Professional Tax
| Market Price: | |
|---|---|
| Filing CA Price: | ₹1500/- excl. GST |
| ₹1770/- incl. GST | |
| You Save: | ₹1000/- (40%) |
| Complete By: | within 7 days from payment |
Every person, engaged actively or otherwise in any profession, trade, calling or employment and falling under one or other classes mentioned in Schedule I of the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975, is liable to pay, to the State Government, tax prescribed under the said Schedule. [S. 3(2)]
Persons earning salary or wages are also covered. Employers are required to deduct Profession Tax, at prescribed rates, from salary/wages paid to employees, and to pay the tax to State Government on behalf of employees. Employer is liable to pay tax irrespective of deduction. (S.4)
Where any employee is covered by one or more entries other than entry 1 in Schedule I and rate of tax under any such other entry is more than rate of tax under entry I of that Schedule and if he issues to his employer, a certificate in Form IIB, or where employee is simultaneously engaged in employment of more than one employer and if such employee issues to his employer, a certificate in Form IIC, the employer(s) has not to deduct tax from the salary/wages payable and such employer(s) are not liable to deposit tax on behalf of such employee.
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Registration And Enrolment
Section 5 — every person, liable to pay tax u/s. 4, shall obtain a Certificate of Registration, and, every person, liable to pay tax u/s. 3(2), shall obtain a Certificate of Enrolment from prescribed authority in prescribed manner.
Application for enrolment/registration shall be made within 30 days from date of commencement of profession, trade, calling or employment or within 30 days of becoming liable to pay tax under the Act.
Application for enrolment and application for registration have to be made online, w.e.f. 1st April, 2012, in Form I and II respectively, (Ref.: Cir. No. 5T dated 31st March, 2012). The procedure for obtaining Certificate of Enrolment and Certificate of Registration under the Profession Tax Act has been further simplified by providing for a combined online application form (for MVAT, CST and PT) w.e.f. 7th May, 2015. This online registration facility is available to all resident dealers/persons. On submission of correct and complete data through such online application, the TIN (Tax-payer Identification Number) will be generated by the Department within three working days and the same shall be displayed on the website of the Department. The certificate of TIN shall be sent to the address of applicant by post/courier, within a month. Thus, now for profession tax enrolment/registration there is no need for personal attendance or physical submission of documents. (Refer Trade Circular No. 4T of 2015 dated 9th March, 2015 and 5T of 2015 dated 6th May, 2015).
Where a person liable for registration/enrolment has wilfully failed to apply for such certificate within required time, the prescribed authority may, after a reasonable opportunity of hearing, impose penalty @ ₹ 5 (registration)/₹ 2 (enrolment) per day of delay.
Returns
Every registered employer shall furnish a return in Form III-B (electronic return). Non filing of return, in time, may attract penalty. The payment of tax, if any, should be made in Challan Form No. MTR-6, before uploading the return.
Due Dates (w.e.f. 1st April, 2011)
| a) | If tax liability during the previous year or part thereof was less than ₹ 50,000 | Annual Return on or before 31st March of the year (for salary paid for the months from 1st March to 28th February) |
| b) | ₹ 50,000 or more | Monthly Returns on or before the last day of the month (covering salary paid for the preceding month) |
Payment Of Taxes
Every registered employer shall pay tax before filing the return as per due dates.
Every enrolled person shall pay the tax within one month from the date of enrolment in the first year, thereafter by 30th June of every year.
Facility of e-payment of profession tax has been made available from 1st January, 2012.
