What Is Gratuity in India?
Gratuity is a retirement benefit paid by an employer to an employee as a token of appreciation for long service. It is governed by the Payment of Gratuity Act, 1972, which mandates payment to employees who have completed at least 5 continuous years of service, on resignation, retirement, death, or disablement.
Gratuity applies to establishments with 10 or more employees. Even after the headcount drops below 10, the Act continues to apply. Private sector employees, government workers, and public sector employees all qualify under respective rules.
Gratuity Formula India
For employees covered under the Payment of Gratuity Act:
Gratuity = (Last Drawn Salary × 15 × Years of Service) / 26
Where Last Drawn Salary = Basic Salary + Dearness Allowance, 15 represents 15 days of salary per year of service, and 26 represents the number of working days in a month.
Example: Last drawn basic salary ₹50,000, 20 years of service: Gratuity = (50,000 × 15 × 20) / 26 = ₹5,76,923.
For employees not covered by the Act (e.g., those in establishments with fewer than 10 employees), the formula uses 30 days per year instead of 26:
Gratuity = (Last Drawn Salary × 30 × Years of Service) / 26
Gratuity Tax Exemption 2026
Gratuity received is tax-exempt up to a specified limit under Section 10(10) of the Income Tax Act:
- Government employees: Entire gratuity received is tax-free.
- Private sector (covered under Act): Minimum of (a) actual gratuity received, (b) ₹20 lakh, or (c) calculated formula amount is tax-exempt.
- Private sector (not covered under Act): Exempt up to ₹20 lakh, subject to 10-year average salary conditions.
The ₹20 lakh exemption limit was last revised in 2019. Any gratuity beyond this limit is taxable as salary income at applicable slab rates.