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Professional Tax Registration in India

What is Professional Tax?

Professional tax is a tax that is imposed by state governments in India on individuals who are employed or involved in a profession, trade, or business. The tax is levied on the income earned by individuals, and it is paid to the state government. Professional tax applies to salaried employees, professionals (such as doctors, lawyers, chartered accountants), and self-employed individuals, depending on the state's laws.

The amount of professional tax you pay depends on your income and is typically deducted by your employer directly from your salary. For self-employed individuals, the tax must be paid directly to the state government. The rates and rules for professional tax vary from one state to another, with each state having its own regulations and payment structure.

In simple terms, professional tax is a contribution to the state's revenue, similar to income tax, but it’s meant for funding local government services and infrastructure.

Who Pays Professional Tax?

Professional tax is paid by individuals earning an income through employment or self-employment in states where it is applicable. Here’s a breakdown of who typically pays professional tax:

  • Salaried Employees If you work in a private or government organization, your employer usually deducts professional tax from your salary each month. The employer then submits it to the state government on your behalf. This is a mandatory deduction in states where professional tax is levied.
  • Self-Employed Individuals People who work for themselves-such as freelancers, consultants, or small business owners are also required to pay professional tax. They must register themselves with their local tax authority and pay the tax directly.
  • Professionals Licensed professionals such as doctors, lawyers, chartered accountants, engineers, and architects also fall under the professional tax requirement. They may need to pay it if they practice their profession within a state that imposes this tax.
  • Businesses Companies, firms, and other business entities are also subject to professional tax. They are responsible for deducting and paying professional tax on behalf of their employees and can be subject to penalties if they fail to comply.

It’s important to note that not all states in India impose professional tax. Each state sets its own rules, rates, and exemptions, so it’s essential to check your specific state’s regulations.

How is Professional Tax Calculated?

Professional tax is calculated based on an individual's monthly income, with different income slabs attracting different tax rates. Each state in India where professional tax is applicable has its own tax structure and rate schedule, so the tax amount varies depending on the state’s regulations. Here’s how the calculation typically works:

  • Income Slabs Professional tax is applied in a slab structure, meaning that as your income increases, the amount of tax you pay also increases. For example, in many states, a lower income (say, below Rs. 10,000 per month) may attract little or no tax, while higher income levels have a higher tax rate.
  • Monthly Deductions For salaried employees, professional tax is usually deducted monthly by the employer based on the income slab they fall into. The employer calculates the tax as per the state-prescribed rates and deducts it from the employee’s salary before paying it to the government.
  • Annual Cap Many states set an annual cap on professional tax, which is generally around Rs. 2,500 per year. Once this cap is reached, no further professional tax is deducted for that financial year.
  • State-Specific Variations Professional tax rates, slabs, and the maximum payable amount vary from one state to another. For example, the tax in Maharashtra may have a different slab rate and cap compared to Karnataka or Tamil Nadu.
  • Self-Employed Individuals Self-employed individuals and professionals calculate their professional tax based on their declared income and pay it directly to the state government, either monthly, quarterly, or annually, depending on state requirements.
Example Calculation

Let’s say you are a salaried employee in a state where the professional tax slab is as follows:

  • Monthly income below Rs. 10,000: No tax
  • Monthly income between Rs. 10,001 and Rs. 15,000: Rs. 150 per month
  • Monthly income above Rs. 15,000: Rs. 200 per month (with an annual cap of Rs. 2,500)

If your monthly income is Rs. 18,000, you would pay Rs. 200 per month until the annual cap of Rs. 2,500 is reached.

Professional tax calculation can vary widely, so it’s always a good idea to check your state’s specific slab rates and payment guidelines.

Benefits of Paying Professional Tax

Although professional tax is a mandatory payment, it brings certain advantages to both individuals and the government. Here’s a look at the key benefits of paying professional tax:

Contributes to State Government Revenue

The money collected from professional tax helps state governments fund public services such as healthcare, education, infrastructure, and welfare programs. This tax is a crucial part of the state's budget for improving community services.

Eligibility for Certain Benefits

In some states, paying professional tax can make you eligible for certain government schemes or benefits, such as pension plans or health insurance schemes that are managed by the state.

Tax Deductions

Professional tax is considered a deductible expense under the Income Tax Act of India. The amount paid as professional tax can be deducted from your taxable income, which helps reduce your overall income tax liability. This is a significant benefit for salaried individuals and professionals.

