Leave Encashment Tax 2026: ₹25 Lakh Exemption, Formula & Examples

Updated September 2026: Leave encashment tax treatment depends on whether it is received during service or at retirement/resignation and whether the employee is Government or non-Government. The current specified ceiling for eligible non-Government retirement/resignation exemption is ₹25 lakh, subject to the statutory calculation.

Tax treatment

SituationGeneral treatment
During serviceGenerally taxable as salary
Eligible Government employee at retirementEligible amount fully exempt
Non-Government employee at retirement/resignationExemption limited by least-of-four calculation

Non-Government exemption formula

The exempt amount is the least of actual leave encashment, eligible unutilised-leave cash equivalent, 10 months' prescribed average salary, or ₹25 lakh reduced by earlier exemption already claimed where applicable.

30-day restriction

For the exemption calculation, earned-leave entitlement is generally restricted to 30 days for each completed year of service even if the employer's HR policy is more generous.

Example

If actual receipt is ₹12 lakh, eligible leave value ₹10 lakh, 10-month average salary ₹9 lakh and the available monetary ceiling is ₹25 lakh, the least amount is ₹9 lakh. The remaining ₹3 lakh is taxable, subject to the final computation.

Payroll checklist

  1. Identify service vs retirement/resignation payment.
  2. Confirm Government/non-Government status.
  3. Obtain leave ledger and completed service years.
  4. Apply the 30-day rule.
  5. Calculate prescribed average salary.
  6. Check earlier exemption claims.
  7. Apply the least-of-four test and document it.

Frequently asked questions

Is ₹25 lakh available for every employer separately?

No. Earlier exemption claims can reduce the available overall ceiling.

Is leave encashment during service exempt?

Generally no; it is normally taxable as salary, though applicable relief provisions may separately be considered.

Is private-sector retirement leave encashment fully exempt?

No. The least-of-four calculation applies to eligible non-Government employees.

Can I use gross CTC as average salary?

No. Use the prescribed salary components for the statutory calculation.

Last reviewed: September 2026.

More Frequently Asked Questions

What should I know about Tax treatment?

Situation General treatment During service Generally taxable as salary Eligible Government employee at retirement Eligible amount fully exempt Non-Government employee at retirement/resignation Exemption limited by least-of-four calculation

What should I know about Non-Government exemption formula?

The exempt amount is the least of actual leave encashment, eligible unutilised-leave cash equivalent, 10 months' prescribed average salary, or ₹25 lakh reduced by earlier exemption already claimed where applicable.

What should I know about 30-day restriction?

For the exemption calculation, earned-leave entitlement is generally restricted to 30 days for each completed year of service even if the employer's HR policy is more generous.

What should I know about Example?

If actual receipt is ₹12 lakh, eligible leave value ₹10 lakh, 10-month average salary ₹9 lakh and the available monetary ceiling is ₹25 lakh, the least amount is ₹9 lakh. The remaining ₹3 lakh is taxable, subject to the final computation.

What should I know about Payroll checklist?

Identify service vs retirement/resignation payment. Confirm Government/non-Government status. Obtain leave ledger and completed service years. Apply the 30-day rule. Calculate prescribed average salary. Check earlier exemption claims. Apply the least-of-four test and document it.

More Frequently Asked Questions