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Arrear Salary: Understanding Taxability and Relief

Updated: 4 days ago

Arrear Salary: Understanding Taxability and Relief

Employees may get salary arrears for the current year for any outstanding balances from previous years in a variety of situations to provide modifications. Adding these arrears to the income of the preceding year results in a substantially larger tax payment for the current year. The change from the revenue tax slab rate to the higher tax slab is the reason for this. Section 89 of the Income Tax Act has been incorporated by the government to address this complicated situation. It is advantageous because the law allows for the tax deduction of the other tax burden on the employees who receive the arrears in salary. In this article, we will explain the taxability of salary arrears and the relief available to employees.

 

Table of Contents

 

What are Salary Arrears?

Salary arrears are any unpaid balances from a prior period that are remitted at a later date within an earlier assessment year. Additionally, the pay may have changed. However, raises may be given later or may be changed backward in time. Salary arrears are the difference paid in the following period as a result of certain situations. It is mentioned individually by the employer in part B of Form 16 and the salary slips.


Taxability of Salary Arrears

The total amount of money you make or receive in a given fiscal year is often subject to income tax. On the other hand, there can be circumstances in which you received an advance salary or generated the money in one financial year and received it in another. This revenue may come from a job, a family pension, or some other source. These circumstances may affect your tax obligation for a specific fiscal year. However, it is feasible to avoid paying tax on salary arrears by utilising Section 89(1) privileges.


Salary Calculator

Your take-home pay is determined by a simulation called the salary calculator, also known as the in-hand salary calculator. It is the employee's entire pay after any required deductions. The formula box in the salary calculator is where you enter the Cost To Company (CTC) and the bonus that is part of the CTC. The salary calculator will provide your monthly and annual net take-home pay together with your monthly and annual deductions. The professional tax, employee insurance, employer and employee provident fund, and take-home pay are examples of deductions. It also factors in salary arrears.


Steps to Use the Salary Calculator

One of the first questions you may have after starting a new job is how much money you'll really take home after taxes and other deductions. You can calculate this with the use of a salary calculator. The following steps will show you how to use a salary calculator to calculate your take-home pay while accounting for different deductions such as professional tax and provident fund.


Step 1: Go to Resources > Calculators > Salary Calculator at https://www.taxbuddy.com/.


Step 2: Enter your monthly gross wage, before any deductions.


Step 3: The sum of your monthly deductions will then be entered. It can range from TDS and professional tax to PF and other fund deductions related to your employment.


Step 4: Click "Calculate" after providing these details. The net take-home pay will be shown on the screen following all deductions from the gross wage.


Tax Savings on Salary Arrear

Salary arrears may have an impact on your income tax situation. A past-due sum in your pay could force you into a higher taxed slab because of your increasing net income in the current year. On the other hand, you can submit Form 10E to claim tax savings under section 89(1). Form 10E must be completed to use the pay arrears relaxation for the current year. You can visit the Income Tax portal and complete Form 10E online. This is just like you can with other income tax forms including Forms 16A, 16B, and 16C. It is critical to understand the details of your pay and any advance or arrears to minimise taxes and make wise financial plans.


Tax Relief under Section 89(1)

Income tax is levied based on the total amount of money earned or received by the taxpayer in a certain financial year. An assessee can file a claim for relief under section 89 in this situation. This helps to lessen the tax burden if the taxpayer has received a Family Pension in arrears or partially in advance of their paycheque. Arrears and advance salaries are taxed in the year of receipt rather than the year when they are due. Therefore, the assessee has to pay more taxes. Changes in the slab rates may be the cause of the discrepancy between the tax burden in the due year and the receipt year. This is the reason why Section 89 provides relief. To qualify for relief under Section 89(1), an employee must fulfil the following requirements:


  • Salary has to be received either in advance or in arrears

  • Salary must be received for a period of more than 12 months in a fiscal year

  • Family pension must be received in arrears

  • Gratuity 

  • Recompense upon leaving one's job 

  • Pension with Commutation


It is crucial to remember that relief can only be requested in cases when the receipt of such arrears results in a larger tax obligation. Relief is not permitted in the absence of additional tax liabilities.

