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Retirement

Your VRS payout and leave encashment on leaving Indian employment

You are leaving your Indian job to move abroad, with a voluntary-retirement payout or a leave-encashment cheque, and you want to know how much of it is taxed.

As you wind up your Indian employment to move abroad, the final settlement includes a lump sum, a voluntary-retirement payout, the encashment of your accumulated leave, or both. It is a large number, and you are not sure how much of it India will tax, especially as you are on your way to becoming an NRI. Both of these have specific exemptions that shelter a chunk of the money, and they apply even once you have moved.
Last reviewed: 26 July 20267 min readReviewed by Preetesh Maloo, CA

The short answer

Voluntary-retirement compensation is exempt up to ₹5 lakh under Section 10(10C), once in your lifetime, provided the scheme meets the prescribed conditions, and you cannot also claim Section 89 relief on the same amount. Leave encashment on leaving is exempt up to ₹25 lakh for a non-government employee, a limit raised from ₹3 lakh in 2023, or fully exempt for a government employee, with the exempt figure being the least of four measures. These are salary exemptions that apply whether or not you have already become a non-resident in the year you receive the money, because it is Indian-source salary, and only the taxable remainder is then a treaty question.

References on this page

  • Section 10(10C): voluntary-retirement compensation exempt up to ₹5 lakh (Rule 2BA conditions), once per lifetime
  • Section 10(10AA): leave encashment exempt up to ₹25 lakh for a non-government employee (₹3 lakh before 1 Apr 2023), fully exempt for government
  • Section 89: relief cannot be combined with the Section 10(10C) exemption on the same amount
  • Indian-source salary is taxable in India even if received abroad; the exemptions apply regardless of NRI status

The VRS exemption, and its conditions

If you take voluntary retirement or voluntary separation, Section 10(10C) exempts the compensation up to ₹5 lakh. The scheme has to meet prescribed conditions, broadly that you have completed 10 years of service or are 40 or older, that it applies across the workforce and results in a genuine reduction in headcount, and that the post is not filled and you are not re-employed in a group company.

Two limits are worth knowing. The ₹5 lakh exemption is a once-in-a-lifetime relief, so you cannot claim it again at a later employer. And you cannot take both the Section 10(10C) exemption and Section 89 spreading relief on the same compensation; you choose whichever leaves you better off. A practising CA runs both computations to see which serves you.

Leave encashment, and the higher limit

The encashment of your accumulated leave when you leave is exempt under Section 10(10AA). For a government employee it is fully exempt with no cap. For a non-government employee it is exempt up to a ceiling that was raised from ₹3 lakh, unchanged since 2002, to ₹25 lakh from 1 April 2023, a change that made a large difference to senior private-sector employees leaving with years of unused leave.

Within that ceiling, the actual exemption is the least of four figures: the ₹25 lakh limit, the leave encashment you actually received, ten months of your average salary, and the cash value of your unused leave counted at a maximum of 30 days per completed year of service. The ₹25 lakh is a lifetime aggregate across all employers, so past exemptions eat into it.

These work even once you are an NRI

A common worry is that becoming a non-resident changes or removes these exemptions. It does not. Both are exemptions on salary income, and salary for service rendered in India is Indian-source income, taxable in India even if it is paid to you after you have moved abroad. So whether you are still resident in the year you receive the payout or have already become non-resident, the same Section 10(10C) and Section 10(10AA) exemptions apply first, and only the amount above them is taxable.

On that taxable remainder, if any, whether your new country also taxes it and gives credit for the Indian tax is a separate treaty question that depends on where you have moved. A practising CA applies the exemptions, computes the taxable balance, and lines it up with your residential status for the year so the final settlement is taxed correctly and not more than it should be.

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What's involved

What the CA actually does

  1. 1

    We apply the VRS exemption the best way

    We check the scheme against the conditions, apply the ₹5 lakh Section 10(10C) exemption, and compare it against Section 89 relief so you take whichever leaves you better off.

  2. 2

    We maximise the leave-encashment exemption

    We compute the least-of-four figure under the ₹25 lakh limit so the largest defensible part of your leave encashment is exempt.

  3. 3

    We fix your residential status for the year

    We work out whether you are resident or non-resident in the year of receipt and apply the exemptions correctly either way, so the payout is not over-taxed.

  4. 4

    We handle the treaty side

    On any taxable remainder we map how your new country treats it and the credit for the Indian tax, so you are not taxed twice.

What to have ready

Documents you'll typically need

  • The VRS or separation scheme document and your compensation letter
  • The leave-encashment computation from your employer
  • Your service record and salary details
  • Your travel and residency details for the year of receipt

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next — how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 31 countries.

Frequently asked questions

Common questions

Leaving your Indian job with a VRS or leave payout?

Send us the settlement figures and your move date. A practising CA will maximise the exemptions on a free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.