Pursuant to the amendments in the 1975 Professional Tax Act, a person (natural/legal) registered under the MGST Act is liable to register for Professional Tax Enrollment Certificate (PT-EC) and pay Rs.2500 annually. Furthermore, if the business has any employee whose monthly salary is above Rs. 7500/- it is also required to obtain Professional Tax Registration Certificate (PT-RC) and pay tax after deducting the same from the salary of the employee as provided for in the law. All taxpayers enrolled in GST have been informed in PTRC / PTEC of their compliance and registration.
Under Section 3(2) of Maharashtra Professional Tax, any person except partnership firms and HUF actively or otherwise engaged under one or other class of law is liable to pay tax to the government of the State. The business entity's professional tax (Private Ltd, Public Ltd, OPO, etc.), as well as the owner or professional tax (sole owner, partner, director, etc.), are permitted under PTEC to pay professional tax.
People who earn wages or salaries are also covered. The employer (government or non-government) is required to deduct professional tax from the employee's salary or wages at prescribed rates and to deposit the same to the respective government of the State. It is the duty of the company to pay tax even though it fails to subtract from the workers' wages or salaries. It is common for a fully operating business organization to perform its business operations.
State list in which professional tax is imposed:
b. Andhra Pradesh
g. Madhya Pradesh
n. Tamil Nadu
p. West Bengal
Registration due date:
It is mandatory to obtain a PTEC registration within 30 days from the date of incorporation or commencement of business or practice, i.e. you must apply for PTEC within 30 days of obtaining an S&E license, Certificate of incorporation, Service Tax RC, Sales Tax RC, etc.
The Procedure for PTRC and PTEC of Maharastra are as follows:
STEP1 Go to https://www.mahagst.gov.in/en and select the new dealer registration
Step 2 Validate your PAN/TAN and after this Temporary profile will be created and it will be valid till 90 days for applying
Step 3 The Applicant will log in by using credentials as a temporary profile. After a successful login, the Dealer will select the “Existing Users” option from the menu option. After that “Act selection,” page will appear for which type of Act registration is required. On this page, the dealer can select multiple Acts for registration in a single application. Select PTRC/PTEC registration out of the provided list.
Step 4 Application form will appear after selection fill al the form carefully and attach all related documents in the form
Step 5 At last submits the form after reviewing it.
Documents required for registrations:
a. Pan of the assessee
b. Aadhaar Card copy
c. Canceled Cheque
d. Passport size photo
e. Latest electricity bill of the register office/ place of business in case of the rented property then rent agreement
f. Photo Signature
g. Details of Business
h. No of employees at workplace
i. Date of Commencement of business
j. Email ID and Mobile no of the assesse
Applicable on all organization which has to get registered under professional tax
Each Registered Employer must make payment in Form No. Challan. MTR -6 and return supply in Type III-B (Return electronically). You may attract a penalty if you fail to upload a return within the due dates.
If the payment of the tax is made within the due date, a grace period of 10 days is given for uploading the e-return. Of all those returns submitted after the due date, Rs 1000 is payable for compulsory late fees.
An employer (PTRC) is entitled to file a revised report within 6 months from year-end.
The employer shall file monthly reports in the case of new registration for all months starting from the date of liability until March 31 of that financial year. The first return in these cases shall be for the month in which the certificate of registration granted (including the salary paid for the period starting from the start of liability until the last day of the preceding month in which the certificate of registration was issued), thereafter monthly returns as due until the end of the financial year.
Each registered employer (PTRC TIN) shall pay tax according to the due dates prior to filing the return enrolled individual (PTEC TIN) shall pay the tax within one month from the date of enrolment in the first year, and thereafter by 30 June of each year. The facility for e-payment of qualified tax was made available as from 1 January 2012.
W.e.f 01 April 2018 One time Tax Scheme payment:
Section 8(3) of the Act specifies that PTEC holders may take advantage of the above scheme. According to the scheme, by making an advance payment as prescribed in the notification one may discharge his / her liability for a minimum of 3 years to a maximum of 35 years.
All PTEC holders paid or already paid for 5 years prior to 2018-19 can also opt for 5 years post completion of this scheme. When the sum is charged under the OTPT scheme, no refund is possible.
Penalty and interest on non-payment of tax
The interest of 1.25% is payable per month on default made taxpayer.
Process of Filing return of Maharashtra:
STEP 1 Go to mahagst.gov.in
STEP 2 Click on download and download the PTRC return template
STEP 3 Fill the downloaded form (form IIIB)
STEP 4 For filing PTRC return click on Login
STEP 5 Click on return, return submission other than VAT/CST
STEP 6 Click on PTRC dropbox
STEP 7 Select the types of return
STEP 8 Select the period of return and upload the file (form III)
STEP 9 Confirm and submit the return
a. Form III B
b. Employees Salary sheet
c. Employees information
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