Is Gratuity Taxable in India?
By Varun M
Whether your gratuity is taxable depends on your employee category and a statutory exemption limit — ₹20 lakh for private-sector employees, re-verified directly against the tax department. Here's exactly how the exemption works.
Gratuity Calculator
Estimate your gratuity entitlement first (this post covers its tax treatment).
The short answer
Government employees: gratuity is generally fully exempt from tax. Private-sector employees: exempt up to ₹20 lakh, cumulative across your entire career, not per employer. Anything above the exempt portion is added to your taxable income.
How the exemption works, conceptually
Say your gratuity works out to ₹8,00,000. Whether that's fully exempt or partly taxable depends on:
- Your category — government employees are treated differently from private-sector employees.
- The statutory exemption limit for your category, as currently in force.
- A formula-based cap tied to your last-drawn salary and years of service, for employees covered under gratuity provisions.
Broadly, the exempt amount is whichever is lowest among: the gratuity you actually received, the current statutory limit, and the formula-based figure. Any amount above that exempt portion is added to your taxable income and taxed at your slab rate.
The ₹20 lakh limit for private-sector employees
For private-sector employees, the statutory exemption limit is ₹20 lakh — a cumulative lifetime figure across your entire career, not ₹20 lakh per employer. We re-verified this directly against incometaxindia.gov.in rather than assuming it was still current; it is, and the new labour codes haven't changed it. See the ₹20 lakh gratuity tax exemption limit for the full citation and a worked example. Government employees, separately, generally get full exemption with no cap at all.
This is separate from eligibility and calculation
The new labour codes govern who qualifies for gratuity and how much it comes to — see gratuity eligibility rules in India, the gratuity formula (15/26) explained, or look up a rough figure on the gratuity calculation chart. Income tax treatment of what you receive is a separate topic, governed by tax law, not the labour codes.
FAQ
It depends on your category. Government employees generally receive gratuity fully exempt from tax. Private-sector employees covered by gratuity provisions get an exemption up to ₹20 lakh — amounts above that limit are taxable as income at your slab rate.
₹20 lakh, cumulative across your entire career (not per employer), re-verified directly against incometaxindia.gov.in. See the ₹20 lakh gratuity tax exemption limit for the full sourcing and a worked example.
Broadly: whichever amount is lower between your actual gratuity received, the current statutory exemption limit, and a formula-based figure tied to your last-drawn salary and years of service is exempt — anything above that is added to your taxable income. The exact mechanics depend on your employee category; confirm with a tax professional.
The new labour codes govern gratuity ELIGIBILITY and CALCULATION (who qualifies, and how much), not its income-tax treatment — that's set separately under income tax law. This calculator and this post cover the former, not the latter.
incometaxindia.gov.in is the primary source we verified ₹20 lakh against directly — see the ₹20 lakh gratuity tax exemption limit for the citation, or consult a qualified tax professional for your own situation.
Last verified: 19 Aug 2026
Sources: Section 10(10), Income Tax Act, 1961 (general exemption structure); ₹20 lakh private-sector limit re-verified directly against incometaxindia.gov.in — see the ₹20 lakh gratuity tax exemption limit for the full citation.
Section 10(10) is a 1961-Act citation, still correct for AY 2026-27. The Income-tax Act, 2025 renumbers it from Tax Year 2026-27 onward, but we haven't confirmed the new section number to a reliable source yet. See what changed under the Income-tax Act, 2025.
This is general information, not tax advice. Confirm your exact tax treatment with a qualified tax professional or incometax.gov.in before relying on this for financial decisions.