Here's the problem nobody explains clearly: PFRDA now lets you withdraw 80% of your NPS corpus as a lump sum, but the Income Tax Act only exempts 60% from tax. The extra 20% — between 60% and 80% — sits in a legal grey zone. As of June 2026, this mismatch has not been resolved. If you withdraw the full 80%, the additional 20% may be taxable at your slab rate. This article breaks down exactly what's taxed, what's exempt, and what's unclear.
The Core Mismatch
| PFRDA Rules (Dec 2025) | Income Tax Act | |
|---|---|---|
| Max lump sum allowed | 80% of corpus | — |
| Tax-free lump sum | — | 60% of corpus (Section 10(12A) / Schedule II, Section 124 of IT Act 2025) |
| The gap | — | 20% of corpus — no explicit exemption |
PFRDA is the pension regulator. It decides how much you can withdraw. The Income Tax Act decides how much of that withdrawal is tax-free. These two haven't been synchronized.
Source:Financial Express — "NPS subscribers can now withdraw up to 80% of their retirement corpus as a lump sum, but the income tax law still exempts only 60%."
Source:The Hindu Business Line — "As per Schedule II read with Section 124 of the Income-tax Act 2025, up to 60% of the total NPS corpus withdrawn at the time of exit is exempt from tax."
Tax Treatment: Component by Component
At the Time of Exit (Normal Exit at 60 or After 15 Years)
| Component | Tax Treatment | Legal Basis |
|---|---|---|
| Lump sum up to 60% of corpus | Tax-free | Section 10(12A) / IT Act 2025 Schedule II, Section 124 |
| Lump sum between 60-80% of corpus | Likely taxable at slab rate | No explicit exemption in IT Act |
| Amount used to purchase annuity (20% or 40%) | Tax-free at time of purchase | Section 80CCD(5) |
| Monthly pension from annuity | Fully taxable at slab rate | Treated as income from other sources |
Partial Withdrawal (While Still Invested)
| Component | Tax Treatment |
|---|---|
| Partial withdrawal amount | Tax-free |
Premature Exit
| Component | Tax Treatment |
|---|---|
| Lump sum (20% of corpus if >₹5L) | Tax-free (within 60% overall exemption) |
| Annuity purchase (80% if >₹5L) | Tax-free at purchase; pension income taxable |
Death of Subscriber
| Component | Tax Treatment |
|---|---|
| Entire corpus paid to nominee | Tax-free |
The 60% vs 80% Problem: What Should You Do?
Scenario: ₹1 Crore Corpus, Non-Government Subscriber
| Component | Amount | Tax Status |
|---|---|---|
| Total corpus | ₹1,00,00,000 | — |
| Lump sum withdrawn (80%) | ₹80,00,000 | — |
| Tax-free portion (60% of total corpus) | ₹60,00,000 | Exempt |
| Potentially taxable portion (80% − 60%) | ₹20,00,000 | May be taxed at slab rate |
| Annuity purchase (20%) | ₹20,00,000 | Tax-free at purchase |
If the ₹20 lakh is taxed at the 30% slab:
- Tax liability: ₹20,00,000 × 30% = ₹6,00,000
- Plus cess (4%): ₹24,000
- Total tax: ₹6,24,000
If you had withdrawn only 60% (₹60 lakh) and put 40% in annuity:
- Tax: ₹0 on lump sum
- But you lose access to ₹20 lakh that goes into a low-return annuity
The Trade-Off
| Option | Lump Sum | Tax | Annuity Lock-in |
|---|---|---|---|
| Withdraw 60%, annuity 40% | ₹60 lakh | ₹0 | ₹40 lakh locked at 5-6% |
| Withdraw 80%, annuity 20% | ₹80 lakh | ~₹6.24 lakh on the extra ₹20L | ₹20 lakh locked at 5-6% |
Net benefit of withdrawing 80%: You get ₹20 lakh extra in hand (minus ~₹6.24 lakh tax = ₹13.76 lakh net). That ₹13.76 lakh invested at 10% grows to ₹35.7 lakh in 10 years. Meanwhile, ₹20 lakh in annuity at 6% gives you ₹1.2 lakh/year (₹12 lakh over 10 years, fully taxable).
Conclusion: Even with the tax hit, withdrawing 80% and investing the extra amount yourself is likely better than leaving it in a low-return annuity — unless you're in a very low tax bracket or need guaranteed income.
Will the Law Be Amended?
Multiple experts and publications have flagged this mismatch. The expectation is that the government will amend the Income Tax Act to align the exemption with PFRDA's 80% rule. However:
- Budget 2026 (February 2026) did not address this
- No amendment has been notified as of June 2026
- The mismatch persists
Practical advice: If you're exiting NPS now, consult a tax professional. Some CAs argue the 60% exemption applies to the "corpus withdrawn" (i.e., 60% of whatever you withdraw), while others read it as 60% of the total accumulated corpus. The interpretation matters.
Annuity Income: The Hidden Tax Burden
This is the part most people miss when evaluating NPS returns.
