• Directors Profession tax

Dear Sir/Madam
Kindly address our below query :
Our Directors are being paid remuneration on which TDS is deducted u/s 194J & while filing their return of Income they are showing income under Business & profession & not under salary.

1)While paying their Professional Tax from the company's A/c ,should we pay it under
 a) PTRC or 
 b)PTEC or 
 c)should each of the director has to register under PT & company pays the PT in their individual PT no.

2)Should we pay PT on monthly basis (rs.200/- per month) or on annual basis(rs.2500/-) for the state of Maharashtra
Asked 6 years ago in Professional Tax

Hello Sir,

 

Professional tax registration certificate (PTRC) is to be obtained by the company in the role of Employer. 
The company will have to deduct Professional Tax on Salaries paid by it to its employee where the salary paid to such employee exceeds Rs.7,500/- per month 

Professional tax Enrollment certificate(PTEC) is to obtained by the company for its own existence and engaging in profession (and of-course business too) within the state of Maharashtra. 
PTR will have to be paid according to salary paid to its employees whereas PTE liability for company is fixed at Rs.2500/- annually.

Regarding Companies with Directors : Company will have to obtain PTE no. and pay Rs. 2500. This payment is to be made by company for its own existence and getting engaged in profession in Maharashtra.

In respect of PTR liability,  if directors are whole time director or any of them is managing director, then such directors are considered as employees of the co. and therefore company will have to obtain PTR no. and deduct Rs.200 per month ( Rs.300 for February month) from each directors salary and make such tax payments according to prescribed periodicity. The directors in that case will not be required to obtain PTE no seperately.

However, In case of directors other than whole time director or managing director, such directors will have to separately obtain pte no and will to have to pay Rs 2500 independently annually.

 

 

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

You need to first decide if the directors are full time director or not. If yes then they are required to be paid salary and TDS on such salary need to be deducted u/s 192 rather than 194J.

 

Since you are deducting TDS under 194J they will show it as professional income.

 

Regarding Companies with Directors : Company will have to obtain PTE no. and pay Rs. 2500. This payment is to be made by company for its own existence and getting engaged in profession in Maharashtra.

In respect of PTR liability,  if directors are whole time director or any of them is managing director, then such directors are considered as employees of the co. and therefore company will have to obtain PTR no. and deduct Rs.200 per month ( Rs.300 for February month) from each directors salary and make such tax payments according to prescribed periodicity. The directors in that case will not be required to obtain PTE no seperately.

However, In case of directors other than whole time director or managing director, such directors will have to separately obtain pte no and will to have to pay Rs 2500 independently annually.

If they show it as professional income they need to obtain PTe number and pay professional tax.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Dear Sir,

 

1. As per my understanding, you company have to obtain PTE no.

 

2. On annual basis.

 

 

 

 

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hello,

 

If you are paying salary to the directors, you need to deduct TDS u/s. 192, while if you are paying them professional fees, TDS is correctly deducted u/s. 194J.

Regarding professional tax payment,

For company own existence and getting engaged in the business/profession, the company will have to obtain PTE no. and pay Rs. 2500 annually.

For directors, if they are being paid salary and not professional fees, the company will have to obtain PTR no. and deduct Rs.200 per month ( Rs.300 for February month) from each directors salary and make such tax payments.

While if directors are being paid professional fees and not salary, the directors will have to separately obtain PTE no. and pay Rs 2500 annually.

I hope this answer satisfies your requirement.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

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