, 1972, which governs gratuity for every establishment with 10 or more employees on any day in the preceding 12 months. The Act applies regardless of the employee’s salary level or designation — there is no upper salary ceiling for coverage, unlike the Payment of Bonus Act.
The formula has three components:
The 15/26 ratio works out to approximately 57.7% — meaning gratuity pays roughly 0.577 months of salary for every full year of service.
Standard formula:
Gratuity = (Last Drawn Basic + DA x 15 x Years of Service) / 26
Example 1: An employee with last drawn basic+DA of ₹50,000 per month, completing 8 years of continuous service:
| Parameter | Value |
|---|---|
| Last Drawn Basic + DA | ₹50,000 |
| Years of Service | 8 |
| Formula | (50,000 x 15 x 8) / 26 |
| Gratuity Payable | ₹2,30,769 |
Example 2: A long-tenured employee with last drawn basic+DA of ₹2,50,000 per month, completing 30 years of service:
| Parameter | Value |
|---|---|
| Last Drawn Basic + DA | ₹2,50,000 |
| Years of Service | 30 |
| Formula | (2,50,000 x 15 x 30) / 26 |
| Gratuity Computed | ₹43,26,923 |
| Tax-exempt limit | ₹20,00,000 |
| Taxable as salary income | ₹23,26,923 |
This example shows where the ₹20 lakh exemption becomes the binding constraint. For very senior or long-tenured employees, the taxable excess can be material and warrants tax-planning conversation at exit.
For non-government employees covered under the Payment of Gratuity Act, the tax exemption under Section 10(10)(ii) of the Income Tax Act 1961 is the lowest of:
Anything in excess of the lowest of the three figures is taxable as salary income at the employee’s slab rate, with TDS withheld by the employer at the time of payment.
The ₹20 lakh ceiling is a lifetime aggregate — it applies across all employers in the employee’s career, not per employer. An employee who claims ₹15 lakh exemption from one employer and later receives ₹10 lakh gratuity from a subsequent employer can only claim a further ₹5 lakh exemption.
For government employees, gratuity is fully tax-exempt under Section 10(10)(i) without any monetary ceiling.
The current ₹20 lakh ceiling was set by the Payment of Gratuity (Amendment) Act, 2018 (Act 12 of 2018). The amendment Bill was passed by the Lok Sabha on 15 March 2018 and the Rajya Sabha on 22 March 2018, and brought into force via Government Notification S.O. 1420(E) dated 29 March 2018, with effect from the same date.
The amendment raised the ceiling from ₹10 lakh to ₹20 lakh, aligning private-sector gratuity with the post-Seventh Pay Commission ceiling for central government employees. The 2018 Act also empowered the Central Government to notify the maximum amount of gratuity by executive notification rather than requiring further legislative amendment — a flexibility that has not yet been exercised.
The corresponding Income Tax exemption was notified to align with the statutory ceiling, ensuring the ₹20 lakh limit applies to both the entitlement under the Act and the Section 10(10) tax exemption.
Gratuity service is counted in completed years:
Examples:
| Actual Service | Counted Service |
|---|---|
| 7 years and 3 months | 7 years |
| 7 years and 6 months | 8 years |
| 12 years and 8 months | 13 years |
This rounding is one of the most commonly mishandled details in payroll, and it materially affects the final amount — a single year’s difference at ₹1 lakh basic+DA is ₹57,692 of additional gratuity.
Omnivoo provisions gratuity monthly at 4.81% of basic salary as part of every payroll cycle, surfacing the accrued liability for each employee in real time. At the time of exit, the platform applies the statutory formula on last drawn basic+DA, applies the correct service rounding rules, computes the Section 10(10)(ii) tax exemption, and includes the net amount in the full and final settlement. The 30-day payment deadline is enforced automatically — the FnF cannot be marked complete without gratuity disbursement, and any delay-interest calculation is generated alongside the payout.
Basic salary is the core fixed component of an Indian salary structure, typically 40-50% of CTC, that determines PF contributions, gratuity, HRA exemption, and other statutory calculations.
Full and final settlement is the comprehensive financial settlement an employer must complete when an employee exits, covering all pending dues, benefits, and recoveries.
Gratuity is a lump-sum payment an employer must pay to an employee who has completed five or more years of continuous service, calculated based on last drawn salary and tenure.
Leave encashment is the cash payment an employee receives for unused earned leave, either during employment or at the time of retirement, resignation, or termination.
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