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Professional Tax Registration - an Overview
Professional Tax( P. Tax) is a state tax collected by state governments of India on employees, professionals, and businessmen. It is collected in the following states of India: Karnataka, Bihar, West Bengal, Andhra Pradesh, Telangana, Maharashtra, Tamil Nadu, Gujarat, Assam, Kerala, Meghalaya, Odisha, Tripura, Madhya Pradesh, Jharkhand, Sikkim, Mizoram. This tax applies to business owners, employed persons, merchants, and other persons providing various professional services. Employees pay their self-employed employees by raising the tax directly from their salary, while self-employed individuals take it on their shoulders to register and pay personally.
Early registration is of prime importance to be released from penal cases. Adhering to Professional Tax laws comes with various advantages. It assures that state laws and regulations are followed thus it might help in staying away from fines and lawsuits and enhances the credibility in clientele or business partners. It also makes it easy to plan finances because it reduces tax obligations.
Every state government governs the collection of this tax. For example, in Karnataka, the law governs through Karnataka State Tax on Professions, Trades, Callings, and Employments Act, 1975. Besides, the application of professional tax in Karnataka covers certain categories, including corporations, firms, societies, and Hindu Undivided Families, or HUFs.
Vakilsearch makes Professional Tax registration not only easy but a painless and stress-free affair as you learn the legal requirements and timelines of the tax, along with an exemption that can help reduce one's liability to tax. The support is such that it allows the focus to be laid on the business, while your tax compliance is managed.
What is Professional Tax Registration?
Professional Tax Registration is the process of enrolling employees and organisations with state governments for compliance with Professional Tax laws. Anyone earning income has to register.
Benefits of Professional Tax Registration
Professional tax registration benefits both individuals and organisations. Some key benefits follow:
Legal Compliance
Professional Tax Registration ensures compliance under the legal framework of states or union territories. The registration process, if done through online, makes one legally compliant without any scope for penalty or impending legal repercussions.
Avoiding Penalties
Failure to register leads to fines and penalties that may be imposed by the government. Proactive registration prevents fiscal liabilities and legal repercussions.
Employee Deductions
A registered employer under a Professional Tax is allowed to withhold the amount paid to an employee towards tax deduction for making timely payment of taxes. Thus, the process eased down for both the employer as well as the employee.
Proof of Compliance
The certificate of Professional Tax registration acts as proof of tax compliance which might come useful in the course of dealing with government authorities, financial institutions, or clients who may ask for the proof of legal adherence.
Government benefits
Professional tax registration will make it easier for an individual or business to offer access to various government benefits, schemes, or incentives-a number of the social welfare programs, subsidy facilities, or tender preferences.
Business reputation
The registration for professional tax also symbolises the commitment for legal compliance as well as ethical conduct in business. This can boost your credibility before clients, partners, and other stakeholders.
Professional Tax registration simplifies the management of taxes, making it more orderly and easy to follow. This enables easy operations concerning finances while simultaneously reducing pressure on stress regarding tax compliance.
Advantages for Employers and Employees
Professional Tax for Individuals
This is charged to the self-employed people such as freelancers and professionals. They need to register so they may pay this tax, and this directly goes to the state government, hence always keeping them abreast of the tax requirements of the state.
Professional Tax of the Employees
The employers are responsible for the deduction of Professional Tax from the monthly salary of their respective employees and remittance to the state. This has timely payment and smooth compliance with regard to the employees.
Filing Professional Tax
A person who is both employed and self-employed will have to file their Professional Tax by submitting forms and paying the state on time. This ensures a minimum amount of penalty.
