All posts 8 min read · 26 May 2026

NPS Withdrawal Tax Rules 2026: The 60% vs 80% Problem

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 allowed80% of corpus
Tax-free lump sum60% of corpus (Section 10(12A) / Schedule II, Section 124 of IT Act 2025)
The gap20% 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Business Line — "As per Schedule II read with Section 124 of the Income-tax Act 2025, up to 60% of the total NPS corpus withdrawn at the time of exit is exempt from tax."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)

ComponentTax TreatmentLegal Basis
Lump sum up to 60% of corpusTax-freeSection 10(12A) / IT Act 2025 Schedule II, Section 124
Lump sum between 60-80% of corpusLikely taxable at slab rateNo explicit exemption in IT Act
Amount used to purchase annuity (20% or 40%)Tax-free at time of purchaseSection 80CCD(5)
Monthly pension from annuityFully taxable at slab rateTreated as income from other sources

Partial Withdrawal (While Still Invested)

ComponentTax Treatment
Partial withdrawal amountTax-free

Premature Exit

ComponentTax 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

ComponentTax Treatment
Entire corpus paid to nomineeTax-free

The 60% vs 80% Problem: What Should You Do?

Scenario: ₹1 Crore Corpus, Non-Government Subscriber

ComponentAmountTax Status
Total corpus₹1,00,00,000
Lump sum withdrawn (80%)₹80,00,000
Tax-free portion (60% of total corpus)₹60,00,000Exempt
Potentially taxable portion (80% − 60%)₹20,00,000May be taxed at slab rate
Annuity purchase (20%)₹20,00,000Tax-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

OptionLump SumTaxAnnuity 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%

YearAnnual PensionTax (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:

AspectLikely Treatment
RIS payouts within 60% of original corpusLikely tax-free (covered under Section 10(12A))
RIS payouts beyond 60% of original corpusLikely taxable at slab rate
Capital gains within RISNot 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 TypeOld Tax RegimeNew 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 + DADeductible 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

EventWhat's TaxedWhat's Exempt
ContributionNothing (if within limits)Deductions under 80CCD(1), (1B), (2)
Corpus growthNothing (tax-deferred)Gains accumulate tax-free
Lump sum at exit (up to 60%)NothingFully exempt
Lump sum 60-80%Likely taxable at slabNo explicit exemption
Annuity purchaseNothingExempt at time of purchase
Annuity income (monthly pension)Fully taxable at slabNothing
Partial withdrawalNothingFully exempt
Death — payout to nomineeNothingFully 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

  1. 60% of corpus is tax-free on withdrawal. This is clear and settled.
  2. The extra 20% (between 60-80%) has no explicit tax exemption. Budget 2026 didn't fix this. Plan for potential tax.
  3. Annuity income is fully taxable — not just gains, the entire pension amount. Post-tax annuity returns are ~4% at the 30% bracket.
  4. 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.
  5. RIS payout taxation is ambiguous. Track cumulative withdrawals against 60% of your exit corpus.
  6. Partial withdrawals are tax-free. No ambiguity here.
  7. 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.

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