Taxation of Stipend Income has been a matter of much debate. In
the Income Tax Act from a purely factual standpoint there is no mention of
‘stipend’.
‘Salary’ received
by an ‘employee’ is taxable in the hands of the employee. Under Section 17(1) –
Wages, pension, gratuity, fees or commission or profits in lieu of salary,
advance salary, payment for leaves standing to the credit of the employee –
have all been included under the definition of salary. It is evident when a
salary is paid an employer-employee relationship must exist.
The Income
Tax Act has further laid down that ‘scholarship
granted to meet the cost of education’ is exempt from Income Tax under the
section 10(16).
Now the
question arises should we consider Stipend as ‘Salary’ or as ‘Scholarship’.
For this we
must review the terms
under which such Stipend is paid– when Stipend is paid to
further a person’s education, we need to test whether it qualifies as a
Scholarship. The person may exhaust this money fully or may end up saving some
of it – as long as this has been paid purely in pursuit of a person’s education
and is in the nature of a scholarship it shall be exempt. This will have no
relation to the position of the person. Usually, Articles pursuing CA may earn stipend,
or a professor may receive stipend for carrying on research work. The purpose
of such payment is of importance here – and not the value or the way it has
been spent. Research fellowships, grants received from universities may all be
exempt when their nature is to support further education.
When Doctors
receive Stipend at hospitals – Usually doctors earn stipend
as they pursue a higher degree at a hospital. Such work by the doctor is
similar in nature to that of a full time employee. The doctor is gaining
experience from such work and performing duties like regular doctors – in such
cases stipend of a doctor shall be fully taxable.
MBA
graduates or engineering graduates receive stipend by pursuing internship at a
company – Students pursuing MBA often end up carrying on internship
at corporate. Some companies offer accommodation also. The stipend letter may
or may not include a break up like a salary letter does. And even though it may
or may not be similar to the employment letter offered to a full time employee,
if this payment is made for you to gather an experience and perform services
similar to an employee, such stipend income shall be taxable.
TDS on
Stipend – Some companies may not deduct tax on stipend; it may still
be taxable in your hands, depending upon the nature of the terms or such
payment.
If the payer
has already deducted tax and issued you a form 16 this shall be taxed under the
head Salaries otherwise this is usually taxed under the head Income from Other
Sources.
Do note that
if you are earning a Stipend which is taxable, no deduction is allowed for any
expenses that you have incurred to earn the stipend. You can save tax
through Section 80 Deductions.
Filing an
Income Tax Return – You must
file an Income Tax Return if your gross total income (income before
deductions) from all sources (including stipend) is more than the minimum
income which is exempt (Rs 2,50,000 for FY 2014-15). The last for filing
returns for the said financial year is August 31st 2015.
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