State-wise Professional Tax Acts
Professional tax is a state-level tax imposed on individuals and businesses engaged in various professions, trades, and employments. Here is a detailed outline:
State/Union Territory | Tax Deduction Period | Tax Slab | Deadline for Remitting Tax |
---|---|---|---|
Andhra Pradesh | Monthly | Up to ₹15,000: Nil ₹15,001–₹20,000: ₹150 Above ₹20,000: ₹200 | By 30 June or within one month of enrollment |
Assam | Monthly | Up to ₹10,000: Nil ₹10,001–₹15,000: ₹150 ₹15,001–₹24,999: ₹180 Above ₹25,000: ₹208 | Before 28 of every month |
Bihar | Yearly | Up to ₹3,00,000: Nil ₹3,00,001–₹5,00,000: ₹1,000 ₹5,00,001–₹10,00,000: ₹2,000 Above ₹10,00,001: ₹2,500 | Before end of November |
Chhattisgarh | Monthly | Up to ₹1,00,000: Nil ₹1,00,001–₹1,50,000: ₹130 ₹1,50,001–₹2,00,000: ₹150 ₹2,00,001–₹2,50,000: ₹200 Above ₹2,50,001: ₹208/₹212 | Within 10 days of month-end |
Gujarat | Monthly | Up to ₹12,000: Nil Above ₹12,000: ₹200 | By 30 September or within one month of enrollment |
Jharkhand | Quarterly | Up to ₹3,00,000: Nil ₹3,00,001–₹5,00,000: ₹100 ₹5,00,001–₹8,00,000: ₹150 ₹8,00,001–₹10,00,000: ₹175 Above ₹10,00,001: ₹208 | 15 May, 15 August, 15 November, 15 February |
Karnataka | Monthly | Up to ₹25,000: Nil Above ₹25,000: ₹200 | Before 20 of succeeding month |
Kerala | Every Six Months | Up to ₹11,999: Nil ₹12,000–₹17,999: ₹120 ₹18,000–₹29,999: ₹180 ₹30,000–₹44,999: ₹300 ₹45,000–₹59,999: ₹450 ₹60,000–₹74,999: ₹600 ₹75,000–₹99,999: ₹750 ₹1,00,000–₹1,24,999: ₹1,000 Above ₹1,25,000: ₹1,250 | 31 August and 28 February |
Madhya Pradesh | Monthly | Up to ₹18,750: Nil ₹18,751–₹25,000: ₹125 ₹25,001–₹33,333: ₹166/₹174 Above ₹33,334: ₹208/₹212 | 30 September or within 30 days of registration |
Maharashtra | Monthly | Up to ₹7,500: Nil ₹7,501–₹10,000: ₹175 Above ₹10,001: ₹200/₹300* | By 30 June or within 30 days of enrollment |
Manipur | Yearly | Up to ₹50,000: Nil ₹50,001–₹75,000: ₹1,200 ₹75,001–₹1,00,000: ₹2,000 ₹1,00,001–₹1,25,000: ₹2,400 Above ₹1,25,001: ₹2,500 | By 30 March |
Meghalaya | Monthly | Up to ₹4,166: Nil ₹4,167–₹6,250: ₹16.50 ₹6,251–₹8,333: ₹25 ₹8,334–₹12,500: ₹41.50 ₹12,501–₹16,666: ₹62.50 ₹16,667–₹20,833: ₹83.33 ₹20,834–₹25,000: ₹104.16 ₹25,001–₹29,166: ₹125 ₹29,167–₹33,333: ₹150 ₹33,334–₹37,500: ₹175 ₹37,501–₹41,666: ₹200 Above ₹41,667: ₹208 | Before 28 of every month |
Mizoram | Monthly | Up to ₹5,000: Nil ₹5,001–₹8,000: ₹75 ₹8,001–₹10,000: ₹120 ₹10,001–₹12,000: ₹150 ₹12,001–₹15,000: ₹180 Above ₹15,001: ₹208 | Before 30 June annually |
Nagaland | Monthly | Up to ₹4,000: Nil ₹4,001–₹5,000: ₹35 ₹5,001–₹7,000: ₹75 ₹7,001–₹9,000: ₹110 ₹9,001–₹12,000: ₹180 Above ₹12,001: ₹208 | By 30 September or within one month of enrollment |
Odisha | Monthly | Up to ₹1,59,999: Nil ₹1,60,000–₹3,00,000: ₹125 Above ₹3,00,000: ₹200/₹300* | By the end of the succeeding month |
Puducherry | Every Six Months | Up to ₹99,999: Nil ₹1,00,000–₹2,00,000: ₹250; ₹2,00,001–₹3,00,000: ₹500; ₹3,00,001–₹4,00,000: ₹750; ₹4,00,001–₹5,00,000: ₹1,000 Above ₹5,00,000: ₹1,250 | By 30 June and 31 December |
Punjab | Monthly | Above ₹20,833: ₹200 | By the last date of the following month |
Sikkim | Monthly | Up to ₹20,000: Nil ₹20,001–₹30,000: ₹125 ₹30,001–₹40,000: ₹150 Above ₹40,001 : ₹200 | Quarterly: 31 July, 31 October, 31 January, 30 April |
Tamil Nadu | Every Six Months | Up to ₹21,000: Nil ₹21,001–₹30,000: ₹100 ₹30,001–₹45,000: ₹235 ₹45,001–₹60,000: ₹510 ₹60,001–₹75,000: ₹760 Above ₹75,000: ₹1,095 | 30 September and 31 March |
Telangana | Monthly | Up to ₹15,000: Nil ₹15,001–₹20,000: ₹150 Above ₹20,000: ₹200 | By 30 June or within one month of enrollment |
