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Tax Planning
9 min read
December 15, 2024

Gratuity Calculation Guide: Formula, Rules & Tax Exemption

Complete guide to gratuity calculation, eligibility, and ₹20 lakh tax exemption

TL;DR
  • Gratuity = (Basic + DA) x 15 x Years / 26 for covered employees
  • Eligibility: Minimum 5 years of continuous service (4 years 240 days counts as 5 years)
  • Maximum limit: Rs 20 lakh (fully exempt from tax for this amount)
  • Payable within 30 days of separation; delay attracts 10% interest

What is Gratuity?

Gratuity is a lump sum payment made by employer to employee for services rendered. It's payable after completing 5 years of continuous service and serves as a retirement benefit or farewell gift.

Eligibility for Gratuity

Conditions under which an employee becomes eligible for gratuity payment

Eligibility Criteria
Who qualifies for gratuity payment?

Minimum 5 Years Continuous Service

Must have completed 4 years 240 days (rounds to 5 years)

On Retirement, Resignation, or Termination

Payable when employment ends after 5 years

Death of Employee

Payable to legal heirs even if 5 years not completed

Disability Due to Accident/Disease

Payable even if service is less than 5 years

Gratuity Calculation Formulas

Different formulas apply based on whether employer is covered under Payment of Gratuity Act

Covered Employees
Under Payment of Gratuity Act

Gratuity =

(Salary × 15 × Years) / 26

Where:

• Salary = Basic + DA

• 26 = Working days in a month

• Applies to establishments with 10+ employees

Non-Covered Employees
Not under Gratuity Act

Gratuity =

(Salary × 15 × Years) / 30

Where:

• Salary = Basic + DA

• 30 = Calendar days in a month

• Applies to smaller establishments

Detailed Calculation Example

Step-by-step calculation for a covered employee

Sample Calculation
For an employee with 10 years of service

Last Drawn Basic Salary

₹50,000

Dearness Allowance (DA)

₹10,000

Total Last Drawn Salary

₹60,000

Years of Service

10 years

Calculation Steps:

Gratuity = (Salary × 15 × Years) / 26

Gratuity = (60,000 × 15 × 10) / 26

Gratuity = 90,00,000 / 26

Final Gratuity Amount

₹3,46,154

Key Takeaway

The 4 years 240 days rule: If you've worked for 4 years and 240 days (or 4 years and 190 days for miners), it's legally counted as 5 years of service, making you eligible for full gratuity. This is a common oversight that costs employees lakhs in benefits. Always negotiate your exit date to cross this threshold if you're close.

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Maximum Gratuity Limit

Tax on Gratuity

Tax exemption rules vary based on employment type

Government Employees
100% Exempt

Fully exempt from tax with no upper limit for central/state government employees

Private (Covered)
Up to ₹20L

Exempt up to ₹20 lakh or actual amount received, whichever is lower

Private (Non-Covered)
Formula-based

Exempt up to ₹20 lakh based on specific formula calculation

When is Gratuity Paid?

Timeline and important rules for gratuity payment

Important Points to Remember

No TDS on Gratuity

If within exempt limit, no tax deduction at source required

Forfeiture Possible

Can be forfeited for misconduct, violence, or termination for cause

Part of CTC But Separate

Can be shown in CTC but paid separately on separation

Calculate Your Gratuity

Use our free online calculator to estimate your exact gratuity amount

Get instant gratuity calculation based on your salary and service years

Planning for retirement? Also explore our Retirement Calculator and EPF Calculator to get a complete picture of your retirement corpus.

Need Expert Help?

Get personalized guidance from CA Ashama Rajawat on your specific tax situation.