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💼 SECTION 10(10) · ₹20L TAX-FREE · 5 YEARS+

Gratuity Calculator per Payment of Gratuity Act 1972

Calculate gratuity payable on separation. Auto-handles Section 10(10) exemption up to ₹20 lakh tax-free (unchanged since March 2018). Supports both covered employees (Payment of Gratuity Act 1972) and non-covered employees. Includes fixed-term employees (eligible after 1 year under the Code on Social Security, 2020, in force from 21 Nov 2025). IT Act 1961 + IT Act 2025 ready.

Gratuity Details

Covered: Establishments with 10+ employees · Not Covered: Smaller orgs, govt employees use different formula
₹
Last month's Basic + DA (+ retaining allowance). Under the labour codes (from 21 Nov 2025), if allowances exceed 50% of total pay, the excess is added back to "wages" — enter the adjusted figure. Not covered: enter the average of the last 10 months.
Covered: a part year of more than 6 months counts as a full year. Min 5 years required (1 year for fixed-term employees).
5-year minimum WAIVED for death/disability; 1 year for fixed-term employees
₹
If your employer paid a different amount, enter it — the exemption is the lowest of actual, formula and the ₹20L limit. Leave 0 to use the formula amount.
₹
The ₹20L limit is a lifetime aggregate across employers.
Govt employees: Full gratuity TAX-FREE u/s 10(10)(i) · Private: ₹20L cap u/s 10(10)(ii)/(iii)
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Gratuity Calculator

Per Payment of Gratuity Act 1972, with Section 10(10) tax exemption.

📐 Formulas
Covered Employees:
Last Basic × 15/26 × Years

Non-Covered Employees:
Avg last 10 months Basic × 15/30 × Years

Tax Exemption:
Up to ₹20 lakh (private)
Full exempt (govt)

Gratuity Rules — Who Gets What

1

Eligibility

Minimum 5 years of continuous service. Waived for: death or disablement. Fixed-term employees: eligible after 1 year, pro rata (Code on Social Security, 2020, in force 21 Nov 2025). Some High Courts treat 4 years + 240 days of work in the fifth year as 5 years of continuous service.

2

Covered vs Not Covered

Covered (Gratuity Act 1972): Establishments with 10+ employees. Formula: Last Basic+DA × 15/26 × Years. Not Covered: Smaller orgs. Formula: Avg of last 10 months Basic × 15/30 × Years (different denominator).

3

Year Rounding

Covered: If 6+ months in current year → counts as +1 year (rounded up). Not covered: Only completed years counted (no rounding up). Example: 7 years 8 months = 8 years (covered) or 7 years (not covered).

4

Tax Exemption u/s 10(10)

Private sector: Lowest of (a) Actual gratuity received, (b) Last salary × 15/26 × years (covered) or ½ month's average salary × completed years (not covered), (c) ₹20,00,000 (limit since 29 March 2018). Amount above ₹20L is fully taxable. Govt employees: FULL amount tax-free.

5

IT Act 2025 Changes

Section 10(10) → Section 19 of IT Act 2025. ₹20L limit retained. Substantive provision unchanged — only section number changes for FY 2026-27 onwards.

6

Employer's Obligation

Pay within 30 days of becoming due (last working day for retirement/resignation; date of death for death). Interest @ simple rate notified by govt if delayed. Form L is used to apply for gratuity from employer.

Strategic Considerations

  • The 5-year line: A permanent employee who leaves before 5 years of continuous service has no statutory gratuity (courts differ on whether 4 years + 240 days qualifies). Check your exact joining date before deciding an exit date.
  • Fixed-term employees: From 21 Nov 2025, entitled after 1 year of service, pro rata.
  • Multiple Employers: ₹20L cap is LIFETIME across all employers. Track cumulative gratuity received. Form 16 captures this.
  • CTC Component: Some employers show "gratuity provision" in CTC (4.81% of basic). This is theoretical — you only RECEIVE on actual separation after 5 years.
  • Death/Disability: Family receives full gratuity even before 5 years. Gratuity received by legal heirs after the employee's death is not taxable in their hands (CBDT Circular 573/1990).

Gratuity Calculator FAQs

Why is the formula 15/26 (not 15/30)?
For employees COVERED under Gratuity Act 1972: 26 is used because Sundays are deducted from working days (assumes 30 days - 4 Sundays = 26 working days). For NOT covered employees, 30 is used (calendar month basis). This is why coverage matters significantly.
What counts as "Basic Salary" for gratuity?
Only Basic Salary + Dearness Allowance (DA). EXCLUDED: HRA, conveyance, special allowance, performance bonus, overtime, food coupons, leave encashment. Some courts have ruled certain allowances as "wages" — case law evolving. For calculation, stick to Basic + DA from Form 16.
Can my employer pay more than the calculated gratuity?
YES — many companies pay ex-gratia or additional amounts. But tax exemption u/s 10(10) is limited to: (a) Actual gratuity received OR (b) Calculated as per formula OR (c) ₹20 lakh — whichever is LOWEST. So extra amount above formula/limit is taxable.
Is gratuity taxable in New Tax Regime?
YES, the Section 10(10) exemption applies in BOTH regimes. ₹20L limit applies regardless of regime chosen. Only difference: New Regime doesn't allow other deductions, but gratuity exemption is "exclusion from income" (under Section 10, not Chapter VIA), so available in both regimes. Same continues under IT Act 2025.
What if I leave before 5 years?
For covered employees: NO gratuity. Period. Even 4 years 11 months = zero. Exceptions: death, disability, termination due to disablement (where 5-year requirement waived). Some companies offer "ex-gratia" but it's discretionary, not entitlement.
How does gratuity work for fixed-term contracts?
Under the Code on Social Security, 2020 (in force from 21 November 2025), fixed-term employees are entitled to gratuity on a pro-rata basis after 1 year of service, instead of 5. Use the same 15/26 formula for the years served. For contracts under 1 year there is no statutory gratuity unless company policy provides it.
Can I receive gratuity multiple times in life?
Yes, every employer pays separately. But the ₹20 lakh tax-free limit is LIFETIME — across all employers combined. So if you got ₹10L from Employer A and ₹15L from Employer B, only ₹20L total is tax-free; ₹5L is taxable. Form 26AS / annual income statement tracks this.
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⚖️ THE LAW BEHIND THIS CALCULATOR

The law behind this calculator

The calculator does the arithmetic. TaxSphere — our free case-law library, 1,184 authorities and the Act in full — has the judgments, the circulars and the statutory text for the same provision.

Prabhakar Kumar
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Prabhakar Kumar

Chartered Accountant (ICAI, Nov 2019)

Founder of VittSphere Technologies. Practicing Chartered Accountant building India's first AI Personal CFO platform. Every calculator personally verified against the Income Tax Act, 1961 and Income Tax Act, 2025.

Prabhakar Kumar
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