Tripura | Monthly | Up to ₹7,500: Nil ₹7,501–₹15,000: ₹150 Above ₹15,001: ₹208 | By 30 September or within one month of enrollment |
West Bengal | Monthly | Up to ₹10,000: Nil ₹10,001–₹15,000: ₹110 ₹15,001–₹25,000: ₹130 ₹25,001–₹40,000: ₹150 Above ₹40,001: ₹200 | By 31 July |
Tax Deduction Period
Monthly
Tax Slab
Up to ₹15,000: Nil
₹15,001–₹20,000: ₹150
Above ₹20,000: ₹200
Deadline for Remitting Tax
By 30 June or within one month of enrollment
Professional Tax Rate
The tax slabs that apply in a given state are vastly different. For example, in Uttar Pradesh and Himachal Pradesh, the slabs would be on the income of the person or the salary of the employee that needs to be paid. The tax slabs vary according to the state and the income, and the maximum could be as low as ₹2500 a year.
Eligibility for Professional Tax Registration
- For Employees: Your employer handles your professional tax.
- For Self-Employed: You might need to register depending on your state's rules.
Exemptions for Payment of Professional Tax
The Professional Tax Rules exempt certain persons or class of persons from payment of Professional Tax. Such exemptions apply to the following individuals:
- Parents of permanent disability or mental disability
- Members of the armed forces under the Army Act, 1950, Air Force Act, 1950 and Navy Act, 1957, and auxiliary forces or its constituents, who are on duty in the State
- Total disability or persons suffering from physical disability are exempted from Professional tax
- Badli workers in the textile industry
- Blind persons regularly
- Female agents only working as such under the Mahila Pradhan Kshetriya Bachat Yojana or Director of Small Savings
- Parents or guardians of mentally handicapped persons
- Above 65 years of age.
Employer’s Responsibility for Professional Tax
Registration
Employers are responsible for registering themselves and their employees for professional tax with the appropriate tax authorities. This includes obtaining the necessary registration certificates and complying with the registration process within the specified timeframe
Tax Deduction
Employers are required to deduct professional tax from the salaries or wages of their employees as per the applicable tax rates. This deduction should be made at the time of payment and by the relevant tax laws and regulations
Timely Payment
Employers are responsible for ensuring that the deducted professional tax is paid to the appropriate tax authorities within the designated timeframes. They should adhere to the payment schedules and fulfill their tax obligations promptly to avoid penalties or legal consequences
Record-Keeping
Employers should maintain accurate records of professional tax deductions, payments, and employee details. These records should be appropriately organized, retained, and made available for inspection by tax authorities when required
Compliance with Tax Laws
Employers must comply with all applicable tax laws, rules, and regulations regarding professional tax. They should stay updated with any changes in tax rates, thresholds, or filing requirements and ensure their compliance accordingly.
Reporting and Filing
Employers are responsible for timely reporting and filing professional tax returns, as tax authorities require. This includes providing accurate information about their employees, deductions, and payments made during the specified reporting periods.
Communication with Employees
Employers should effectively communicate with their employees about professional tax deductions, payment details, and any changes in tax regulations. This helps maintain transparency and avoid any confusion or disputes related to professional tax.