Helps in Legal Compliance

By paying professional tax, you ensure that you are complying with the local laws and regulations of your state. It helps avoid any legal penalties or fines that might arise from non-payment or incorrect filing of tax returns.

Supports Local Governance and Public Welfare

The funds raised from professional tax are used by state governments to improve local infrastructure, public health, and safety. By contributing, you are supporting the development of your community.

Ease of Payment for Employees

For salaried employees, professional tax is automatically deducted by the employer from the salary, making it a hassle-free process. This ensures timely payment without any effort from the employee's side.

Promotes Professional Discipline

For self-employed professionals, paying professional tax creates a sense of accountability. It encourages professionals to register with the local tax authorities and follow the regulations set by the state government.

Documents Required for Professional Tax

When registering and paying professional tax, the documentation required can vary slightly depending on the state and whether you are an individual employee or a business owner. However, there's a general list of the common documents you may need:

For Salaried Employees:
  • Identity Proof: A government-issued ID such as an Aadhar card, voter ID, passport, or driver's license.
  • Proof of Address: Documents like a utility bill, bank statement, or rent agreement to confirm your residence.
  • Salary Slips: Your recent salary slips to determine the income level and the professional tax applicable.
  • Form 16: If you are an employee, your Form 16 (issued by the employer) helps verify your annual income and the deductions made, including professional tax.
  • PAN Card: PAN is required for tax filings and proof of income.
For Self-Employed Individuals/Professionals:
  • Identity Proof: Similar to salaried employees, a valid ID proof like an Aadhar card, passport, or voter ID.
  • Proof of Business/Practice: This may include your business registration certificate, professional practice license, or any document that proves you are self-employed.
  • Address Proof: Documents like rent agreements, utility bills, or bank statements to confirm your place of business or residence.
  • Income Proof: Your bank statements, tax returns, or any other document showing income earned through your business or profession.
  • PAN Card: If you are self-employed, PAN is essential for registration and tax filings.
For Employers/Businesses:
  • Company Registration Documents: If you're a business owner or an employer, you’ll need documents such as your company's registration certificate (e.g., LLP, Pvt Ltd).
  • Employee Details: A list of all employees, along with their salary details, for calculating the professional tax deductions.
  • Proof of Address of the Business: Business address proof such as a lease agreement or utility bill.
  • PAN Card of the Business: PAN is required for tax compliance of your business.
For Professional Tax Registration:
  • Application Form: A completed professional tax registration application form is available from your state’s tax department website or office.
  • Proof of Payment: Receipts or any evidence of previous professional tax payments (if applicable)
  • Bank Account Details: Bank account information to make payments or for refunds if applicable.

How to Apply for Professional Tax through Filinglounge

Step 1: Visit the Filinglounge Website

Go to the Filinglounge website: https://Filinglounge.com.

Step 2: Navigate to Professional Tax Services

On the homepage, look for the section related to Professional Tax.

Fill Out the Enquiry Form

Once you find the Professional Tax registration page, you will likely be asked to fill out a form. This form will collect information such as:

  • Your name
  • Contact details (email/phone number)
  • Type of service you require (employee, self-employed, or business)
  • State of residence or business, as professional tax rates and registration vary by state
Step 4: Submit Documents

Upload the necessary documents, such as identity proof, income proof, or business registration documents (if applicable). Filinglounge will guide you on which documents are required for your specific case.

Step 5: Payment and Processing

After submitting the form and documents, you will be directed to make the payment for the registration or professional tax filing services. Filinglounge will provide instructions for secure payment options

Step 6: Professional Tax Registration

Once your payment is processed and documents are verified, Filinglounge will proceed with the registration or filing of professional tax on your behalf. They will handle all interactions with the local tax authority, ensuring your registration is completed.

Step 7: Receive Confirmation

After successful registration or filing, you will receive a confirmation email and any relevant documents related to your professional tax registration or payment.

Step 8: Ongoing Assistance (If Needed)

Filinglounge may offer ongoing assistance or reminders for professional tax filings in the future to ensure you stay compliant with local tax laws.

If you need help during the process or have any queries, Filinglounge's support team is available to assist you.

Is Professional Tax the Same Everywhere?

