Section 192 of the Income Tax Act: TDS on Salary
Updated: Oct 1
Tax Deducted at Source (TDS) under Section 192 of the Income Tax Act is an important concept that both employers and employees need to understand. It's the system through which an employer deducts tax at the time of paying salary to their employees, ensuring timely tax collection by the government. This article covers every aspect of TDS on salary, from eligibility to compliance, ensuring you're well-prepared for your tax obligations as an employer or employee.
Table of content
Who Can Deduct TDS under Section 192?
TDS under Section 192 is applicable to any employer who pays a salary to employees. This includes individuals, companies, trusts, government organizations, and any other entity classified as an employer under Indian law. The key factor here is the existence of an employer-employee relationship. TDS must be deducted when there is a defined salary being paid, whether it's a corporate organization, partnership firm, private limited company, public limited company, or even an individual employing staff.
For example, whether you're an employee at a large multinational corporation or a smaller startup, your employer is required to deduct TDS from your salary under Section 192.
When is TDS Deducted Under Section 192?
TDS under Section 192 is deducted when the salary is either:
Paid to the employee, or
Credited to the employee’s account.
This deduction is made at every salary disbursement during the financial year, whether it’s a monthly salary, a bonus, or any other payment classified under salary. The timing is critical—TDS is deducted either when the salary is credited to the employee’s account or paid, whichever is earlier.
Why is the timing of TDS deduction important?
The timing ensures that taxes are collected as the income is generated. This aligns with the government's objective of maintaining steady tax inflows, preventing large tax burdens at the end of the financial year. Moreover, TDS on salary is calculated based on the projected total annual salary, helping employees spread out their tax payments over the year.
How to Calculate TDS on Salary Under Section 192
1. Calculation of Taxable Income of the Employee
The employer calculates TDS by estimating the total taxable income of the employee for the entire financial year. Here's how the process works:
Gross Salary: This includes basic salary, bonuses, allowances (like Dearness Allowance), and perquisites (such as rent-free accommodation, car allowance).
Exemptions and Deductions:
The employer must take into account exemptions under specific allowances like House Rent Allowance (HRA), Leave Travel Allowance (LTA), and standard deductions under Section 16 of the Income Tax Act.
Deductions under Section 80C (for investments like provident funds, life insurance premiums, etc.) and other relevant sections such as 80D (health insurance premiums) and 80U (for persons with disabilities) are considered to reduce the taxable income.
After applying these exemptions and deductions, the net taxable income is determined. This net amount is the basis for calculating TDS.
2. Rate of TDS Deduction
The rate of TDS on salary is not fixed but depends on the employee’s applicable income tax slab for the financial year. India follows a progressive tax rate system, meaning that higher income levels are taxed at higher rates. The employer must calculate TDS based on the annual estimated taxable salary and deduct tax according to the relevant tax slab rates for that year.
For instance, if the employee chooses the old tax regime, the following slab rates may apply (for FY 2023-24):
Up to INR 2,50,000 – No tax
INR 2,50,001 to INR 5,00,000 – 5%
INR 5,00,001 to INR 10,00,000 – 20%
Above INR 10,00,000 – 30%
If the employee opts for the new tax regime under Section 115BAC, different and simplified slab rates would apply. The employee must inform the employer about their choice of tax regime at the beginning of the financial year, as this affects the TDS calculation.
Example of TDS Calculation
Let’s say Mr. A earns a gross annual salary of INR 12,00,000. After accounting for deductions under Section 80C (INR 1,50,000) and HRA exemptions (INR 2,00,000), the taxable salary is INR 8,50,000. Based on the income tax slab rates (old regime), the TDS will be calculated monthly by dividing the tax liability over the 12 months.
Salary from More than One Employer
If an employee works for more than one employer during a financial year (due to changing jobs or working multiple jobs), they must disclose the details of their previous salary and TDS deductions to the new employer. This ensures that TDS is correctly deducted across both employments and helps avoid under-deduction or over-deduction of tax. In case the employee fails to disclose this, each employer will deduct TDS separately, which may result in overpayment or underpayment of taxes.