Required Documents for Professional Tax Registration
Professional Tax (P.Tax) is a state-specific tax collected from individuals and companies for their professional or trading activities. Individuals and companies are required to provide certain documentation during registration and return filing, including the PAN Card of the Company and a recent Bank statement. The general list includes proof of identity, address, and business registration. These include:
- Certificate of incorporation
- Address proof of Establishment
- Cancelled cheque
- Passport Size Photographs Of All Directors
- PAN card
- Address proof
- MOA and AOA
- Salary Details Of Employees
- Aadhaar Card Of The Professional
- Attendance Register And Salary Register
- Financial Statements Of The Establishment
- Identity proof
- Shop and Establishment certificate
Professional Tax Registration Process
Knowledge regarding the process of Professional Tax registration will help anyone to avoid penalties as well as assist in compliance with local law and practices. Registration is of two types both offline and online. Here is a comprehensive registration process:
Online Registration Procedure
The process of Professional Tax registration involves several key steps to ensure compliance with state regulations. Vakilsearch simplifies this process for clients by managing every aspect, from information gathering to final verification. Here’s an overview of the procedures:
Eligibility Check: Vakilsearch verifies whether your profession, trade, or income requires Professional Tax registration in Tamil Nadu. Before processing the Professional Tax registration in Tamil Nadu, experts here ensure that you qualify under the eligibility criteria.
Contact Us: Contact us- either by giving us a call, sending us a message, writing us an email, or you could just fill up the contact form provided on our website. That is all it takes to start your PTEC registration process.
Payment Help: Having contacted us, we'll be showing you how to make payments for the registration of the PTEC. We will simply give you clear instructions to go through the payment processing with no hassle.
Application Processing: We will ensure that all the relevant documents are filed with the Tamil Nadu Professional Tax Authorities without any errors and discrepancies on your behalf.
Recovery of PTEC: After filing your application successfully, the Professional Tax Authorities will issue your Professional Tax Enrollment Certificate within a short period.
Offline Registration Procedure
For offline Professional Tax registration, applicants need to visit the local tax office and submit the required documents along with the completed registration form. Here is the process:
Step 1: Visit the Tax Office
Go to the local Professional Tax Office and Municipal Corporation.
Step 2: Obtain and Fill the Application Form
Collect Professional Tax Registration form and get it filled in with personal/business details and income proof.
Step 3: Attach all attachments
Attach relevant documents like PAN card, address proof, ID proof, and proof of business registration, if any.
Step 4: Submit your Application
Submit the duly filled form accompanied by documents with the tax office for acknowledgment receipt
Step 5: Get Registration Certificate
On verification, you get your Professional Tax Registration Certificate. You are then entitled to start professional tax payments.
Types of Professional Tax Certificates
Professional Tax certificates can be regarded as the most important documents which prove the fulfillment of state-level laws of taxation by individuals and organizations. They vary based on characteristics and more predominantly based on the nature of employment and the rules of each state. There is an immense need for professionals, employers, and entrepreneurs to know about the various forms of Professional Tax certificates. There are two types of Professional Tax certificates:
Professional Tax Enrollment Certificate (PTEC): It can be a business, consisting of public and private companies, sole proprietors, partnership firms, and professionals, but only of their nature.
Professional Tax Registration Certificate: It is also applicable to government and non-government employers who are required to collect tax from the salaries of their employees and remit them to the government.
Compliance Requirements
Compliance with Professional Tax laws is the need for all individuals and businesses to operate legally and without penalty. Every state of India has some rules and guidelines set for the registration and payment of Professional Tax. Some key compliance requirements include:
Monthly/Quarterly Filing Procedures
Employers in India should get registered with the respective state's Professional Tax office for filing professional tax. Filing the appropriate PT return is crucial to maintaining compliance, and late fees can apply if returns are submitted beyond the specified time.
The procedure could vary state-wise with some states taking monthly filings while others accept quarterly filings. In general, the state prescribes a slab based on which employers deduct professional tax from the salaries of employees and make returns in accordance. In cases of monthly returns, they submit the returns by the end of the following month, and quarterly returns are submitted as a rule within the subsequent month of the quarter's closing date. The return accompanying should have tax deducted as well. Some states allow filing online via their respective tax portals.