 

Calculation of Tax Relief on Arrear Salary under Section 89(1)

Section 89(1) allows you to receive some tax relief if you receive a past pay, an advance, or an arrears family pension. 

The steps that help you to figure out the tax break on your own are stated as follows:


Step 1: Determine the amount of tax due on the entire income in the year it is received, including any additional salaries. Part B of Form 16 will show the provided arrears.


Step 2: Determine the amount of tax due on the entire income in the year that it is received, omitting further salaries. The arrear form that your company sent will show you how much more money you owe. You need to take the arrears out of your Form 16 and deduct them from the total salary you got, including the arrears. This computation will provide you with the precise tax liability for the specified year, assuming there were no arrears.


Step 3: Determine how much Steps 1 and 2 differ from one another. This will show you the additional tax that is owed because of the income arrears.


Step 4: Determine the amount of tax due on the entire income, excluding arrears, for the year to which the arrears belong.


Step 5: Determine the amount of tax due on the entire income, including arrears, for the year in question.


Step 6: Determine how much Steps 4 and 5 differ from one another. This will give the real tax liability in any previous year for which arrears have been received in the current year. Thus, it assumes that the entire amount of arrears was received in the same prior year.


Step 7: The tax relief that will be granted is the excess of the amount at Step 3 over Step 6. No relief will be granted if the sum in Step 6 exceeds the sum in Step 3. An alternative method to determine the tax arrears is to use the instructions provided on the income tax website. You can enter the figures on Clear Tax and file your return after you have determined this amount.


Filing Form 10E to Claim Tax Relief on Arrear Salary

You must file Form 10E online via the Income Tax portal to obtain relief under Section 89 before filing the Return of Income. Recall that your pay stubs are evidence of receiving arrears and should be preserved as such. Form 192(2A) requires income details to be provided on Form 10E to make a relief claim. Some of the important features of Form 10E are stated below:


  • Information on employees' total income, arrears, and specified revenues received can be found on Form 10E.


  • It is important to file Form 10E before filing income tax returns. The Income Tax Department will notify the employee about the submission of form 10E to obtain the claim if they claim tax relief but have not filed form 10E.


  • Form 10E can be found on the Income Tax Department's e-portal, making submission simple. All you need to do is go to the portal and enter your account details. You need to register and create a working ID and password if this is your first time using the site. You can find Form 10E in the area containing income tax forms. You can submit the form on the portal by following a few simple steps and providing the necessary information. Attachments are provided for use when completing the form.


  • You must select and finish the appropriate annexure. The amount of money owed is stated in Annexure I. The gratuity is stated in Annexure II. Moreover, the money received upon leaving the position is stated in Annexure III. Form must be completed with Annexure IV in order to get a pension.


Steps to File Form 10E

It is not as difficult as it sounds to file Form 10E. The advent of online services has made filling out these forms incredibly convenient. The steps to filing Form 10E are as follows:


Step 1: You must use your user ID and password to access the E-Filing portal in order to submit Form 10E online. After logging in, a dashboard will appear. Choose the "E-File" option and then "Income tax forms" present on the dashboard. Select "File Income Tax Forms" from there.


Step 2: To locate Form 10E, you can either select it from the "File Income Tax Forms" page or look for "Form 10E" in the box. After locating the form, choose the assessment year (AY) and press "Continue."


Step 3: Select "Let us Get Started" from the page with instructions. You will reach the form by doing this. The form has to have the essential sections completed. Click "Preview" once every section has been completed.


Step 4: You can check an overview of the data you have entered on the "Preview" page. You can click "Proceed to E-Verify" if the information is acceptable to you. This will direct you to the page for e-Verification.


Step 5: You will need to provide your Aadhaar or PAN number together with your password on the e-Verification page in order to authenticate yourself. You will be redirected to a submission page after successfully verifying your identity.


Step 6: You will see a Transaction ID and an acknowledging receipt number on the submission page. You need to remember these numbers in case you need them later. The email address and mobile number linked to the e-Filing portal will also get an email verifying the submission of your form.


