Taxability of Pension: A Complete Guide

Taxability of Pension A Complete Guide

Pension income is subject to taxation, but the treatment varies based on the type of pension, the country’s tax laws, and whether the pension is received periodically or as a lump sum. Below is a comprehensive guide on pension taxability:

(A) Government & Private Sector Pensions

Periodic Pension (Annuity-based Pension):

  • This is a regular income received after retirement.
  • Fully taxable as salary income in the hands of the recipient.
  • Taxed under the head “Income from Salaries” or “Income from Other Sources” depending on the nature of the pension.
  • Standard deductions on pension income may apply (in some countries).

Commuted Pension (Lump Sum Pension):

  • If part of the pension is taken as a lump sum at retirement, the taxation varies:
    • Government Employees: Fully exempt from tax.
    • Private Employees:
      • If gratuity is received: 1/3rd of the pension is exempt, and the remaining is taxable.
      • If gratuity is not received: 1/2 of the pension is exempt, and the remaining is taxable.
(B) Family Pension (Received by Dependents of Deceased Employee)
  • If the pension is received by the spouse/children after the pensioner’s death, it is not considered salary income.
  • Taxed under “Income from Other Sources.”
  • Exemption Available:
    • A deduction of ₹15,000 or 1/3rd of the pension received (whichever is lower) is allowed under most tax laws.
(A) Pension Received by a Resident Taxpayer
  • Fully taxable as salary income.
  • Standard deduction and slab rates apply.
  • If commuted, part of it may be exempt.
(B) Pension Received by an NRI (Non-Resident Individual)
  • If received from an Indian source, it is taxable in India.
  • Tax treatment in the resident country depends on the DTAA (Double Taxation Avoidance Agreement).
(C) Employer Contribution-Based Pension Plans (e.g., NPS, EPF, Superannuation)
  • If an employee contributes, only the self-contributed portion is tax-free.
  • Employer’s contribution and interest on pension accumulation may be taxable.
  • NPS withdrawal:
    • 60% of the corpus is tax-free at retirement.
    • 40% must be used to buy an annuity, which is taxable as pension income.
Type of PensionTax Treatment
Government Pension (Uncommuted)Fully Taxable
Government Pension (Commuted)Fully Exempt
Private Pension (Uncommuted)Fully Taxable
Private Pension (Commuted, with gratuity)1/3rd Exempt, Rest Taxable
Private Pension (Commuted, without gratuity)1/2 Exempt, Rest Taxable
Family PensionTaxable under “Other Sources” (₹15,000 or 1/3rd deduction available)
  • Standard Deduction of ₹50,000 (India): Pensioners can claim this deduction just like salaried individuals.
  • Senior Citizen Benefits: Higher exemption limits and additional deductions are available for pensioners above 60 years.
  • TDS on Pension: Banks deduct TDS on pension exceeding the taxable limit, but filing a return can help claim a refund.
  • Pension from Foreign Countries: May be taxed in India, but DTAA relief may be available.

Would you like specific guidance based on a particular country or situation?