Employee welfare expenses: Clause 29 of the Income Tax Bill, 2025 vs. Sections 36 and 40A of the Income Tax Act, 1961

Clause 29 Deductions related to employee welfare.

Income Tax Bill, 2025

Introduction

The Income Tax Bill, 2025, introduces several provisions aimed at refining the taxation framework in India. Clause 29 of this Bill specifically addresses deductions related to employee welfare, a critical area for both employers and employees. It outlines the conditions under which contributions to various employee benefit funds can be deducted from the income chargeable under the head "Profits and gains of business or profession." This article delves into the intricacies of Clause 29, comparing it with the existing provisions u/ss 36 and 40A of the Income Tax Act, 1961, which also deal with deductions related to employee welfare.

Objective and Purpose

The primary objective of Clause 29 is to streamline and clarify the deductions available to employers for contributions made towards employee welfare funds. This includes contributions to provident funds, superannuation funds, pension schemes, and gratuity funds. The intent is to provide a clear legislative framework that aligns with modern employment practices and enhances compliance. Historically, deductions related to employee welfare have been a contentious area, with numerous disputes arising over the interpretation of existing provisions. Clause 29 aims to address these issues by providing explicit guidelines and limits.

Detailed Analysis

Key Provisions of Clause 29

• Sub-clause (1)(a): Allows deductions for contributions to recognized provident funds or approved superannuation funds, subject to prescribed limits and conditions.
• Sub-clause (1)(b): Permits deductions for contributions to pension schemes up to 14% of the employee's salary, including dearness allowance but excluding other allowances and perquisites.
• Sub-clause (1)(c) and (d): Provides for deductions related to contributions to approved gratuity funds and any provision made for gratuity payments during the tax year.
• Sub-clause (1)(e): Addresses the treatment of employee contributions, specifying the due date for crediting these amounts to the relevant funds.
• Sub-section (2): Clarifies that provisions for gratuity payments on retirement or termination are not deductible unless they meet specific conditions.
• Sub-section (3): Restricts deductions for contributions to any fund or institution unless specified under sub-section (1) or required by law.

Comparison with Section 36 of the Income Tax Act, 1961

Section 36 of the Income Tax Act, 1961, also deals with deductions related to employee welfare. A detailed comparison reveals both similarities and differences:

• Provident and Superannuation Funds: Both Clause 29 and Section 36 allow deductions for contributions to recognized provident and superannuation funds, subject to limits and conditions. However, Clause 29 provides more explicit guidelines on the conditions under which these contributions are deductible.
• Pension Schemes: Clause 29 aligns with Section 36 in allowing deductions for contributions to pension schemes. However, Clause 29 specifies a uniform limit of 14% of the salary, which includes dearness allowance, whereas Section 36 refers to Section 80CCD for limits.
• Gratuity Funds: Both provisions allow deductions for contributions to approved gratuity funds. Clause 29, however, provides additional clarity on provisions made for gratuity payments.
• Employee Contributions: The treatment of employee contributions is similar in both provisions, with a focus on timely crediting to relevant funds. Clause 29 explicitly excludes the application of Section 37 for determining the due date, which is a refinement over Section 36.

Comparison with Section 40A of the Income Tax Act, 1961

Section 40A primarily addresses expenses or payments not deductible in certain circumstances, including those related to employee welfare. Key points of comparison include:

• Gratuity Payments: Both Clause 29 and Section 40A restrict deductions for provisions made for gratuity payments unless specific conditions are met. Clause 29 provides more detailed conditions under which deductions can be claimed.
• Contributions to Funds: Section 40A restricts deductions for contributions to funds unless they are for employee welfare as specified in Section 36. Clause 29 mirrors this restriction but provides a more structured framework for allowable deductions.
• General Restrictions: Section 40A imposes general restrictions on deductions for excessive or unreasonable expenditures. Clause 29 does not directly address this but focuses on the specific conditions for employee welfare deductions.

Practical Implications

Clause 29 has significant implications for employers, particularly in terms of compliance and financial planning. Employers must ensure that their contributions to employee welfare funds adhere to the specified limits and conditions to qualify for deductions. This requires careful planning and documentation, especially for contributions that are not made annually or are based on variable factors. The clarity provided by Clause 29 can reduce disputes and litigation related to employee welfare deductions, benefiting both taxpayers and the tax administration.

Comparative Analysis

In comparison with international practices, Clause 29 aligns with global trends towards transparency and specificity in tax deductions related to employee welfare. Many jurisdictions have moved towards clear legislative guidelines to reduce ambiguity and enhance compliance. Clause 29's structured approach is consistent with these trends, although its effectiveness will depend on its implementation and the clarity of accompanying rules and notifications.

Conclusion

Clause 29 of the Income Tax Bill, 2025, represents a significant step towards modernizing the tax treatment of employee welfare contributions in India. By providing clear guidelines and conditions for deductions, it addresses many of the ambiguities present in the existing framework u/ss 36 and 40A of the Income Tax Act, 1961. While the practical implications will depend on the specifics of implementation, Clause 29 has the potential to streamline compliance and reduce disputes in this critical area of taxation.

Full Text:

Clause 29 Deductions related to employee welfare.

Dated: 6-3-2025