The Finance Act, 2015 (20 of 2015) has inserted a new section 192A regarding the payment of accumulated provident fund balance due to an employee. The provision shall take effect from 1st June, 2015. A copy of the said provision is enclosed for information.
2. Income Tax shall be deducted at source (TDS) at the following rates if at the time of payment of the accumulated PF balance is more than or equal to Rs. 30,000/-, with service less than 5 years:-
3.
a) TDS will be deducted @ 10% provided PAN is submitted. In case Form No. 15G or 15H is submitted by the member, then no TDS shall be deducted.
b) TDS will be deducted @ maximum marginal rate (i.e. 34.608%) if a member fails to submit PAN (and no Form No 15G or 15H).
TDS shall not be deducted in respect of the following cases:-
• Transfer of PF from one account to another PF account.
• Termination of service due to ill health of member, discontinuation/contraction of business by employer, completion of project or other cause beyond the control of the member.
• If employee withdraws PF after a period of five years of continuous service, including service with former employer.
• If PF payment is less than Rs. 30,000/- but the member has rendered service of less than 5 years.
• If employee withdraws amount more than or equal to Rs. 30,000/-, with service less than 5 years but submits Form 15G/15H along with their PAN
A flow-chart is appended for understanding the implications of the amended provisions in the Income Tax Act, 1961.
From India, Mumbai
32. Income Tax shall be deducted at source (TDS) at the following rates if at the time of payment of the accumulated PF balance is more than or equal to Rs. 30,000/-, with service less than 5 years:-
3.
a) TDS will be deducted @ 10% provided PAN is submitted. In case Form No. 15G or 15H is submitted by the member, then no TDS shall be deducted.
b) TDS will be deducted @ maximum marginal rate (i.e. 34.608%) if a member fails to submit PAN (and no Form No 15G or 15H).
TDS shall not be deducted in respect of the following cases:-
• Transfer of PF from one account to another PF account.
• Termination of service due to ill health of member, discontinuation/contraction of business by employer, completion of project or other cause beyond the control of the member.
• If employee withdraws PF after a period of five years of continuous service, including service with former employer.
• If PF payment is less than Rs. 30,000/- but the member has rendered service of less than 5 years.
• If employee withdraws amount more than or equal to Rs. 30,000/-, with service less than 5 years but submits Form 15G/15H along with their PAN
A flow-chart is appended for understanding the implications of the amended provisions in the Income Tax Act, 1961.
From India, Mumbai
While EPF organisation is gearing up to implement TDS provisions,the GOI is having second thoughts.
Refer this link:
Taxing premature PF withdrawals of over Rs 30k may be kept in abeyance - The Economic Times
From India, Pune
Refer this link:
Taxing premature PF withdrawals of over Rs 30k may be kept in abeyance - The Economic Times
From India, Pune
Pressures against TDS being made applicable for PF withdrawals:
Unions question TDS on PF withdrawals, want order on hold | Latest News & Updates at Daily News & Analysis
All decisions have to be thoughtful and seen in totality.
IT may want to show boost in revenue collections,but pressures are there from affected parties.
From India, Pune
Unions question TDS on PF withdrawals, want order on hold | Latest News & Updates at Daily News & Analysis
All decisions have to be thoughtful and seen in totality.
IT may want to show boost in revenue collections,but pressures are there from affected parties.
From India, Pune
This is one of the bad decision of the Modi Government , social security go to hell. Regards Naresh
From India, Pune
From India, Pune
Dear Naresh ji,
Could you please tell us why you feel that this is one of the bad decision of Modi Government?
Your inputs will give insights of this new section 192A.
.................................................. .................................................. .................................................. .................................................. ..
From India, Mumbai
Could you please tell us why you feel that this is one of the bad decision of Modi Government?
Your inputs will give insights of this new section 192A.
.................................................. .................................................. .................................................. .................................................. ..
From India, Mumbai
Decision for TDS is controversial to some extent,because the general feeling is that salaried people are squeezed from all directions in the tax net.
When businesses have so many loopholes to evade and escape,salaried people are subject to maximum scrutiny,though the potential for tax is almost fully exploited.
Potential for increasing tax exists without doubt from business people and that is being left unaddressed by IT.
That could be the reason why people are feeling bad about TDS on PF withdrawal.
From India, Pune
When businesses have so many loopholes to evade and escape,salaried people are subject to maximum scrutiny,though the potential for tax is almost fully exploited.
Potential for increasing tax exists without doubt from business people and that is being left unaddressed by IT.
That could be the reason why people are feeling bad about TDS on PF withdrawal.
From India, Pune
1. Sir, in present day of high prices, working class including Govt. employees are generally passing their life with serious economic strains and limitations. Therefore, I fully agree with the opinion of Sh. Naresh as above that it is a bad decision of the present government.
2. In coming days, as per news paper reports, I think the government will fully abolish the concept of social security. No provident fund, no ESI. The employees whether working in organised sector or in unorganised sector will be either at the mercy of employer or at the mercy of Almighty so far as the issues relating to their sickness, invalidity, old age etc. are concerned. The guiding factors for the present government are not the policies of ILO or the concept of a welfare state, but in present situation it is only the concept of free economy, lesseize-fare policy, policy of hire and fire and world bank to which the present government appears to follow strictly.
From India, Noida
2. In coming days, as per news paper reports, I think the government will fully abolish the concept of social security. No provident fund, no ESI. The employees whether working in organised sector or in unorganised sector will be either at the mercy of employer or at the mercy of Almighty so far as the issues relating to their sickness, invalidity, old age etc. are concerned. The guiding factors for the present government are not the policies of ILO or the concept of a welfare state, but in present situation it is only the concept of free economy, lesseize-fare policy, policy of hire and fire and world bank to which the present government appears to follow strictly.
From India, Noida
Dear Sir’s, Can I know that an international worker is also being affected for this provision ?? Since, nothing has mentioned in said circular / notification for international worker.
From India, Ghaziabad
From India, Ghaziabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
WC Section Amendment..docx
Amendment in Section 192A of the IT Act, 1961- Instructions for deduction of TDS on withdrawal f.pdf
Amendment to Payment of Bonus Act 2015.jpg