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Microlesson · 5-min read

Perquisites taxable only for specified employees & meaning of specified employee [Section 17(2)(iii)]

## Perquisites Taxable ONLY for Specified Employees [Section 17(2)(iii)]

Some perquisites are taxable only if the employee is a 'specified employee'. For other (non-specified) employees these are not taxed.

### Perquisites in this category

  • ✓ Provision of a sweeper, gardener, watchman, or personal attendant.
  • ✓ Facility of gas, electricity, or water supplied for personal use.
  • Free or concessional tickets.
  • ✓ Use of a motor car.
  • Free or concessional education facilities.

> ⚠️ Reimbursements are taxable for ALL employees — the 'specified employee only' rule applies when the employer provides the facility in its own name, not when it merely reimburses the employee.

### Who is a 'Specified Employee'? (any one condition)

1. Director-employee — an employee who is also a director of the company.

2. Substantial interest — an employee holding at least 20% of voting rights in the company. (Only beneficial ownership is considered.)

3. High-income employee — salary exceeding the specified amount (earlier ₹50,000), where this salary is computed:

  • excluding non-monetary benefits and exempt benefits, and
  • after reducing deductions under section 16.
  • The entire salary from all employers is aggregated for testing this limit.

### Exam strategy

First classify the perquisite (all-employee vs. specified-employee). If it's a specified-employee perquisite, then test the three conditions — satisfying any one makes the person a specified employee. Watch the reimbursement carve-out: reimbursement converts it into a perquisite taxable for everyone.

⚠️ Common exam mistakes

  • Applying the 'specified employee only' rule to reimbursements — reimbursements are taxable for all employees.
  • Computing the ₹50,000 salary limit including non-monetary/exempt benefits or before section 16 deductions — it must exclude those benefits and be net of section 16 deductions.
  • Considering salary from only one employer for the high-income test — salary from all employers is aggregated.
  • Using shareholding instead of voting rights, or ignoring the 'beneficial ownership only' qualification, for the 20% substantial-interest test.
Reference: Section 17(2)(iii) — Income-tax Act
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