Is employee swag taxable in India?

There are two thresholds, they answer different questions, and they get confused constantly. One of them changed on 1 April 2026 and most published guidance has not caught up.

Income tax, on the employee
₹15,000

Aggregate value of gifts in kind in the tax year treated as nil. Raised from ₹5,000 on 1 April 2026.

GST, on the company
₹50,000

Per employee per financial year, below which a gift is not treated as a supply at all.

The positions, with the instruments

Where a point is unsettled it is marked unsettled. That is more useful than a confident answer you cannot rely on.

The income-tax threshold on gifts in kind is ₹15,000, and it changed on 1 April 2026

Under the Income-tax Act 2025 and the Income-tax Rules 2026, the perquisite value of a gift, voucher or token from an employer is treated as nil where the aggregate value does not exceed ₹15,000 in the tax year, with effect from tax year 2026-27. The old figure, under Rule 3(7)(iv) of the 1962 Rules, was ₹5,000, and most of the internet, search engines included, is still quoting it.

KPMG Global Mobility Services, Flash Alert 2026-081, 30 March 2026

Unsettled. Sources genuinely disagree on whether crossing the threshold makes only the excess taxable or the whole amount. The rule text supports the whole amount, commentary mostly says the excess. Ask your own advisor before you set a budget on the strength of it. Cash and cash-convertible gifts get no exemption at all.

The GST threshold is a different number, ₹50,000, and a different test

Entry 2 of Schedule I to the CGST Act 2017 provides that gifts not exceeding fifty thousand rupees in value in a financial year from an employer to an employee are not treated as a supply. Above that, the employer accounts for GST. It is per employee per financial year, and it has nothing to do with the employee’s income-tax position.

Schedule I, CGST Act 2017, entry 2 proviso

Input tax credit on goods given as gifts is blocked

Section 17(5)(h) of the CGST Act blocks input tax credit on goods disposed of by way of gift or free sample, and CBIC Circular No. 92/11/2019-GST of 7 March 2019 confirms it. In practice that makes the GST on merchandise bought as a gift a real cost rather than a recoverable one, which is usually the larger number in the decision.

CBIC Circular No. 92/11/2019-GST, 7 March 2019

Unsettled. Whether merchandise supplied under a contractual employment benefit is a “gift” for this purpose is a live professional debate, not settled law. It is the single question worth putting to your CA before the programme is designed, because the answer changes the cost.

A voucher is not itself a supply

CBIC Circular No. 243/37/2024-GST of 31 December 2024 clarifies that a voucher is an instrument creating an obligation to accept it as consideration, so it is neither a supply of goods nor of services. Trading vouchers principal to principal is not leviable to GST, unredeemed vouchers attract none because there is no supply, and commission earned by an agent distributing them is taxable.

CBIC Circular No. 243/37/2024-GST, 31 December 2024

Unsettled. A store balance funded by an employer is most likely an internal credit rather than a section 2(118) voucher, which would put the taxable event on the goods at redemption. That is a reading of the circular, not a ruling on this fact pattern.

GST on apparel changed on 22 September 2025

Following the 56th GST Council meeting, apparel and clothing accessories are taxed at 5% up to ₹2,500 per piece and 18% above it, replacing the old 5% and 12% split at ₹1,000. It sets the price architecture of any branded-apparel store: the piece that crosses ₹2,500 carries more than three times the tax rate of the one below it.

GST Council press release, 56th meeting, September 2025

Adalwin Commerce is a merchandise company, not a tax adviser. This page summarises published material, current as at 12 September 2026, with links so you can read the instruments yourself. It is not tax advice, and your own chartered accountant should sign off any programme before it is funded.

Frequently asked questions

Is company swag taxable to employees in India?+

Gifts in kind from an employer are treated as having nil perquisite value up to an aggregate of ₹15,000 in the tax year. That figure replaced the long-standing ₹5,000 under Rule 3(7)(iv) of the Income-tax Rules 1962 with effect from 1 April 2026, under the Income-tax Act 2025 and the Rules made under it. Most published guidance, and most search results, still quote ₹5,000. Cash and anything convertible to cash, gift cheques included, gets no exemption and is taxable from the first rupee.

What is the ₹50,000 limit then?+

A different tax answering a different question. Entry 2 of Schedule I to the CGST Act 2017 provides that gifts not exceeding ₹50,000 in value in a financial year by an employer to an employee are not treated as a supply, so no GST arises on them. Above that, the employer accounts for GST on the excess. It is the company’s GST position, not the employee’s income-tax position, and the two thresholds do not interact.

If we cross ₹15,000, is the whole amount taxable or just the excess?+

Genuinely contested. The literal construction of the rule, which says the value of the perquisite shall be taken as nil where the aggregate value does not exceed the threshold, points to the whole amount becoming taxable once you cross it. Most commentary says only the excess. We are not going to pick a side for you: it is the single question worth putting to your own advisor before the budget is set, because the answer changes the number.

Can we claim input tax credit on branded merchandise given to employees?+

Section 17(5)(h) of the CGST Act blocks input tax credit on goods disposed of by way of gift or free sample, and CBIC Circular No. 92/11/2019-GST confirms it. So GST on merchandise bought as a gift is usually a real cost rather than a recoverable one. Whether merchandise supplied under a contractual employment benefit is a gift for this purpose is a live professional debate rather than settled law, and it is the point at which how the programme is structured starts to matter commercially.

How are store credits treated?+

CBIC Circular No. 243/37/2024-GST of 31 December 2024 holds that a voucher is an instrument creating an obligation to accept it as consideration, and is therefore neither a supply of goods nor of services: trading them principal to principal is not leviable to GST, and unredeemed vouchers attract none because there is no supply. A store balance funded by an employer is most likely an internal credit rather than a section 2(118) voucher, which would put the taxable event on the goods at redemption, invoiced with GST. That is a reading of the circular applied to a fact pattern it does not address, not a ruling.

What GST rate applies to branded apparel?+

Since 22 September 2025, following the 56th GST Council meeting, apparel and clothing accessories are taxed at 5% up to ₹2,500 per piece and 18% above that, replacing the old 5% and 12% split at ₹1,000. It matters more than it sounds: the jacket that crosses ₹2,500 carries more than three times the tax rate of the hoodie below it, which is worth knowing before a catalogue is priced.

Does any of this change if merchandise is imported?+

Yes, and for the worse. Importing goods into India as gifts is prohibited under DGFT Notification 35/2015-2020, the full-duty gift route runs to 53.60% of CIF value, and the recipient files KYC and a Power of Attorney with the carrier. We have set that out separately, with the customs documents.

Designing a programme around these numbers

Tell us your headcount and what you want to fund per head. We will show you what the same budget buys on a GST invoice, and where the thresholds start to bite.

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