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Sixth Schedules.2(48), s.21(e); Sixth Schedule Parts I–III

Sixth Schedule – Provident, superannuation and gratuity funds

Sets the conditions for recognition and approval of employee funds, and the tax treatment of contributions and withdrawals.

Who it applies to

Employers running provident, superannuation or gratuity funds, and their employees

Structure and contents

Part / areaWhat it covers
Part IRecognised provident funds: recognition by the Commissioner; employer contribution not more than the employee's; employer contribution above one-tenth of salary or Rs 150,000 (whichever is lower) is taxable salary (rule 3); excess interest is taxable
Part IIApproved superannuation funds
Part IIIApproved gratuity funds

How it works in practice

Recognised funds are exempt (Second Schedule clause 57(3)). Payments to employees are exempt under clauses 22, 23 and 13 when the conditions are met. The employer gets a deduction only for contributions to recognised or approved funds (s.21(e)).

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