• Tax liability on salary

I am moving back to India from overseas via an internal transfer within my company. I recently was made aware of my India salary and wanted to understand how much will I actually end up getting in hand. Apologies in advance if the info below is missing some details as I am still waiting for the breakup -

Base pay - 71 lakhs 
Stock compensation - 30 lakhs

I wanted to understand what tax will I end up paying based on the above. Any guidance will be very helpful. Thank you.
Asked 2 months ago in Income Tax

Ideally on salary of 71 lacs you will have following deductions per month

 

Provident fund it can be from Rs. 1800 to 12% of your basic salary

Professional tax Rs. 200

 

Income tax depends upon selection of old regime or new regime.

 

Approx. Tds working yearly based on new slab selection wil be around Rs. 30.8 Lacs in total income of 1.01 crore

Vishrut Rajesh Shah
CA, Ahmedabad
940 Answers
39 Consultations

Hi,

Can you help with some more details on stock compensation ? Like ,

- Will you get RSU/ESPPs from your company ?
- Any idea of their vesting period ?

 

Thanks
Damini

Damini Agarwal
CA, Bangalore
440 Answers
31 Consultations

For the tax calculation on your Indian salary, the total income you mentioned includes base pay of ₹71 lakhs and stock compensation of ₹30 lakhs, totaling ₹101 lakhs (₹1.01 crores). Here’s a general breakdown of how your taxes might work:

1. Income Tax Slabs for FY 2023-24 (Old Regime):

  • ₹0 to ₹2.5 lakhs: No tax
  • ₹2.5 lakhs to ₹5 lakhs: 5%
  • ₹5 lakhs to ₹10 lakhs: 20%
  • Above ₹10 lakhs: 30%

In addition, a cess of 4% is applied on the total tax amount.

2. New Tax Regime Slabs (2023-24):

  • ₹0 to ₹2.5 lakhs: No tax
  • ₹2.5 lakhs to ₹5 lakhs: 5%
  • ₹5 lakhs to ₹7.5 lakhs: 10%
  • ₹7.5 lakhs to ₹10 lakhs: 15%
  • ₹10 lakhs to ₹12.5 lakhs: 20%
  • ₹12.5 lakhs to ₹15 lakhs: 25%
  • Above ₹15 lakhs: 30%

You can choose between the old tax regime, which allows deductions under sections like 80C (₹1.5 lakh), 80D, HRA, etc., or the new regime, which has lower rates but disallows most deductions.

3. Salary Breakdown:


  • Base pay (₹71 lakhs): Fully taxable under the "Income from Salaries" head.

  • Stock compensation (₹30 lakhs): This could be taxed under "Capital Gains" or "Income from Salary" based on how it’s structured. If taxed as salary, it adds to your income directly, but as capital gains, it may be eligible for separate tax treatment.

4. TDS and Advance Tax:

Your employer will deduct TDS (Tax Deducted at Source) on your salary. You may also need to pay advance tax quarterly if the tax liability exceeds ₹10,000 for the financial year​.

Let me know if you'd prefer a detailed breakdown of tax computations under both regimes!

Best regards,

For detailed, personalized advice, consider a phone consultancy.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

Thank you.

Shubham Goyal

 

Shubham Goyal
CA, Delhi
333 Answers
6 Consultations

In India, RSUs (Restricted Stock Units) are typically taxed as part of "Income from Salaries" at the time they vest. Here's how the taxation works for RSUs:

Tax Treatment of RSUs in India:

  1. At the Time of Vesting:

    • When your RSUs vest (in March and September next year, as you mentioned), their fair market value (FMV) on the date of vesting will be added to your income under the head "Income from Salary."
    • The employer usually deducts TDS (Tax Deducted at Source) on this amount as part of salary.

  2. Tax Slab Impact:

    • The RSU value is taxed at your applicable income tax slab rate. Given that your base salary is already ₹71 lakhs, the RSU income will push you into the highest tax bracket (30% for income above ₹15 lakhs).

    • Cess of 4% on the total tax liability will also apply.

  3. Capital Gains Tax (if you sell the shares):

    • After vesting, if you sell the RSU shares, the sale will attract capital gains tax.
    • If sold within 24 months of vesting, the gains will be taxed as short-term capital gains (STCG), taxed at 15% if the shares are listed.
    • If sold after 24 months, they will be taxed as long-term capital gains (LTCG), taxed at 10% on gains exceeding ₹1 lakh​​.

So, RSUs are indeed counted as salary income at vesting and taxed accordingly.

 

Best regards,

For detailed, personalized advice, consider a phone consultancy.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

Thank you.

