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Gratuity Act FY 2025-26

Gratuity Calculator.

Estimate your statutory gratuity payout under the Payment of Gratuity Act, 1972. Compare act coverage definitions, check continuous service eligibility, and evaluate tax-free limits instantly.

Act Coverage Status

Service Parameters

₹5k ₹10 Lakh
1 Year 50 Years
0 Months 11 Months
Formula Reference

Gratuity Formula

$$Gratuity = \frac{15 \times Last\ Drawn\ Salary \times Service\ Years}{26}$$
Last Drawn Salary Basic salary plus Dearness Allowance (DA) for the last month of service
Service Years Number of years of continuous employment (rounded to nearest year if service > 6 months)
15 / 26 Represents 15 days of salary out of 26 working days in a month
Gratuity Eligibility Calculating...

Gratuity Amount Summary
Total Gratuity Payable

₹0

Tax Treatment Breakdown (Section 10(10)):
Tax-Free (Exempt) Gratuity Exempt from tax (Up to ₹20 Lakh statutory limit).
₹0
Taxable Gratuity Portion Subject to income tax according to tax slabs.
₹0

Maturity Allocation & Particulars Breakdown

Calculation Formula & Method
Calculating...

Loading explanation of continuous service rounding rules and divisor parameters...

The statutory maximum limit for tax-free gratuity is ₹20,00,000. Gratuity paid in excess of this limit is taxable as salary income.
Tax Exemption Distribution
Tax Exempt
Taxable Portion

Detailed Particulars Sheet

Particulars Calculation Value Rule Description
Last Drawn monthly salary ₹0 Basic salary plus Dearness Allowance (DA) only.
Total service period 0 Years, 0 Months The total years and months worked with the employer.
Eligible service years 0 Years Service duration adjusted based on act rounding rules.
Gratuity Act status Covered Statutory coverage determines the calculation divisor and rounding rules.
Maximum tax exemption limit ₹20,00,000 Maximum tax-free gratuity allowed under Section 10(10) of the Income Tax Act.
Total Gratuity Payable ₹0 The computed lump-sum gratuity payable at departure.
Tax Exempt Gratuity ₹0 The portion exempt from tax under Section 10(10).
Taxable Gratuity Portion ₹0 The portion added to taxable income under salaries.

Gratuity Scheme & Payout Guide (India)

What is Gratuity in India?

Gratuity is a defined retirement benefit plan under which an employer pays a one-time lump-sum cash benefit to an employee as a token of gratitude for their long-term, continuous services. It is governed by the Payment of Gratuity Act, 1972, and applies to factories, mines, oilfields, plantations, ports, railway companies, shops, and other establishments where 10 or more people are employed.

Eligibility Rules for Gratuity

To receive gratuity, an employee must meet the following statutory requirements:

  • Continuous Service: Must have rendered continuous service with the same employer for at least 5 years.
  • Retirement or Resignation: The benefit becomes payable upon resignation, retirement, superannuation, or termination.
  • Exception to 5-Year Rule: The minimum 5-year continuous service rule is waived in case of the employee’s death or disablement resulting from an accident or disease. In such cases, the gratuity is paid directly to the employee or their nominees/legal heirs.

How Gratuity is Calculated

Calculation formulas differ based on whether the employer is legally covered under the Payment of Gratuity Act:

Category A: Covered under the Gratuity Act

For employees whose organizations employ 10 or more staff members and are covered under the Act:

Gratuity = (Last Drawn Salary × 15 × Completed Service Years) ÷ 26
  • Divisor (26): Represents the number of working days in a month (excluding 4 Sundays).
  • Multiplier (15): Represents 15 days of salary.
  • Rounding Service Years: Fractional years of service exceeding 6 months are rounded up to the next full year (e.g., 5 years 6 months becomes 6 years; 5 years 5 months becomes 5 years).

