• Employee Provident Fund

I applied for a full PF withdrawal (Form-19 and 10C) without transferring my previous PF balance to the current PF account. Even though my total service as an employee is more than 5 years, they still deducted TDS because the service recorded in my current PF account was less than 5 years. Am I eligible to claim a refund of the TDS that was deducted? I am currently self-employed and fall under the 20% income tax slab.
Asked 1 year ago in Income Tax

- As service rendered to the last employer was less than 5 years and the old PF amount was not transferred to the PF A/c of last employer therefore it is taxable 

Vivek Kumar Arora
CA, Delhi
4950 Answers
1105 Consultations

Hi,

The PF amount received is fully taxable since the old PF account has not been transferred to the previous employer and therefore the total period of the service rendered can not be said to be 5 years or more.

So you are not eligible to claim any refund of tax deducted on the PF amount. 

Chhaya Rajput
CA, Noida
32 Answers
2 Consultations

Hello,

In your case, it appears that the total period of service recorded in your current PF account is less than 5 years, and you did not transfer your previous PF balance to the current PF account. As a result, TDS (Tax Deducted at Source) was deducted when you applied for a full PF withdrawal (Form-19 and 10C).

Since the service rendered to your last employer, as reflected in your current PF account, was less than 5 years, and the old PF amount was not transferred to the PF account of your last employer, the PF amount you received is considered fully taxable. Unfortunately, you may not be eligible to claim a refund of the tax deducted on the PF amount, as the total period of service cannot be considered as 5 years or more in this scenario.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

 

Thank you.

Shubham Goyal

Shubham Goyal
CA, Delhi
348 Answers
7 Consultations

hi sorry i dont have expertise on this subject

Vishrut Rajesh Shah
CA, Ahmedabad
940 Answers
39 Consultations

Only Individual, HUF, partnership firm (not LLP) can avail the benefit of presumptive taxation scheme. You can incorporate OPC in Jan. 2024

 

For detailed discussion you may opt for phone consultation

Vivek Kumar Arora
CA, Delhi
4950 Answers
1105 Consultations

To leverage the presumptive taxation scheme for the financial year 2023-2024, you should continue as a freelancer and postpone registering as a One Person Company (OPC) until after April 2024. This is because only individuals, HUFs, and partnership firms (not including LLPs) are eligible for this scheme. By incorporating your OPC in or after April 2024, you can avail of the presumptive taxation benefits as an individual for the financial year 2023-2024.

 

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

 

Thank you.

Shubham Goyal

 

Shubham Goyal
CA, Delhi
348 Answers
7 Consultations

Yes you can still opt for presumptive taxation. It is better to register OPC in April but you should start process in March as it takes time to incorporate company

Prerna Peshori
CA, Pune
199 Answers
12 Consultations

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