Valuation of concessional loan interest | Salary Income


Valuation of concessional loan interest | Salary Income

Valuation of concessional loan interest:

In general parlance, most of the employees get certain advances from their employer. It can be either interest bearing or Interest Free Advance as per the terms of the employer. When an employee receives a loan from his employer  and if he has to repay the same without any interest or interest at very low rate, it is considered as financial benefit to the employee and in the view of law , it is taxable as perquisite under the head “Salaries” under section 17(2)(ii). Let us have a grasp on this section:

Section 17(2)(iii):
        the value of any benefit or amenity granted or provided free of cost or at concessional rate in any of the following cases-
(a)   By a company to an employee who is a director thereof;
 
(b)   By a company to an employee being a person who has a substantial interest in the company;
 
(c)  By an employer (including a company) to an employee to whom the provisions of paragraphs (a) and (b) of this sub-clause do not apply and whose income under the head “Salaries” (whether due from, or paid or allowed by, one or more employers), exclusive of the value of all benefits or amenities not provided for by way of monetary payment, exceeds fifty thousand rupees.
Explanation of the Section:
Thus, the above section concludes that when an employee is made any payment by whatsoever name called, which reduces the financial liability of an employee, will make the employee responsible to pay tax under the head salary on the interest amount which he is not supposed to pay or is suppose to pay at concessional rate.
The calculation of such concessional loan interest is to be done as prescribed in rule 3(7)(i) of The Income Act. The rule states that:
For more understanding the concept check the examples.
Rule 3 (7)(i):
The value of the benefit to the assessee resulting from the provision of interest-free or concessional loan for any purpose made available to the employee or any member of his household during the relevant previous year by the employer or any person on his behalf shall be determined as the sum equal to the interest computed at the rate charged per annum by the State Bank of India, constituted under the State Bank of India Act, 1955 (23 of 1955), as on the 1st day of the relevant previous year in respect of loans for the same purpose advanced by it on the maximum outstanding monthly balance as reduced by the interest, if any actually paid by him or any such member of his household:
Provided that no value would be charged if such loans are made available for medical treatment in respect of diseases specified in rule 3A of these Rules or where the amount of loans are pretty not exceeding in the aggregate twenty thousand rupees:
Provided further that where the benefit relates to the loans made available for medical treatment referred to above, the exemption so provided shall not apply to so much of the loan as has been reimbursed to the employee under any medical insurance scheme.




For more understanding the concept check the examples.

Point-wise Explanation:
          Payment to the employee or any family member by any name is considered for the purpose of calculation of concessional loan interest.
          When such amount is to be reimbursed by the employee to the employer without any interest or interest at concessional rate, difference of interest as per rule 3(7)(i) Act and no interest is paid or interest actually paid at concessional rate, is taxable under the head salary. Lets understand the calculation with the help of a formula:
Interest as per rule 3(7)(i)*(Note)                                                Rs.xxx
                Less:  Interest actually paid at concessional rate/                               (Rs.xxx)
                                Nil interest paid                                                                                                .
                                Taxable Amount under the Head Salaries                               Rs.xxx
*(Note) Interest as per Rule 3(7)(i) is considered as the rate charged per annum by the State Bank of India, on the 1st day of the relevant previous year in respect of loans for the same purpose advanced by it. It means that is the employer has granted advance to purchase the House than the Housing Loan Interest Rate of SBI is to be considered. For example if the previous year is 2012-13 the rate as on 01.04.2012 is to be considered for calculation interest.

         Interest as per Rule 3(7)(i) is calculated on the balance payable outstanding at the end of the month.
   In case where any other family member of the employee has paid interest on such loan, it is considered as paid by the employee only.
     In case where an employee receives more than one loan then all the loans will be aggregated for calculation of such interest or if they are for different purposes, interest will be calculated at the SBI rate of lending for the respective purpose.
Let us understand the above concept with the help of an examples:


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