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Microlesson · 5-min read

Exemption for medical facilities [Proviso to Section 17(2)]

## Medical Facility Exemption [Proviso to Section 17(2)]

Who is covered: the employee and 'family' — spouse, children, and dependent parents, dependent brothers/sisters.

### Exempt medical benefits

1. Employer's own hospital — treatment provided to employee/family in a hospital maintained by the employer.

2. Approved hospital reimbursements — treatment costs incurred in:

  • Government hospitals & government-approved hospitals,
  • Local authority hospitals, or
  • Hospitals approved by the government for employee treatment.
  • For specified diseases/ailments: treatment in any hospital approved by the Chief Commissioner.

3. COVID-19 treatment — exempt if the employee provides:

  • a COVID-19 positive test report,
  • medical records (if clinically diagnosed) within 6 months of being diagnosed positive, and
  • certification of all treatment expenses.

4. Health insurance — premiums paid or reimbursed by the employer.

5. Medical treatment abroad:

  • Medical + stay expenses: exempt to the extent permitted by RBI.
  • Travel cost of patient + one attendant: exempt only if the employee's Gross Total Income does not exceed the specified amount (earlier limit ₹2 lakh).

### Important note on personal accident insurance

If an employer takes a personal accident policy for employees and pays the premium, no immediate benefit accrues to the employee — so the premium is not a taxable perquisite.

### Key distinction

Treatment in the employer's own hospital or in approved/government hospitals is exempt. Treatment elsewhere (private unapproved hospitals) does not get this exemption. For overseas travel, the GTI threshold is a hard gate for the travel-cost exemption.

⚠️ Common exam mistakes

  • Exempting overseas travel costs without checking the employee's GTI against the specified limit (travel exemption is denied if GTI exceeds it).
  • Forgetting that medical/stay expenses abroad are exempt only to the extent permitted by RBI.
  • Treating employer-paid personal accident insurance premium as a taxable perquisite — it is not.
  • Assuming treatment at any private hospital qualifies — it must be employer-maintained or government/approved (or Chief Commissioner-approved for specified diseases).
Reference: Proviso to Section 17(2) — Income-tax Act
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