Conclusion

Tax liability on wage arrears and postponed payments might be greatly decreased by submitting a Section 89 relief claim. Taxpayers may guarantee a seamless and compliant process. You should be aware of the characteristics of Form 10E, compute tax relief precisely, keep in mind crucial details, and submit the form on time. To take full use of the relief options, you should keep yourself informed, adhere to the recommendations issued by the Income Tax Department, and seek professional advice as needed.


FAQ

Q1. What is the arrear salary?

A salary arrear is an outstanding salary that has past due amounts. Wage arrears frequently occur when workers receive pay increases in one month but are not credited with the increased amount until the next month. In addition, the following factors could result in arrears payments: 

  • Missed payments by the business

  • Payroll processing delays

  • Late reimbursement claims settlements

  • Problems with bonus transfers

  • Businesses that only pay after the service is finished


Q2. What is an example of a salary paid in arrears?

Arrears payments can best be illustrated by a retroactive wage increase. For instance, Shweta gets paid Rs. 20,000, but starting in April, she will get a Rs. 5,000 pay increase. However, the increase is not credited to her account until August because of payroll problems. In this example, Shweta will get a total of Rs. 45,000 in August, of which Rs. 25,000 is the amount she has owed over the previous five months in arrears.


Q3. What happens if I get an arrear?

A payroll arrear merely indicates that a portion of your pay will be refunded at a later time. In these situations, the money will be credited to you by your employer over the next few months.


Q4. How are salary arrears calculated?

Assume, starting in April, that you receive a Rs. 2,000 pay increase on top of your current Rs. 15,000 compensation. Unfortunately, this increased amount will only be credited to your account in August owing to payroll difficulties. The total amount of arrears in wages for the previous five months is Rs. 10,000. That states that you will be paid Rs. 25,000 (15,000 + 10,000) in August.


Q5. Are salary arrears subject to income tax deductions?

Deductions for income taxes are available for earnings made during the current fiscal year. Arrears that are not paid on time will be taxed as part of your annual net income in the applicable income tax slab if you receive them in the same fiscal year. However, deducting past-due wages from prior years from your current income may raise your net income and place you in a higher tax bracket.


Q6. What are negative arrears in salary?

A situation in which a person receives more money than they are due within a given time frame is known as negative wage arrears. This indicates that there is an excess of salary payments made to the individual, which leaves the arrears balance negative.


Q7. How to save tax on arrears of salary?

Section 89(1) of the tax legislation allows you to receive relief from any increased tax burden resulting from a delay in collecting income. To put it another way, you do not have to pay more taxes if there was a delay in your payment and you were in a lower tax bracket the year the money was received.


Q8. Is TDS applicable on arrears of salary?

According to Section 192 for TDS on wage, tax must be withheld at the source when the employee is actually paid their wage. Therefore, the employer must account for both advance salary and salary arrears while determining the deduction in taxes.


Q9. Where do I show arrears of salary?

Relief under Section 89 may be requested in the event that arrears or an advance of any money in the kind of salary are received. Form 10E must be filed by the assessee in order to make a claim for such relief. It is recommended that Form 10E be submitted ahead of the income tax return.


Q10. What is an arrear deduction in salary?

The employee receives arrears if their pay is adjusted from a prior month. Each component of wages' arrears is computed independently, and the date the salary is raised is known as the Effective Date.


Q11. What does paid a week in arrears mean?

You just get paid one week later than the week the hours were completed if you are one week behind schedule. Thus, assuming a Monday through Friday workweek, for example: on Friday, June 13th, you would receive your first pay packet if your first work week started on Monday, June 2.


Q12. What are the arrears in the payslip?

A salary arrear is an outstanding salary that has past due amounts. Salary arrears frequently occur when workers receive pay increases in one month but are not credited with the increased amount until the next month.


Q13. What is the difference between payment in advance and payment in arrears?

The advance payment is made prior to the delivery of the service itself. Rent is one of the examples of a payment made in advance. It is often made at the beginning of each month. Once a service has been rendered, payment in arrears is made. Payments are paid to salaried staff members when they provide the employer with the requested service.



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