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Microlesson · 5-min read

Basis of Charge of Salary [Section 15]

## Basis of Charge — Section 15

Salary is taxed on **due basis OR receipt basis, whichever is *earlier***. This single rule resolves most timing questions — once salary is taxed in a year (whether because it became due or because it was received), it can never be taxed a second time.

### The five timing situations

ItemWhen taxedTaxed again later?Relief u/s 89?
Advance Salary (salary of a future period paid early)Year of receipt (irrespective of when it becomes due)No — not taxed again when it becomes dueYes
Arrears of SalaryOn due basis; but if it could not be taxed on due basis (e.g. retrospective pay-revision), then in year of paymentNo — if already taxed on due basis, not taxed again when paidYes
**Advance against Salary** (a loan-like advance adjusted against future salary)Not taxable on receiptTaxed normally as salary becomes due
Loan from Employer (repayable in instalments)Not taxable on receiptIt is a loan, not salary

### Key distinction to lock in

  • Advance salary = salary of future months paid now → taxable now.
  • Advance against salary / loan from employer = money to be recovered from future salary or repaid → NOT taxable on receipt.

The difference is whether the amount represents salary already earned/attributed (taxable) or is merely money lent against future earnings (not taxable until it becomes salary due).

### Relief under Section 89

Wherever salary is bunched into one year (advance salary or arrears), the higher slab impact is cushioned by relief u/s 89.

Worked example

### Example 1

Arrears due to pay-revision. In P.Y. 2025-26 the Central Government announces an HRA increase effective 1.1.2024. The arrears for the period 1.1.2024 to 31.3.2025 could not be taxed on due basis (the revision was not known then). Therefore they are taxed in the previous year 2025-26 (year of payment), and relief under Section 89 is available.

⚠️ Common exam mistakes

  • Confusing 'advance salary' (taxable on receipt) with 'advance against salary / loan from employer' (not taxable on receipt).
  • Taxing arrears or advance salary AGAIN when it later becomes due — once taxed, it is never taxed twice.
  • Forgetting that relief u/s 89 is available for BOTH advance salary and arrears, not just arrears.
Reference: Section 15 — Income-tax Act, 1961
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