Professional Tax

The respective state governments in India levy the professional tax on income from profession or employment. The professionals earning an income from salary or other practices such as a lawyer, teacher, doctor, chartered accountant, etc. are required to pay professional tax.

Professional Tax

Profession Tax is a state or, in some cases, municipal, tax, levied in 21 Indian states, including Maharashtra, Gujarat, Tamil Nadu and Karnataka. It is given sanction under Article 276 of the Indian Constitution, which provides for the levy of tax in respect of profession, trade, calling and employment. The Constitution also, however, stipulates a ceiling of Rs. 2500 per annum for each taxpayer.

Professional tax

Professional tax is a tax that is imposed by state governments on all salaried individuals. Professional tax is applicable to all working professionals, such as chartered accountants, lawyers, and doctors. It is levied based on the individual’s employment, trade or profession. The tax rates differ across all states, however, the maximum amount that can be levied as professional tax is ₹2,500 per annum.

Professional Eligibility

Professional tax applicability: Professional tax is levied on all types of trades and professions in India. It has to be paid compulsorily by every staff member who is employed in any private firm operating in India. Professional tax registration is the onus of every business owner, who must take up responsibility for deduction of professional tax and payment for the same.

Professional tax for self-employed: Any professional who obtains a monthly regular income will need to pay the professional tax. By the word professional, we mean people employed in specialized fields such as accountancy, media, etc.

Who is exempted from paying professional tax?
The professional tax rules provide exemptions for a few individuals; the exemptions are different based on the state you belong to. The professional tax rules provide exemptions to the following individuals:

    • Parents of children suffering from mental or permanent disability
    • Members of the armed forces
    • Individuals with permanent physical disability
    • The age differs state wise
    • Badli workers engaged in the textile industry
    • Women engaged exclusively as an agent under the directorate of small savings or
    • Mahila Pradhan Kshetriya Bachat Yojana
    • Guardians or parents of mentally challenged individuals.

Benefits of Professional Tax Registration
Here are the reasons why one should never miss a professional tax payment

    • Judicial requirement: Employers in many states of India are strictly bound by the judiciary to obtain the registration of professional tax. After the registration, they have to make the deductions and pay the service taxes of all the employees who work under them.
    • Avoid paying penalties: Failure to professional tax registration results in huge penalties that keep on increasing over time.
    • Easy to comply: The professional tax regulations are so easy to follow. The registration procedures can be done quickly and the further proceedings are also much easier.
    • Deductions: Deductions can be claimed in the salary on the basis of the professional tax paid. The deductions will be allowed in the year corresponding to which the taxpayer made the payments.
    • State government tax: The local authorities and the state government have the right to collect all the professional taxes based on employment, profession trades and much more. The collected amount of professional tax per annum should not go beyond ₹2500 per annum.

Documents Required

    • Certificate of incorporation, including MOA and AOA/LLP agreement
    • PAN card of company/LLP attested by the company director
    • Proof of office location with NOC from the owner of the premises
    • Proof of company bank account with bank statement and a cancelled cheque
    • Passport size photograph, address and identity proof from all the directors
    • Board resolution/ statement of consent by the partners
    • Shop and establishment certificate
    • Salary register and attendance register.

Applicability

Firms/Companies/LLPs
In the case of professional tax, firms, LLPs, corporations, societies, HUFs, associations, clubs, and companies are considered taxable entities. All the branches involved in these will also be considered separate individuals under professional tax.

Individuals (Professionals)
Legal practitioners such as notaries and solicitors, medical representatives such as dentists, medical consultants, doctors, and other professionals such as management consultants, tax consultants, surveyors, company secretaries, chartered accountants, insurance agents, engineers, architects, and contractors are all considered professional individuals who need to pay professional tax.

Partners and Directors
People who act as company directors, firm partners, LLP partners, and designated partners should pay professional tax. They should register under the professional tax act within 30 days of getting appointed in these roles.

Employers
Within 30 days of the company’s incorporation, the company/firm must get a professional tax enrollment certificate (PTEC) by registering on the government portal.

The company/firm must have a professional tax registration certificate (PTRC) within 30 days of employing a staff member.The employers are supposed to deduct professional tax from the salary of the people employed under them and submit it at the professional tax department during the time of filing returns.

The employers are supposed to deduct professional tax from the salary of the people employed under them and submit it at the professional tax department during the time of filing returns. The employer will have to register at the professional tax department before 30 days of its applicability.

Why Parekh Consultancy ?

Access To Experts
We are a team of reliable professionals dedicated to fulfill all your business setup requirements.

Realistic Expectations
By handling all the paperwork, we ensure a seamless interactive process with the government. We provide clarity on the incorporation process to set realistic expectations.

Young and Experienced Team
With a team of experienced business advisors and finance professionals, you are just a phone call away from the best in financial services.