1. About Provident Funds :
Provident Fund is a retirement saving plan in which both employee and employer contrib[1]ute a fixed sum every month. The amount ac[1]cumulated in the funds and interest earned thereon is paid to the employee on his re[1]tirement. However, an employee, in certain circumstances, is allowed to withdraw a sum from his provident fund account even before his retirement.
2. Types of Provident Fund
The provident funds can be categorized into the
following types:
2.1.
Statutory Provident FundThis Fund is set up under the Provident Fund Act, 1925,
which is meant only for employ[1]ees working in
Government or Semi-Gov[1]ernment
organizations, local authorities, universities, recognized educational institu[1]tions or railways.
2.2.
Recognized Provident FundIt is a provident fund which has been and continues to
be recognized by the CIT in ac[1]cordance with the
rules contained in Part of the Fourth Schedule to the Income-tax Act. It also
includes a fund established un[1]der the Employees’
Provident Fund Act, 1952. Such a fund is maintained in banks, insurance
companies, factories and business houses in the private sector.
2.3.
Unrecognized Provident FundThese funds are those funds which have not been
recognized by the CIT in accordance with the rules contained in Part A of the Fourth
Schedule to the Income-tax Act. It can be maintained by any institution in pri[1]vate sector.
2.4.
Public Provident FundAny resident individual can contribute in Public Provident
Fund. Unlike EPF, contribu[1]tion in PPF is
voluntarily and it is only indi[1]vidual himself who
can contribute to PPF.
3. Taxability of provident fund
The tax implications in case of provident fund
arise at the time of contribution, ac[1]crual of interest and
withdrawal. The tax[1]ability can be
explained with the help of the following table:
Treatment of |
Recognised Provident Fund (RPF) |
Statutory
Provident Fund (SPF) |
Unrecognised
Provident Fund (UPF) |
Public Provident Fund (PPF) |
Employer’s
Contribution |
Contribution up
to 12% of basic salary + DA is exempt from tax. However, it shall be taxable
in the following two scenarios: (a) Any contribution above 12%; (b) Any
contribution above Rs. 7,50,0001 . |
- |
Not Taxable |
- |
Employee’s
Contribution |
Eligible for
deduction under Section 80C |
Eligible for deduction under Section 80C |
Not eligible for deduction under Section 80C |
Eligible for
deduction under Section 80C |
Interest earned
on PF |
Exempt from
tax. However, it shall be taxable in the following two scenarios: (a)
Interest above the notified rate; (b) Interest relating to the employee’s
contribution above Rs. 5 lakh, in case no contribution is made by employer;
(c) Interest relating to the employee’s contribution above Rs. 2.5 lakh, in
case employer has also contributed to the fund |
Exempt from tax. However, it shall be taxable in the following
scenarios: (a)Interest relating to the employee’s contribution above Rs. 5
lakh, in case no contribution is made by employer; (b)Interest relating to
the employee’s contribution above Rs. 2.5 lakh, in case employer has also
contributed to the fund. |
Not taxable at the time of accrual |
Exempt from tax |
Withdrawal
after 5 years |
Exempt from tax |
Exempt from tax |
Aggregate of the following shall be taxable: (a) Employer’s contribution;
(b) Interest on employer’s contribution; and (c) Interest on employee’s
contribution |
Exempt from tax |
Withdrawal
before 5 years |
Total income is
computed as if the fund is not recognised from the beginning. |
Exempt |
Aggregate of the following shall be taxable: (a) Employer’s
contribution; (b) Interest on employer’s contribution; and (c) Interest on
employee’s contribution |
- |
4. Amendment by the Finance Act, 2021
As interest on the contribution made to stat[1]utory provident fund, recognised provident fund and the public provident fund is ex[1]empt from tax at the time of accrual as well as withdrawal, the Government noticed that some employees are contributing a huge amount to these funds. Thus, to curb this practice, the Finance Act, 2021 has amended Section 10(11) and Section 10(12) to provide that exemption shall not be available for the interest income accrued during the previous year on the recognised and statutory provi[1]dent fund in the account of the person to the extent it relates to the contribution made by the employees in excess of Rs. 2,50,000 in a previous year. However, if such person has contributed in a fund in which there is no contribution by the employer, limit of Rs. 2,50,000 shall be increased to Rs. 5,00,000.The amount of such interest income shall be computed as per the prescribed rules.