No, Professional Tax is not the same everywhere. The rules, rates, and applicability vary significantly depending on the state or union territory in India. While professional tax is a common tax levied on individuals earning an income, it is governed by state governments, and each state has its regulations regarding the following:

Tax Rates

The rate of professional tax can vary widely between states. Some states have higher tax rates, while others may have lower rates. For example, in Maharashtra, the professional tax for salaried employees can be as high as Rs. 2,500 per year, while in some states, it might be much lower.

Income Slabs

Different states set their income slabs that determine the amount of professional tax you will pay. Some states have a set structure with fixed amounts for different income ranges, while others may have more flexible or progressive structures.

Exemptions

Certain states offer exemptions or reduced rates for specific groups of people, such as women, senior citizens, or individuals with disabilities. For example, in some states, individuals earning below a certain threshold may be exempt from paying professional tax

Tax Filing and Payment Procedures

The procedure for registration, filing, and payment of professional tax also differs from state to state. Some states require businesses to register employees and submit monthly returns, while others might have annual filing requirements.

Maximum Limit

States also set an annual cap on the total amount of professional tax an individual has to pay. For instance, in many states, the maximum professional tax that an individual has to pay is Rs. 2,500 per year. Once this limit is reached, no further deductions are made for the year.

Self-Employed vs. Salaried Individuals

While salaried employees usually have professional tax automatically deducted by their employers, self-employed individuals or business owners may need to file their returns and make payments directly to the tax authorities. The tax rates and rules for self-employed professionals may differ based on the state.

Proprietorship vs Limited Liability Partnership (LLP) vs Company

Features Proprietorship Partnership LLP Company
Definition A sole proprietorship is an unregistered business entity managed by a single individual. A legal contract between multiple parties to jointly manage and run a business operation. A business type that combines aspects of a partnership and the limited liability of a corporation. A registered business where owners and shareholders have limited liability.
Ownership
  • Single individual
  • Min 2 Partners
  • Max 50 Partners
  • Designated Partners: Min 2(No upper limit)
  • Min: 1 shareholder (for a private company), 7 shareholders (for a public company)
  • Max: 200 shareholders (for a private company), no upper limit (for a public company)

For One Person Company
  • Minimum: 1 individual
  • Maximum: 1 individual
Registration Time 7-10 working days
Promoter Liability Unlimited Liability Limited Liability
Documentation
  • Partnership Deed
  • PAN card of the partnership firm
  • LLP Agreement
  • Incorporation Certificate
  • PAN card of the LLP
  • MOA
  • AOA
  • Certificate of incorporation
  • PAN card of the company
Governance No specific governing law Governed by the terms outlined in the partnership deed Governed by the LLP agreement Governed by a formal structure including a Board of Directors
Transferability Business cannot be transferred Ownership transfer requires the consent of all partners as outlined in the partnership deed. Transferable Easily Transferable for public companies. In private companies, there might be some restrictions.
Compliance Requirements
  • Income tax filing if the turnover exceeds Rs. 2.5 lakhs.
  • Must file ITR 5
  • Must file ITR 5
  • File Form 11
  • Form 8
  • MCA filing
  • Auditor's appointment
  • File ITR 6

Professional Tax Registration FAQ's

What is Professional Tax?

Professional Tax is a state-level tax levied on individuals and entities engaged in professions, trades, or employment. It is usually deducted from the salaries of employees or paid directly by self-employed individuals.

Who is liable to pay Professional Tax?

Employees, professionals (such as doctors, lawyers, and chartered accountants), business owners, and self-employed individuals are liable to pay professional tax. However, the income thresholds and exemptions can vary depending on the state.

How is Professional Tax calculated?

The amount of professional tax is generally based on an individual's income, with different tax slabs for various income ranges. Rates differ from state to state. Employers usually deduct professional tax from the salary of employees, while self-employed individuals pay it directly to the tax authorities.

Is Professional Tax the same in all states?

No, Professional Tax rates and rules vary by state. Each state has its own slab rates, exemptions, and the maximum amount payable. States may also have different processes for registration and filing.

What is the maximum amount of Professional Tax payable in India?

In most states, the maximum professional tax payable is around Rs. 2,500 per year. However, this cap may vary depending on the state’s tax structure.

Who collects Professional Tax?

State government authorities are responsible for collecting professional tax. The process may be handled by local municipal corporations or state tax departments, depending on the state.

