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Direct Tax

Pension and Superannuation Taxation Under ITA 2025: Government, NPS & Family Pension

VS Vikas Sharma 📅 March 26, 2026 ⏱️ 3 min read 👁️ 0 views
Legal Reference
Section 17(1)(ii) (pension as salary), Schedule II (commuted pension exemption), Section 57 (family pension deduction Rs 15K), NPS pension annuity taxable, EPF pension EPS taxable, ITA 2025

1. Pension: Multiple Forms, Different Tax Treatment

Pension income arises from multiple sources for retired individuals — government pension, private company pension, NPS annuity, EPF pension (EPS), LIC annuity, family pension from deceased spouse employer, and SCSS/PMVVY payments (interest). Each has different tax treatment under ITA 2025. Understanding the distinctions is essential for retirement tax planning.

2. Government Pension: Salary Treatment

Pension received by government employees (central and state) from the government is treated as salary income under Section 17(1)(ii) of ITA 2025:

  • Standard deduction Rs 75,000 applies (both old and new regimes)
  • No TDS is deducted by government treasury at source — pensioner pays via advance tax or self-assessment
  • Commuted pension (lump sum at retirement): fully exempt for government employees — no limit
  • Uncommuted pension (regular monthly): taxable as salary after standard deduction

3. Non-Government Pension: Partially Exempt

Pension from private employers, insurance companies, or pension funds:

  • Commuted pension from an approved pension fund: exempt — 1/3 if employee also receives gratuity; 1/2 if no gratuity
  • Commuted pension from non-approved sources (direct company pension): fully taxable
  • Uncommuted pension (monthly): fully taxable as salary — standard deduction Rs 75,000 applies

4. NPS Annuity: Taxable as Salary

NPS provides two components at retirement:

  • 60% lump sum: fully exempt from income tax under Schedule II
  • 40% annuity (monthly pension): taxable as salary income at slab rate when received
  • NPS pension is reported under "Pension" in the salary head of ITR; standard deduction Rs 75,000 is available
  • Nominate beneficiaries carefully — NPS corpus paid to nominee on death is exempt

5. EPFO Pension (EPS): Taxable

EPS (Employee Pension Scheme) monthly pension received by an EPF member after retirement is taxable as salary income. The pension from EPFO is modest (maximum Rs 7,500/month currently) but is taxable. Standard deduction Rs 75,000 is available. Unlike EPF maturity (which is exempt after 5 years service), EPS monthly pension is taxable.

6. Annuity from LIC or Insurance Company

Annuities purchased from insurance companies (immediate annuity plans, NPS annuity service providers) are taxable as salary income when received. The premium paid to purchase the annuity is NOT deductible at the time of purchase (unless it was from NPS funds where the lump sum withdrawal already exhausted the tax position). Standard deduction Rs 75,000 applies to annuity income.

7. Family Pension: Other Sources

Family pension received by legal heirs of a deceased employee is NOT salary — it is income from other sources. Deduction: Rs 15,000 or 1/3 of family pension — whichever is lower. After this deduction, balance is taxable at slab rate. No standard deduction Rs 75,000 is available for family pension — only the specific Rs 15,000/one-third provision applies.

8. Pension and New Regime

Under the new tax regime, pension from former employer is still treated as salary — standard deduction Rs 75,000 applies. No HRA or other salary deductions. NPS lump sum (60%) is still exempt. NPS annuity remains taxable. For senior citizens with modest pension and interest income, the new regime may provide simpler compliance with similar or lower tax.

9. ITR for Pensioners

  • Pension from government or private employer: ITR-1 (if no other income except one HP and other sources)
  • Pension + FD interest + mutual fund gains: ITR-2
  • Pension + business/profession income: ITR-3
  • Family pension: Schedule OS in ITR-1/2/3 depending on other income

10. Why TaxClue

Pensioner taxation — distinguishing government vs non-government pension, NPS lump sum vs annuity, family pension vs pension — requires careful categorisation. TaxClue ensures pensioners claim the correct treatment and file accurate ITR. Contact us under ITA 2025.

Disclaimer
This article is for general informational and educational purposes only. It does not constitute legal, financial, or professional tax advice. Readers are advised to consult a qualified Chartered Accountant or tax professional before making any decisions. TaxClue Consultech Pvt Ltd accepts no liability. All case studies and examples in this article are illustrative only and do not represent actual persons or transactions.

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❓ Frequently Asked Questions
Is government pension taxable?
Yes. Regular monthly pension from the government (uncommuted pension) is taxable as salary income under ITA 2025. The standard deduction of Rs 75,000 applies. Commuted pension (one-time lump sum at retirement) from government is fully exempt — no limit. Uncommuted government pension after the standard deduction is taxed at slab rates. Government pensioners can also claim Chapter VIII deductions (Section 123, health insurance etc.) under the old regime.
How is NPS treated at retirement?
At NPS maturity (age 60), 60% of corpus withdrawn as lump sum is fully exempt from income tax. The remaining 40% must mandatorily be used to purchase an annuity (monthly pension from an insurance company). This annuity is taxable as salary income at slab rates in the year received. The 60% exemption means only the income stream (annuity) is taxed — not the underlying corpus. Standard deduction Rs 75,000 applies to NPS annuity income.
What is family pension?
Family pension is the monthly pension received by legal heirs (widow, children, parents) of a deceased employee from the employer — continuing after the employee death. Unlike regular pension (salary), family pension is taxable as income from other sources. A deduction of Rs 15,000 or one-third of family pension — whichever is lower — is allowed. No standard deduction Rs 75,000 is available. The balance after this deduction is taxed at the heir slab rate.
Is EPF pension (EPS) taxable?
Yes. EPS (Employee Pension Scheme) monthly pension received by EPF members on retirement is taxable as salary income. Standard deduction Rs 75,000 is available. This is different from EPF maturity corpus — which is fully exempt after 5 years of service. The EPS pension (currently up to Rs 7,500/month) is modest but taxable. Pensioners with only EPS pension and modest FD income may be within the basic exemption limit and pay no tax.
Which ITR form should a pensioner file?
Pensioners with only pension income (single employer source) and FD interest: ITR-1 (if income below Rs 50L, no capital gains). Pensioners with mutual fund capital gains or multiple properties: ITR-2. Pensioners with any business income: ITR-3. Most government retirees receiving pension from treasury with some FD interest: ITR-1. Family pension recipients: depends on total income profile — ITR-1 or ITR-2.

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