Under Income Tax Act,
1961, contribution by employer and employee to the provident fund account
enjoys certain tax benefits and some are taxable as well.
Provident Funds
provides a compulsory contribution for the future of an employee after his
retirement or for his dependents in case of his early death. In such fund
employee and employer contribute equally. There are many provident funds in
which the contribution can be made and the taxability of the same depends upon
the type of provident fund in which the contribution is made.
Basically, there are
three types of Provident Fund Schemes provided by the employer, namely
Statutory provident fund, Recognised provident fund and Unrecognised provident
fund.
However, an employee
may also contribute to the Public Provident Fund scheme.
Statutory provident
fund-
This fund is set up
under the provisions of the Provident Fund Act, 1925. This fund is maintained
by Government and Semi-Government organizations, local authorities, railways
universities and recognized educational institutions.
Taxability as per the
Income Tax Act, 1961:
•
Employer’s
contribution to provident fund – Exempt
•
Deduction
under Section 80C – Available for employee’s own contribution
•
Interest
credited to provident fund – Exempt
•
Payment
at retirement or termination of service – Exempt
Recognized Provident
Fund –
This fund is one
which is recognized by the Commissioner of Income tax in accordance with the
rules contained there in the Employee’s Provident Funds and Miscellaneous
Provisions Act, 1952. According to this Act, any organization, which employs 20
or more persons, is obligated to register under the Act and start a PF scheme
for the employees in the organisation.
Taxability as per the
Income Tax Act, 1961:
•
Employer’s
contribution to provident fund – Exempt up to 12% of salary – excess is taxable
•
Deduction
under Section 80C – Available for employee’s own contribution
•
Interest
credited to provident fund – Exempt up to notified rate (now 9.5%)
•
Payment
at retirement – Taxable except in following under mentioned circumstances
The employee should
have rendered continious service with his employer for 5 years or more; or if
not so, he should have been terminated due to ill health, due to
discontinuation of employer’s business or by reason beyond his control. If he
has found another employment, the balance due to him should have been
transferred to his account in the recognised provident fund of the new
employer.
Unrecognized
Provident Fund –
Unrecognized
provident fund is the provident fund which is neither a statutory provident
fund nor a recognized fund. This scheme is started by an employer which is not
approved by the Commissioner of Income Tax.
Taxability as per the
Income Tax Act, 1961:
•
Employer’s
contribution to provident fund – Exempt from tax
•
Deduction
under Section 80C – Not Available
•
Interest
credited to provident fund – Exempt
•
Payment
at retirement – Employee’s own contribution is exempt but interest on his own
contribution is taxable under the head “income from other sources”.
Payment
received towards the employer’s contribution and interest thereon is taxable
under the head “Salaries”.
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