Category B: Not Covered under the Gratuity Act

For employees of smaller organizations or entities that pay gratuity voluntarily:

Gratuity = (Average Salary of last 10 months × 15 × Completed Service Years) ÷ 30
  • Divisor (30): Represents the number of calendar days in a month.
  • Salary Base: Uses the average salary of the last 10 months preceding retirement/resignation.
  • Rounding Service Years: Fractional months are completely ignored; only fully completed years are counted (e.g., 5 years 11 months is counted as 5 years).

Tax Treatment of Gratuity

Under Section 10(10) of the Income Tax Act, tax exemptions are applied as follows:

  1. Government Employees: Gratuity received by central, state, or local authority employees is fully exempt from income tax.
  2. Non-Government Employees: Private-sector employees receive tax exemption on the least of the following three options:
    • Actual gratuity amount received.
    • Statutory maximum tax-free limit: ₹20,00,000 (₹20 Lakhs).
    • Gratuity calculated as per the statutory formula.

Worked Calculation Example

Suppose you are a private-sector employee covered under the Gratuity Act, and you resign with the following details:

  • Last Drawn Salary (Basic + DA): ₹80,000 per month
  • Completed Service Duration: 9 Years and 7 Months

Step-by-Step Calculation:

  • Service Rounding: Since 7 months is greater than or equal to 6, service is rounded up to 10 Years.
  • Formula: Gratuity = (₹80,000 × 15 × 10) ÷ 26
  • Result: ₹4,61,538 (Total Gratuity Payable)
  • Tax Exemption: The entire ₹4,61,538 is tax-free because it is less than the statutory exemption limit of ₹20 Lakhs.
Gratuity Act Rules

AI Gratuity & Pension Advisor

Ask our custom AI assistant regarding Gratuity eligibility rules, Section 10(10) tax exemptions, death benefits, or employer coverage conditions.

Topics this feature will cover:

🇮🇳 Is gratuity calculated on total CTC or basic salary? 🏢 Can an employer deduct from my gratuity if I owe money? 💳 Are contract employees eligible for gratuity in India?

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FAQs

Frequently Asked Questions

Gratuity is a lump sum payment made by an employer to an employee as a token of appreciation for their long-term association with the organization. It is a defined benefit plan governed by the Payment of Gratuity Act, 1972 in India.

An employee is eligible for gratuity if they have rendered continuous service for at least 5 years with the same employer. This applies to all permanent employees in companies with 10 or more staff members.

Generally, yes. However, the 5-year requirement is waived in case of the employee's death or disablement due to an accident or disease during service. In such unfortunate cases, gratuity is paid to the employee or their nominee/nominees regardless of the duration of service.

Organizations with 10 or more employees are legally covered under the Payment of Gratuity Act, 1972, and must follow standard statutory rules (such as 15/26 days' salary and rounding up partial years exceeding 6 months). Non-covered organizations are smaller or choose to pay gratuity voluntarily, using a 15/30 days' salary formula and only completed years of service.

The formula is: Gratuity = (Last Drawn Salary * 15 * Completed Years of Service) / 26. In this formula, the salary is calculated for 15 days out of 26 working days in a month, and service duration of 6 months or more is rounded up to the next full year.

The formula is: Gratuity = (Average Salary of last 10 months * 15 * Completed Years of Service) / 30. Here, the salary is calculated for 15 days out of 30 calendar days in a month, and only completed years of service are considered (months are ignored).

For gratuity purposes, 'Salary' is defined as Basic Salary plus Dearness Allowance (DA). Any other allowances, bonuses, HRA, or commissions are excluded from this calculation.

Gratuity received by government employees is fully exempt from income tax. For private-sector employees, gratuity is tax-exempt up to the least of: (a) actual gratuity received, (b) statutory limit of ₹20 Lakhs, or (c) gratuity calculated as per the act formula.

The maximum tax-exempt limit for gratuity under Section 10(10) of the Income Tax Act for non-government employees is ₹20,00,000 (₹20 Lakhs). Any amount received above this limit is taxable as salary.

Yes, an employer can pay more than the statutory formula or limit as a performance bonus or additional benefit. However, the amount exceeding the ₹20 Lakhs statutory limit will be subject to tax as per the employee's tax bracket.

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