Deductions Under Section 89
If an employee receives arrears of salary or advance salary, they can claim relief under Section 89 of the Income Tax Act. The purpose of Section 89 is to prevent any sudden spike in tax liability due to income being taxed in bulk (e.g., when arrears are paid in a single financial year). This relief allows the employee to spread the tax liability over the relevant years in which the income was earned.
TDS Statements
Employers must file TDS statements periodically with the government. These quarterly statements (filed through Form 24Q) detail the TDS deducted from each employee and must be submitted by the employer. In addition, the employer is required to provide Form 16 to their employees, which serves as a certificate of tax deducted and is essential for the employee to file their tax returns.
Time Limit to Deposit the Tax Under Section 192
Once TDS is deducted, the employer must deposit the amount with the government by the 7th of the following month. However, for tax deducted in March (the end of the financial year), the deadline is extended to 30th April. Timely deposit of TDS ensures that the employer avoids penalties and maintains compliance.
TDS Return Filing Due Date for Employer
Employers are also required to file quarterly TDS returns using Form 24Q. This form provides detailed information on the salary paid and TDS deducted for each employee.
Quarter | Due Date |
April - June | 31st July |
July - September | 31st October |
October - December | 31st January |
January - March | 31st May |
TDS Certificate (Form 16)
Employers are obligated to issue Form 16 to employees by June 15th of the next financial year. Form 16 provides a comprehensive summary of the salary paid and the tax deducted. It helps the employee in filing their annual tax returns and claiming any refunds, if applicable.
Consequences of Non-Compliance Under Section 192
If the employer fails to deduct or deposit TDS on time, several consequences may arise:
Interest on Late Payment: The employer must pay interest on the delayed amount.
Penalties: For late filing or failure to file TDS returns, the employer may be charged INR 200 per day until the TDS return is filed.
Disallowance of Expenses: The employer may not be allowed to claim the deducted salary as an expense in their own income tax calculation under Section 40(a)(ia).
FAQs
Q1. What happens if an employer fails to deduct TDS under Section 192?
The employer may be liable for interest and penalties and could face prosecution under the Income Tax Act.
Q2. Can employees claim a refund of excess TDS?
Yes, employees can claim a refund by filing their income tax return if the TDS deducted is more than their actual tax liability.
Q3. Is TDS deducted on bonuses and incentives?
Yes, TDS is applicable on all salary components, including bonuses and incentives.
Q4. What if an employee works with multiple employers during the year?
The employee should provide details of previous employment to the current employer for accurate TDS calculation.
Q5. How does TDS work under the new tax regime?
The employee must declare their preference for the new or old tax regime. TDS will be calculated based on the chosen regime.
Q6. Can pension income attract TDS?
Yes, pension income is considered salary for tax purposes and is subject to TDS under Section 192.
Q7. Are expatriates working in India liable for TDS on salary?
Yes, expatriates are liable for TDS on salary earned in India, depending on their tax residency status.
Q8. What if the employer does not file Form 24Q on time?
A penalty of INR 200 per day may be levied until the form is filed.
Q9. Are deductions under Section 80C considered for TDS calculation?
Yes, employers consider deductions like investments in Section 80C while calculating TDS.
Q10. Does TDS apply to contract workers or freelancers?
TDS under Section 192 only applies to salaried employees, not contract workers or freelancers.
Q11. Can TDS be adjusted for any overpayments made by the employer?
Yes, adjustments can be made in subsequent months if excess TDS was deducted earlier.
Q12. Can TDS be adjusted if I opt for the new tax regime during the year?
Yes, if an employee decides to switch tax regimes, TDS can be recalculated accordingly.
Q13. Is TDS applicable if my salary falls below the taxable limit?
No, if your total taxable income (after deductions) is below the minimum exemption limit, no TDS will be deducted.
Q14. What happens if an employer deducts excess TDS?
Employees can claim a refund of excess TDS when they file their income tax return.
Q15. Is TDS applicable on pension payments?
Yes, TDS is applicable on pension income, and the same rules as for salary apply.
Q16. What if I fail to disclose my previous salary to the new employer?
In such cases, TDS may be over or under-deducted, which could result in either a refund or additional tax liability when you file your return.
Comments