Hello Auditor

What is the taxation model for remote employees under PT?

State-Based Tax Liability

  • Professional Tax (PT) for remote employees is determined by the state in which the employee physically works or resides, not where the company’s head office is located.
  • Even if the employer is registered in one state, if the employee works remotely from a different state, PT must be applied as per the employee’s state laws.
  • Employers are obligated to deduct and remit PT based on the applicable slab rates of the employee’s location.
  • The PTRC (Professional Tax Registration Certificate) must be obtained in each state where employees are located, if not already registered.

Employer’s Compliance Obligation

  • Employers must maintain state-wise PT registrations in jurisdictions where remote employees reside and perform work.
  • Deduction of PT should be accurately reflected in the employee’s payslip and reported in the returns for the correct state.
  • If remote employees are spread across multiple states, state-specific PT rules, thresholds, and filing requirements must be followed.
  • Some states allow for centralized filing, but most require branch-wise or location-wise registration and reporting.

Remote Location Determines PT Jurisdiction

  • The place from where the remote employee actually renders services is treated as the base for PT applicability.
  • If an employee is temporarily working from a different state (e.g., on deputation or assignment), PT may shift to that location depending on duration and local rules.
  • Remote workers in a Union Territory that does not levy PT (e.g., Delhi or Chandigarh) are not subject to PT deduction.
  • Employers must track the employee’s permanent work-from-home address for accurate tax mapping.

Exemptions and Threshold Applicability

  • Remote employees earning below the minimum salary threshold specified by their residential state are exempt from PT.
  • Exemptions also apply to remote employees who fall into special categories (e.g., senior citizens, persons with disabilities), subject to documentation.
  • The employer must verify and document such exemption eligibility before skipping deductions.
  • Exempt employees must be excluded from return filings for the respective state.

Recordkeeping and Audit Preparedness

  • Employers must maintain separate PT deduction records for each state based on employee residence.
  • PT payments and returns must be filed within the due dates set by each state.
  • Remote work arrangements should be properly documented in employment letters or HR systems for compliance accuracy.
  • In case of audit, the employer must demonstrate correct deduction, remittance, and state-wise segregation of PT data.

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