• Can I skip deducting TDS from employee salary?

Hi,
I started a new company that's into Marketing, Advertising, & Software solutions.
My employee income is above 5lk comes under tax slab rate of 20%
He told me that the previous company he worked at didn't deduct the TDS and only deducted PF & Professional tax. Can I do the same?

Is it mandatory for the company to deduct the TDS before paying out to an employee?
Can't it be taken care by the employee himself?
Asked 4 years ago in Income Tax

It is mandatory on your part to deduct TDS on the salary paid. 

Vidya Jain
CA, Kolkata
1019 Answers
58 Consultations

Is his income below 5 lakh after considering the deductions?

If yes dont deduct TDS, otherwise its a liability of company to deduct TDS if not you can be charged with around 1% interest per month on the TDS amount and your expense can also be disallowed upto 30%.

You must hire a CA to take care of all this.

Most employees would say that don't deduct TDS but it will be company who will be at fault and not employee.

 

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
4292 Answers
101 Consultations

Dear Sir,

 

Hope you are doing well !!

 

Yes, it is advisable to deduct the tds to avoid future litigations.


No, it is mandatory.

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

It is mandatory for the company to deduct TDS. If TDS is not deducted entire salary expense will be disallowed from companies P& L.

Ruchi Goel Anchal
CA, Gurgaon
525 Answers
16 Consultations

Hello,

 

Yes, it is mandatory for the company to deduct TDS. The company needs to make the calculation for the amount of TDS to be deducted based on employee's salary, slab, and eligible deductions. 

I hope this answer satisfies your requirements. 

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Hi sir

yes sir as per section 192 b of income tax act1961 u r liable to deduct tax & if u don’t deduct tax then ur salary expense will be disallowed.

 

my suggestion is that on the safe side  u should deduct TDS.

please rate 5 & provide valuable feedback.

Poorvi Jain
CA, Indore
143 Answers
1 Consultation

- If the taxable income is upto Rs.5 lacs then there is no tax liability due to rebate but if the taxable income is more than Rs.5 lacs, it is compulsory to deduct TDS. It is mandatory for the company to deduct TDS and deposit it with the govt.duly. Responsibility is on the employer.

Vivek Kumar Arora
CA, Delhi
4943 Answers
1101 Consultations

Yes, it is mandatory for a company to deduct TDS and there are serious repurcussions for TDS non deduction/non-submission.

 

Although, you can structure the salary in such manner that TDS will not be required for employees having income upto 7-8 lacs at least.

Lakshita Bhandari
CA, Mumbai
5687 Answers
932 Consultations

Ask a Chartered Accountant

Get tax answers from top-rated CAs in 1 hour. It's quick, easy, and anonymous!
  Ask a CA