Are there any exemptions from Professional Tax?

Yes, some states provide exemptions from professional tax for certain categories of individuals, such as:
  • Senior citizens
  • Women
  • Disabled individuals
  • Individuals earning below a certain income threshold (varies by state)

Do salaried employees need to file Professional Tax returns?

Salaried employees generally don’t need to file professional tax returns as it is deducted at source by the employer. However, businesses or employers are required to file returns for their employees.

How often do I need to pay Professional Tax?

The frequency of payment varies by state. Some states require monthly payments, while others allow quarterly or annual payments for self-employed individuals and businesses.

Can Professional Tax be deducted from my income tax?

Yes, Professional Tax is deductible from your gross income while calculating your income tax. It is considered a business expense, so you can claim it as a deduction while filing your income tax return.

What happens if I don’t pay Professional Tax?

Failure to pay professional tax may result in penalties, interest charges, or even legal action by the state tax authorities. It is essential to pay the tax on time to avoid these consequences

How do I apply for Professional Tax through FilingLounge?

You can apply for professional tax registration or filing through FilingLounge by visiting their website, filling out an enquiry form, submitting the necessary documents, and making the required payment. FilingLounge will handle the registration and filing process for you.

Can I apply for Professional Tax online?

Yes, many states allow for online registration and payment of professional tax through their official tax portals. FilingLounge also provides an easy way to handle these processes online.

Is Professional Tax applicable to all types of businesses?

Professional tax applies to businesses that employ workers or engage in any form of professional services. The rules regarding professional tax for businesses differ by state, so business owners need to check local regulations.

Can I get a refund for Professional Tax?

Professional tax is generally not refundable unless there has been an overpayment. If you have paid more than the required amount due to an error, you may be eligible for a refund or adjustment, depending on the state’s rules.

Related Business Registrations

In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.

MCA Compliance

Each registered entity is required to meet its compliance duties at the close of each financial year. This generally includes auditing financial statements, filing income tax returns, and submitting annual forms to the Ministry of Corporate Affairs (MCA).

Compliance For Form Due date Penalty
Commencement of Business Intimation to Registrar for Commencement of Business Within 180 days from incorporation INR 50,000 on company and INR 1,000 per day on directors for each day of default
Annual KYC of Directors DIR 3 E-KYC 30th September of every year INR 5,000 for late filing
Appointment of Auditor Form ADT 1 Within 15 days of the AGM INR 300 per day (max INR 12,000)
Financial Statements Form AOC 4 Within 30 days from the AGM INR 100 per day of default
Annual Return Form MGT 7 Within 60 days from the AGM INR 100 per day of default

All Limited Liability Partnerships (LLP) in India must file annual returns with the Ministry of Corporate Affairs (MCA). FilingLounge provides affordable services to help you keep your LLP compliant.

LLP Compliance Form Due date Penalty
Annual KYC of Directors DIR 3 KYC 30th September of every year INR 5,000 for late filing
Annual Return Form 11 May 30th every year INR 100 per day of default
Statements of Accounts and Solvency Form 8 30th October every year INR 100 per day of default (minimum penalty INR 10,000)

In addition to the filings listed above, there may be other compliance requirements relevant to LLPs. To ensure all compliance needs of your LLP are met, please seek assistance from a Filinglounge Advisor.

Entity Compliance Form Due date
Private Limited Company Annual Return MGT-7 Within 60 days from the conclusion of the AGM
Financial Statements AOC-4 Within 30 days from the conclusion of the AGM
DIR-3 KYC DIR-3 KYC 30th September every year
Return of Deposits DPT-3 30th June every year
Appointment of Auditor ADT-1 Within 15 days from the conclusion of the AGM
Income Tax Return (Non-audit case) ITR-6 31st July every year
Income Tax Return (Audit case) ITR-6 30th September every year
Annual GST Return GSTR-9 31st December of the subsequent financial year
MSME Form Form 1 (MCA) half-yearly return by 31st October (April to September), & 30th April for the period October to March every year
Limited Liability Partnership Income Tax Return (Non-audit case) ITR 5 31st July every year
Income Tax Return (Audit case) ITR 5 30th September every year
Annual Return Form 11 30th May every year
Financial Statements Form-8 30th October every year

Note : There might be extra filings needed depending on your business type and activities. Talk to a FilingLounge advisor to get the right guidance for your company's compliance.