The monthly pension you receive from the annuity is fully taxable as income. Not just the gains — the entire pension amount, including the portion that represents return of your own capital.
Example: ₹20 Lakh Annuity at 6%
| Year | Annual Pension | Tax (30% slab + cess) | Net in Hand |
|---|---|---|---|
| 1 | ₹1,20,000 | ₹37,440 | ₹82,560 |
| 5 | ₹1,20,000 | ₹37,440 | ₹82,560 |
| 10 | ₹1,20,000 | ₹37,440 | ₹82,560 |
| 20 | ₹1,20,000 | ₹37,440 | ₹82,560 |
Post-tax return on annuity: ~4.1% (at 30% bracket). Compare this to a debt mutual fund yielding 7% with LTCG at 12.5% — post-tax return of ~6.1%.
The annuity's effective return after tax is lower than most alternatives. This is why the reduction from 40% to 20% mandatory annuity was such a significant improvement.
Tax on RIS Payouts
The tax treatment of payouts from the Retirement Income Scheme (RIS) is not explicitly clarified in the PFRDA circular or the Income Tax Act. Here's what we know:
| Aspect | Likely Treatment |
|---|---|
| RIS payouts within 60% of original corpus | Likely tax-free (covered under Section 10(12A)) |
| RIS payouts beyond 60% of original corpus | Likely taxable at slab rate |
| Capital gains within RIS | Not separately taxed (NPS is EEE up to 60%) |
The ambiguity: Since RIS payouts are spread over 25 years, it's unclear whether the 60% exemption is calculated on the original corpus at exit or on the total amount withdrawn over time (which includes market gains). This hasn't been tested or clarified.
Practical approach: Track your total withdrawals against 60% of your corpus at the time of exit. Once cumulative withdrawals exceed that threshold, the excess is likely taxable.
Tax During Accumulation Phase (For Context)
| Contribution Type | Old Tax Regime | New Tax Regime |
|---|---|---|
| Own contribution — Section 80CCD(1) | Deductible up to 10% of salary (within ₹1.5L 80C limit) | Not available |
| Additional ₹50K — Section 80CCD(1B) | Deductible (over and above ₹1.5L) | Not available |
| Employer contribution — Section 80CCD(2) | Deductible up to 14% of basic + DA | Deductible up to 14% of basic + DA |
The employer contribution deduction (80CCD(2)) is the only NPS tax benefit that works in the new tax regime. This is why corporate NPS remains relevant even after the regime shift.
Summary: NPS Tax Treatment at a Glance
| Event | What's Taxed | What's Exempt |
|---|---|---|
| Contribution | Nothing (if within limits) | Deductions under 80CCD(1), (1B), (2) |
| Corpus growth | Nothing (tax-deferred) | Gains accumulate tax-free |
| Lump sum at exit (up to 60%) | Nothing | Fully exempt |
| Lump sum 60-80% | Likely taxable at slab | No explicit exemption |
| Annuity purchase | Nothing | Exempt at time of purchase |
| Annuity income (monthly pension) | Fully taxable at slab | Nothing |
| Partial withdrawal | Nothing | Fully exempt |
| Death — payout to nominee | Nothing | Fully exempt |
NPS follows an EET (Exempt-Exempt-Taxed) model — contributions are exempt, growth is exempt, but withdrawals are partially taxed. The "partially" is doing a lot of work here — 60% is truly exempt, but the annuity income and the 60-80% gap create ongoing tax liability.
Key Takeaways
- 60% of corpus is tax-free on withdrawal. This is clear and settled.
- The extra 20% (between 60-80%) has no explicit tax exemption. Budget 2026 didn't fix this. Plan for potential tax.
- Annuity income is fully taxable — not just gains, the entire pension amount. Post-tax annuity returns are ~4% at the 30% bracket.
- Even with tax on the extra 20%, withdrawing 80% is usually better than leaving more in annuity — the math favors taking the money and investing it yourself.
- RIS payout taxation is ambiguous. Track cumulative withdrawals against 60% of your exit corpus.
- Partial withdrawals are tax-free. No ambiguity here.
- Employer NPS contribution (80CCD(2)) is the only deduction that works in the new regime.
Related articles:
- NPS Withdrawal Rules 2026: Everything That Changed
- NPS Exit at 60: How Much Can You Withdraw?
- NPS Premature Exit Before 60: The Rules Nobody Warns You About
- NPS Retirement Income Scheme (RIS) Explained
- NPS Partial Withdrawal Rules
Sources: Income Tax Act Section 10(12A) / IT Act 2025 Schedule II Section 124, PFRDA (Exits and Withdrawals) Amendment Regulations 2025, Financial Express, The Hindu Business Line, ABP Live, Times of India.
Disclaimer: Tax laws are subject to change. The 60% vs 80% mismatch may be resolved by future amendments. Consult a chartered accountant for advice specific to your situation. This is not tax advice.
Run these numbers on your finances
Arth looks at your full picture and tells you what actually matters.
Try Arth →