Many salaried employees might be very well aware of the term ‘professional tax’ as it would have been mentioned in the payslips/Form 16 issued to them. But all of them may or may not understand what it is and why it is appearing in their payslips/Form 16 as a deduction from their salary income. Hence, this article is an attempt to provide a better picture of what and why professional tax is deducted and whether the salaried class people are only bearing it.
When you're employed and receive a consistent salary, fulfilling your professional tax obligations becomes mandatory. You have likely encountered this term on your monthly salary slips or Form 16, listed beneath your gross salary, allowances, and HRA. Professional tax is one of the deductions from your gross salary, alongside TDS, EPF, and other applicable deductions. Contrary to common misconception, this tax isn't exclusively for professionals like doctors or lawyers; it applies to anyone earning a salary. Let's delve into the intricacies of professional tax to gain a better understanding.
As per Article 246 of the Constitution of India, only the Parliament has the exclusive power to make laws with respect to the Union List, which includes taxes on income. The state has the power to make laws only with respect to the Concurrent and state list.
However, professional tax though is a kind of tax on income levied by the state government (not all states in the country choose to levy professional tax). The state government is also empowered to make laws with respect to professional tax though being a tax on income under Article 276 of the Constitution of India, which deals with tax on professions, trades, callings and employment.
It may be noted that professional tax is a deductible amount for the purpose of the Income-tax Act 1961 and can be deducted from taxable income.
Professional tax being impose a tax by the state government is different in different states. Every state has its own laws and regulations to govern the professional tax of that particular state. However, all states follow a slab system based on income to levy professional tax.
Further, Article 276 of the Constitution, which empowers the state government to levy professional tax, also has provided for a maximum cap of Rs.2,500, beyond which professional tax cannot be charged to any person.
Professional tax is collected by the Commercial Tax Department. The commercial tax department of the respective states collects it which ultimately reaches the fund of the municipal corporation.
Professional tax is not limited to specific professions; it applies to various individuals and entities. The following categories of persons and entities are subject to professional tax:
Professional tax rates in India vary from state to state, as each state government has the authority to enact its own laws and regulations governing this tax within its jurisdiction. Despite these regional variations, a commonality among states is adopting a slab system that determines the professional tax liability based on an individual's income.
Professional Tax Slab Professional Tax is a state-specific tax in India, meaning the tax rates and slabs can differ from one state to another. Some states levy professional tax as a percentage of income, while others use a fixed amount based on income slabs to determine the tax liability.
Professional tax is a direct tax levied by the state government. As a result, the form of payment may differ from one state to the next.
Professional tax, on the other hand, can be paid both online and offline. To pay professional tax, you must go to the official website of the relevant state.
It is important to note that if you are a salaried individual, then such professional tax will be collected and remitted by your employer.
Even though everyone who earns a regular income (salary) is expected to pay the professional tax, some people are exempt. As a result, if you fall into one of the categories listed below, you are exempt from paying professional tax.
As an example, in Maharashtra, the penalties are as follows:
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