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What are the responsibilities of an employer under professional tax law?

Registration Under the Professional Tax Act

  • An employer must obtain a Professional Tax Registration Certificate (PTRC) from the concerned state authority.
  • Registration should be done within 30 days of employing staff liable for professional tax.
  • Separate registrations are required for each branch if located in different states or municipalities.
  • Failure to register may attract penalties and legal action.
  • Employers must ensure that the PTRC remains valid and up to date.

Dedication of Taxonom Employees’ Salaries

  • Employers are required to deduct professional tax from employees’ monthly salaries as per state-specific slab rates.
  • The deduction must be made at the time of salary disbursement.
  • Exempt employees must be identified to avoid wrongful deductions.
  • Employers must maintain accurate records of salary and deductions.
  • Deductions must be transparent and shown on the employee’s payslip.

Timely Payment of Collected Tax

  • Deducted professional tax must be deposited with the state government within the prescribed time, usually by the end of the month.
  • Delay in payment attracts interest and penalties.
  • Payment must be made using the PTRC number through the designated online or offline modes.
  • The payment challan or receipt must be retained for records and audits.
  • Consistent payment compliance is mandatory to avoid notices and prosecution.

Filing of Periodic Returns

  • Employers must file monthly, quarterly, or semi-annual returns depending on the number of employees and state rules.
  • Returns should include employee-wise salary details and tax deductions.
  • Filing should be completed within the due date after payment of tax.
  • Returns must be filed even in months where there is no employee tax liability.
  • Errors in returns must be rectified through proper revision or clarification procedures.

Maintenance of Records and Documents

  • Employers must maintain records of:
    • Salaries paid
    • Tax deductions
    • Payment challans
    • Return filings
    • Exemption declarations
  • These records should be kept for a minimum of 5 to 7 years as required by law.
  • The records may be inspected by professional tax authorities during audits or assessments.
  • Proper documentation ensures smooth compliance and avoids disputes.

Communication and Compliance Updates

  • Employers must stay updated with any changes in slab rates, deadlines, or filing formats issued by the state authorities.
  • Employees should be informed about tax deductions and slab applicability.
  • Any change in the business structure, address, or employee strength must be updated in the professional tax records.
  • Non-compliance may lead to license revocation, penalties, or legal liabilities for the employer.
  • Engaging a professional or using automated payroll software can aid in consistent compliance.

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