The government introduced Section 80JJAA of the Income Tax Act to provide relief to entities for the expenses incurred due to recruiting additional employees. Under this Section, employers of new and old companies can claim a deduction for the extra employee cost. Keep reading to know more about this Section, eligibility criteria and how to claim a deduction.
Since it was introduced, the deduction has gone through various changes. The last amendment was made, and the Section was applicable w.e.f April 4 2017. Under it, employers of new or existing entities can claim 30% of their expenses incurred for recruiting an additional employee as tax deduction.
The objective of Section 80JJAA is to encourage entities to make recruits and add fresh employees at regular intervals. Thus, it creates employment in every sector.
The eligibility criteria to claim deduction under Section 80JJAA are as follows:
Also Read: Section 80CCC Of The Income Tax Act
There are these exceptions too that individuals need to know of:
For claiming deduction under Section 80JJAA, entities must identify their additional employees. They are individuals whose recruitment during the previous year has increased the total number of employees on the last date of that year. However, there are exclusions like the following:
Additional employee cost involves their total emolument, which is either paid or payable during the previous year by the company’s employer. However, the 80JJAA deduction will be considered nil in these cases:
Also Read: Deductions Under Section 80C Of The Income Tax Act
Emoluments refer to the sum paid by an employer to their employee in lieu of their service. However, there are certain exceptions in consideration.
One must keep in mind these points to claim tax deduction u/s 80JJAA of the Income Tax Act:
To claim deduction under Section 80JJAA, one needs to fill up form 10DA. However, remember it must have a signature of a Chartered Accountant in practice. Also, one must submit it electronically to the Income Tax Department.
The process of filing the form is given below:
Step 1: First, log in to the Income Tax Department e-filing portal.
Step 2: On the upper left side of their website, locate an e-file menu and click on Income Tax Forms under the drop-down list.
Step 3: Proceed with ‘Prepare and Submit Online Form (other than ITR).’
Step 4: Next, select the Assessment year and click on Form 10DA.
Step 5: Finally, after filling up the form tap on the ‘Continue’ option.
If you think you satisfy the above criteria and do not fall under any exceptions, then avail for the deduction under Section 80JJAA of the Income Tax Act. Also, make sure you do not forget to file Form 10DA to claim deductions successfully.
1. Is deduction under Section 80JJAA available in addition to deduction under Section 37(1)?
Yes, Section 80JJAA deduction is available in addition to Section 37(1) deduction. So the total percentage of deduction available for expenses incurred due to additional employees is 130%. This means deduction of expenditure (excluding costs covered under Section 30 and Section 36) for carrying on business or profession will be allowed.
2. For how many years can we claim deduction under Section 80JJAA?
Deduction under Section 80JJAA of the Income Tax Act amounting to 30% of the additional employee cost is available for three assessment years. It is only available if employers have recruited them in the previous year. However, their claim will be available as first, second, and third instalments.
3. Is there any maximum or threshold limit up to which individuals can claim deduction under section 80-JJAA?
There is no maximum limit up to which deduction amount can be claimed. However, the department has fixed its percentage at 30% of the employee cost. To claim this amount, you will have to download and fill out Form 10DA, then submit it to the Income Tax Department.
4. How to calculate additional employee cost and deduction u/s 80JJAA?
The additional employee cost is the total emolument paid or payable by an employer in the previous year. After multiplying the emoluments of the additional employees with the total number of additional employees, we can compute the deduction amount under Section 80JJAA.
Disclaimer: Mutual Fund investments are subject to market risks, read all scheme-related documents carefully.
This article has been prepared on the basis of internal data, publicly available information and other sources believed to be reliable. The information contained in this article is for general purposes only and not a complete disclosure of every material fact. It should not be construed as investment advice to any party. The article does not warrant the completeness or accuracy of the information, and disclaims all liabilities, losses and damages arising out of the use of this information. Readers shall be fully liable/responsible for any decision taken on the basis of this article.
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