Shubham Goyal

 

Shubham Goyal
CA, Delhi
333 Answers
6 Consultations

Yes it will be treated as perquisite and shall be subject to TDS under the head salary irrespective of its vesting period. At the time of vesting once ESOP is allotted differential value will be subject to tax if any

Vishrut Rajesh Shah
CA, Ahmedabad
940 Answers
39 Consultations

Your tax liability will be around Rs 22 Lakhs.  If you are a Resident and Ordinarily resident, your global income may also be included and you can get double taxation relief. In Singapore, the tax rates are less than the tax rates in India, So even if you claim double taxation relief, still you may additional tax liability. You may also need to ensure that tax is deducted by your employer properly. 

The tax liability on your stock compensation depends upon the vesting and encashment.  

Its important to have proper tax planning working with different scenarios. 

B Vijaya Kumar
CA, Hyderabad
1018 Answers
124 Consultations

RSUs are considered as perquisite which is taxable at the time of vesting. Further when RSU are sold, there shall be capital gains.

Prerna Peshori
CA, Pune
199 Answers
12 Consultations

- Scope of total income and incidence of tax depends on the residential status of an individual during the previous year

- To determine salary net in hand, breakup of salary is required and deductions out of it

- Assuming vesting conditions of RSU will be fulfilled in India, RSU will be taxable in India

- Determination of tax depends on your residential status, salary breakup and other income earned by you during the previous year

 

Vivek Kumar Arora
CA, Delhi
4940 Answers
1100 Consultations

To estimate your take-home pay and understand the tax implications for your base pay and stock compensation in India, here's a general breakdown:

1. Taxable Income Calculation

Base Pay: ₹71,00,000

Stock Compensation: ₹30,00,000

Stock compensation is typically taxed as part of your income in the year it vests. Here’s how you can calculate the tax:

2. Income Tax Calculation

Taxable Income: ₹71,00,000 + ₹30,00,000 = ₹1,01,00,000

3. Income Tax Slabs for FY 2024-25 (Old Regime)

Assuming you are opting for the old tax regime with deductions:


  • Up to ₹2,50,000: Nil

  • ₹2,50,001 to ₹5,00,000: 5% of income exceeding ₹2,50,000

  • ₹5,00,001 to ₹10,00,000: ₹12,500 + 20% of income exceeding ₹5,00,000

  • Above ₹10,00,000: ₹1,12,500 + 30% of income exceeding ₹10,00,000

Calculation:


  • Up to ₹2,50,000: Nil

  • ₹2,50,001 to ₹5,00,000: ₹2,50,000 × 5% = ₹12,500

  • ₹5,00,001 to ₹10,00,000: ₹5,00,000 × 20% = ₹1,00,000

  • Above ₹10,00,000: ₹91,00,000 × 30% = ₹27,30,000

Total Tax Before Cess:

  • ₹12,500 + ₹1,00,000 + ₹27,30,000 = ₹28,42,500

Add:


  • Health and Education Cess: 4% of ₹28,42,500 = ₹1,13,700

Total Tax Payable:

  • ₹28,42,500 + ₹1,13,700 = ₹29,56,200

4. Deductions and Exemptions

If you are eligible for deductions under sections like 80C (up to ₹1,50,000), 80D, etc., you can reduce your taxable income. Assuming you claim ₹1,50,000 under 80C:

Revised Taxable Income:

  • ₹1,01,00,000 - ₹1,50,000 = ₹99,50,000

Revised Tax Calculation:


  • Up to ₹2,50,000: Nil

  • ₹2,50,001 to ₹5,00,000: ₹12,500

  • ₹5,00,001 to ₹10,00,000: ₹1,00,000

  • Above ₹10,00,000: ₹89,50,000 × 30% = ₹26,85,000

Total Tax Before Cess:

  • ₹12,500 + ₹1,00,000 + ₹26,85,000 = ₹27,97,500

Add:


  • Health and Education Cess: 4% of ₹27,97,500 = ₹1,11,900

Total Tax Payable:

  • ₹27,97,500 + ₹1,11,900 = ₹29,09,400

5. Net Take-Home Pay

Annual Gross Income: ₹1,01,00,000

Less: Tax Payable: ₹29,09,400

Net Income: ₹1,01,00,000 - ₹29,09,400 = ₹71,90,600

6. Stock Compensation


  • Taxable Year: The stock compensation will be taxed in the year it vests and is considered part of your salary for the financial year.

Summary


  • Estimated Total Tax Payable: Approximately ₹29,09,400

  • Estimated Net Annual Income: Approximately ₹71,90,600

This calculation assumes no other deductions or exemptions and follows the old tax regime. The new tax regime has different slabs and may impact your overall tax liability.

 

Damini Agarwal
CA, Bangalore
440 Answers
31 Consultations

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