All articles
Payroll

Salary structure in India for a foreign-owned subsidiary

Indian salary structures aren't just for accounting — they directly drive employee take-home, employer cost and statutory exposure. Here is how a foreign-owned subsidiary should design them in 2026.

May 13, 202610 min readBy FastLegal Payroll team

Indian employees parse offers in 'CTC' — Cost to Company. Inside that CTC is a structure that breaks down into Basic, HRA, allowances, perks, employer statutory contributions and gratuity provisions. The split materially affects what the employee takes home in cash, what the employer pays in PF and gratuity, and what tax both sides pay. Foreign-owned subsidiaries that get the structure right deliver better take-home for the same CTC.

The standard components

ComponentTypical % of CTCTaxable?Notes
Basic50%YesCode on Wages 2019 floor — must be ≥ 50% of CTC
HRA (House Rent Allowance)20-25%Partially exempt under Section 10(13A) old regime; fully taxable new regimeCap is the lower of: HRA received, rent − 10% of Basic, 50% of Basic in metros / 40% in non-metros
LTA (Leave Travel Allowance)1-2 months BasicExempt for actual travel twice in 4 years (old regime only)Useful for old-regime employees who travel
Special allowanceBalanceYesThe variable balance to total CTC
Food coupons / meals₹26,400/yrExempt up to ₹50/mealOld regime; new regime treats as taxable
Telecom / internet reimbursement₹18,000-30,000/yrExempt against billsTax-free perquisite under both regimes if against actual bills
Books and periodicals₹12,000-24,000/yrExempt against billsPerquisite valuation rule
Employer PF12% of BasicExempt at contributionWithdrawal/maturity taxation rules apply
Gratuity provision~4.81% of BasicExempt at receipt (up to ₹20L cap, 5+ years service)Provisioning is accounting only; payment is at exit
Health insurance₹50,000-1,00,000/yrNot taxable as perquisite under standard plansTreated as benefit, not salary
Performance variable0-20% of baseYesPaid quarterly or annually
ESOP / RSUEquityTaxable as perquisite at exercise (for ESOPs)Captured separately, not part of cash CTC

Code on Wages 2019 — the 50% floor

Effective FY 2026-27, the Code on Wages requires that 'wages' (Basic + DA + retaining allowance) be at least 50% of total CTC. Older structures with Basic at 30-40% are no longer compliant. Restructure now; the engine in FastLegal enforces this floor automatically.

Included in every FastLegal plan

Your consultant calibrates the structure per employee

FastLegal's payroll consultant calibrates the salary structure per employee — different employees have different tax-optimal mixes depending on their regime choice, rent paid, family size and investments. The structure that maximises take-home for a young single engineer differs from the one that's right for a senior employee with school-going kids. We model it; the offer letter ships in the right shape.

Worked example — ₹50L CTC senior engineer

Let's design a clean structure for a senior engineer earning ₹50L CTC in Bengaluru, paying ₹50k/month rent, opting for the new tax regime (default). Numbers in INR annual.

ComponentAmount (₹)Computation
Basic25,00,00050% of CTC (Code on Wages floor)
HRA12,50,00050% of Basic
Special allowance5,00,000Balance to keep cash + statutory at total CTC
LTA2,08,0001 month Basic
Telecom30,000Annual reimbursement
Food coupons26,400₹2,200/month × 12
Employer PF (12% Basic)3,00,000
Gratuity provision1,20,000~4.81% of Basic
Health insurance65,600Group floater
Total CTC50,00,000

Under the new regime, HRA, LTA and food coupons are taxable (new regime has very few deductions). Net pay still works out cleanly because the new regime's slabs are lower. Under the old regime, the structure would be tweaked to maximise HRA exemption (depending on rent paid) and 80C utilisation.

Old regime vs new regime considerations

The salary structure should be the same in shape regardless of regime — only the tax computation differs. Don't restructure the offer per regime; let the regime selection happen at the employee's declaration step and TDS adjusts accordingly. This keeps the structure stable and the CTC commitment unchanged.

Perquisites that work well

  • Telecom and internet — bills-based reimbursement, tax-free up to actual.
  • Books and periodicals — bills-based, tax-free.
  • Meal coupons — exempt up to ₹50/meal under old regime.
  • Health insurance for family — tax-free benefit.
  • Company-paid laptop / equipment — depreciation-based perquisite valuation (typically nominal taxable value).
  • Skill development / training — fully tax-deductible to employer, tax-free to employee.
  • Gym / wellness reimbursement — typically taxable but cheap; widely offered as a perk.

Structures to avoid

  • Basic below 50% — violates Code on Wages 2019. Will be rejected at the next inspection.
  • HRA above 50% of Basic in metros — exceeds the maximum exemption cap; the excess is taxable and adds no value to the employee.
  • Cash allowances above ₹3,200 per month for any single 'special purpose' allowance — IT department scrutinises these for being disguised salary.
  • Phantom 'medical reimbursement' — pre-2018 medical reimbursement of ₹15,000 was tax-free; no longer available. Subsumed into standard deduction.

Frequently asked questions

Should we offer the same structure to all employees?+

Same shape, calibrated amounts. Basic ratio stays at 50% across the board; absolute amounts scale with CTC. HRA exemption depends on each employee's actual rent, so HRA percentage can be the same but the tax exemption realises differently.

Can we offer signing bonus on top of CTC?+

Yes — signing bonus is usually outside the regular CTC, paid as a one-time taxable amount with TDS at the slab rate. Common structure: 1-3 months equivalent, paid on joining with a 12-24 month clawback if the employee exits early.

What about retention bonus / stay bonus?+

Common at senior levels. Structured as deferred bonuses payable on completing a service period (typically 24-36 months). Taxable as salary on payment. Often used to retain key engineers in a competitive market.

Does FastLegal provide structure templates?+

Yes — every workspace ships with the Code-on-Wages-2019 compliant template (50% Basic, full HRA, LTA, food, telecom, balance as special). Calibrated per state for PT slabs and other regional rules.

FastLegal Payroll · Done-for-you India payroll

Stop reading circulars. Start running clean payroll.

Every FastLegal plan ships with a dedicated payroll consultant — a real human who runs your PF, ESI, PT, TDS and Form 16 issuance, configured to your salary structure, your state, and your hiring plan. You sign off. We do the rest.

Free workspace · sign up in 60 seconds

Run your next payroll on FastLegal Payroll.

Create a workspace, bootstrap the standard Indian defaults (leave types, salary structure, holidays for two years), add your first employee, and run May payroll — all before your evening chai.

  • Workspace auto-bootstrapped on signup (leave types, salary structure, holidays)
  • PF / ESI / PT / TDS computed every run — every cycle
  • Employee + contractor portals included, no extra tier
  • No credit card needed