How gratuity is calculated
The Payment of Gratuity Act 1972 sets the formula for most private-sector employees: (15/26) × last drawn salary × years of service. The 15/26 ratio represents 15 days’ wages per year, treating a month as 26 working days (subtracting Sundays).
For a senior employee earning ₹2 lakh basic+DA who completes 30 years of service:
- Formula amount = (15/26) × 2,00,000 × 30 = ₹34,61,538
- Tax-free under §10(10) = min(34,61,538, ₹20,00,000) = ₹20L
- Taxable gratuity = ₹14,61,538
Coverage types
| Type | Formula | Tax cap |
|---|---|---|
| Act-covered (most private) | (15/26) × salary × years | ₹20L per §10(10) |
| Non-Act (orgs with <10 employees) | (15/30) × avg salary × years | ₹20L per Finance Act 2018 |
| Govt (CCS Pension Rules) | (15/26) × salary × years | Fully exempt under separate provision |
Tax treatment
Per Income Tax Act §10(10), the tax-free portion is the lowest of:
- Actual gratuity received
- Formula amount per the Act
- ₹20,00,000 (lifetime cap)
Anything above the cap is added to your salary income and taxed at slab rate. The exemption applies in both old and new tax regimes — it’s an exclusion from total income, not a deduction.
Worked examples
Example 1 — Mid-career professional
₹50,000 basic+DA, 10 years of service, Act-covered:
- Formula = (15/26) × 50,000 × 10 = ₹2,88,461
- Tax-free = ₹2,88,461 (well below ₹20L cap)
- Taxable = ₹0
Example 2 — Senior executive exceeding the cap
₹2,00,000 basic+DA, 30 years of service, Act-covered:
- Formula = (15/26) × 2,00,000 × 30 = ₹34,61,538
- Tax-free = ₹20,00,000 (capped)
- Taxable = ₹14,61,538 — added to salary income and taxed at slab
Example 3 — Government officer
₹80,000 basic+DA, 25 years of service (CCS Pension Rules):
- Formula = (15/26) × 80,000 × 25 = ₹11,53,846
- Tax-free = ₹11,53,846 (below ₹20L cap; fully exempt)
Bridges
- Income tax calculator — compute slab tax on the taxable gratuity portion
- EPF calculator — your other retirement-corpus accumulator
- Gratuity formula explained — deep dive into the 15/26 derivation and worked examples
- Gratuity calculator for private employees — Act-specific rules for the private sector