Due Dates for Filing Professional Tax
Every half-yearly, payment of professional tax is done on the 1st of April and October. If professional tax is not paid, huge penalty charges will be incurred towards the same by the state government.
Payment Procedures and Deposit of Amount Deducted
Understanding the payment procedures for Professional Tax is crucial for compliance and effective financial management for businesses and employees. Professional Tax is deducted from salaries or payments made to professionals and is to be deposited with the respective state government. Here is a step-by step process:
- Step 1: Access the official website of the Greater Chennai Corporation and then click on 'Online Services' followed by 'Professional Tax.'
- Step 2: Log in with the help of a username and password, input number of employees; the system will automatically calculate what professional tax is due.
- Step 3: Here, on this page you will be taken to the screen where you are asked to pay through any of the given payment modes, be it a debit card, credit card, or net banking.
Penalties for Non-Compliance on Professional Tax Payment
Professional Tax Payment Default can lead to heavy penal provisions. In case the employer or an individual fails to deposit his professional tax, he is penalised with one percent monthly penalty rate on the amount due. Besides, there is another penal provision of 10% additional penalty if the professional tax amount is not paid. In such instances where the false or incorrect information is furnished by a taxpayer, the tax authority may levy a heavy penalty of three times the amount of defaulting taxes payable. In addition, these penalties and fines make the people more punctual by keeping them within their limits. However, the major purpose of this type of punishment is to avoid tax evasion.
Penalties for Late Payment or Non-Payment
The one who doesn't pay their professional taxes will be charged a penalty of 2% every month. Failure to pay the professional tax also attracts another penalty of 10%. If wrong details have been given, it will invite a penalty of three times the amount of taxes due.
Note: Companies and Limited Liability Partnerships (LLPs) need to secure their GST Registration as part of their overall tax obligations.
Why Choose Vakilsearch for Professional Tax Registration?
Understanding the requirements of P.Tax Registration is essential for compliance and effective financial management . Our chartered accountants offers complete professional tax registration services with an insight into tax laws. We make this whole process simple with the management of all paperwork for an even smoother process . We come up with tailored solutions that cater specifically to your needs. Our streamlined processes ensure the execution of registration within the stipulated time frame. We offer dedicated customer support for queries. Vakilsearch has all the legal and compliance services under one roof to cater to your needs.
Frequently Asked Questions on Professional Tax Registration
How does Professional Tax differ from Income Tax?
Professional Tax is levied by state governments, while Income Tax is imposed by the central government. Professional Tax is based on employment and profession, whereas Income Tax is based on overall income.
How are Professional Tax rates determined?
Professional Tax rates are determined by individual state governments and vary from state to state. Each state has its own slab rates based on income levels.
What are the deadlines for filing Professional Tax returns?
The deadlines for filing Professional Tax returns vary by state. Typically, returns are filed monthly, quarterly, or annually, depending on the state's regulations.
What are the benefits of paying Professional Tax on time?
Paying Professional Tax on time ensures legal compliance, avoids penalties, and enhances the credibility of the business or professional entity.
Is Professional Tax applicable to all employees and employers?
Yes, Professional Tax is applicable to all salaried employees and employers, as well as individuals practicing certain professions, based on the state-specific regulations.
What is the Professional Tax registration certificate?
The Professional Tax registration certificate is an official document issued by the state tax department, confirming that an individual or business is registered to pay Professional Tax.
Are there any exemptions from Professional Tax?
Exemptions from Professional Tax vary by state and may include senior citizens, parents of disabled children, individuals earning below a certain income threshold, and specific categories of professionals. It's important to check the state-specific rules for detailed exemption criteria.
How do I update my Professional Tax registration details?
Updating Professional Tax registration details usually involves submitting an application to the state tax department with the necessary supporting documents. This can often be done online through the state’s official portal.
What happens if there is an error in my Professional Tax payment?
If there is an error in Professional Tax payment, it is important to contact the state tax department immediately to rectify the mistake. Corrections can typically be made by submitting a rectification application along with proof of the error.