5. Method of computation of taxable interest
The CBDT has notified2 Rule 9D for calcu[1]lation of the taxable portion of interest pertaining
to the contribution made to a statutory or a recognized provident fund in excess
of threshold limit of Rs. 2.5 lakh or 5 lakhs as the case may be.It provides
that separate accounts within the provident fund account shall be main[1]tained during the
previous year 2021-22 and onwards for the taxable and non-taxable contribution
made by the person.
5.1.
Computation of non-taxable portionThe non-taxable contribution to the provi[1]dent fund account
shall be computed in the following manner:Particulars AmountAggregate of the
following:(a) Closing balance in account as on 31-03-2021(b) Contribution by a
person in finan[1]cial year 2021-22 and
onwards to the account (not being a taxable contribution)(c) Interest accrued
on (a) and (b) aboveLess: Amount withdrawn from the said accountxxxxxxxxx(xxx)Non-taxable
contribution to account xxxThe interest accrued in the non-taxable con[1]tribution account
shall continue to be ex[1]empt under Section
10(11) or Section 10(12).
Particulars |
Amount |
Aggregate of
the following: |
|
(a) Closing
balance in account as on 31-03-2021 |
xxx |
(b)
Contribution by a person in finan[1]cial
year 2021-22 and onwards to the account (not being a taxable contribution) |
xxx |
(c) Interest
accrued on (a) and (b) above |
xxx |
Less: Amount
withdrawn from the said account |
(xxx) |
Non-taxable
contribution to account |
xxx |
5.2. Computation of taxable portion
The taxable contribution to the provident fund
account shall be computed in the fol[1]lowing manner:The
interest accrued in the taxable contri[1]bution account shall
be taxable under the head ‘Income from other sources’.
Particulars |
Amount |
Aggregate of
the following: |
|
(a) ntribution
by a person in finan[1]cial
year 2021-22 and onwards to the account in excess of threshold limit (Rs. 2.5
lakhs/Rs. 5 lakhs) |
xxx |
(b) Interest
accrued on (a) above |
xxx |
Less: Amount
withdrawn from the said account |
(xxx) |
Taxable
contribution to account |
xxx |
6. Illustration
Mr. A is working in a software consultancy firm. He maintains an
EPF account and his opening balance is Rs. 5,50,000. His annual CTC is Rs. 30
lakhs with break-up as under:
Particulars |
Monthly |
Annual |
Basic salary |
2,00,000 |
24,00,000 |
Special allowance |
24,200 |
2,90,400 |
Employee’s contribution to PF
(12% of basic |
24,000 |
2,88,000 |
salary) |
||
Employer’s contribution to PF |
1,800 |
21,600 |
Total CTC |
2,50,000 |
Computation of taxable and non-taxable contribution to PF:
Particulars |
Non-taxable contribution |
Taxable contribution |
Opening balance |
5,50,000 |
- |
Contribution during the year: |
|
|
(a) Up to Rs. 2,50,000 |
2,50,000 |
- |
(b) In excess of Rs. 2,50,000 |
- |
38,000 |
(Rs.
2,88,000 less Rs. 2,50,000) |
|
|
Total balance (before
interest) |
8,00,000 |
38,000 |
Interest
for the financial year 2021-22 (assuming rate of interest 8.5%) |
68,000 |
3,230 |
Interest income of Rs. 3,230
on taxable contribution to the provident fund shall be taxable in the hands
of the employee in the assessment year 2022-23 under the head income from
other sources. If the amount of interest exceeds the threshold limit
prescribed under Section 194A (Rs. 5,000), the tax shall be de- ducted on the
same. In such a case, the opening bal- ance for the next year shall be
computed by consid- ering the interest amount after TDS. |
|
|
1.
The excess contribution shall be taxable only if the aggregate
amount of contribution made by the employer to the account of employee in a
Recognised Provident Fund, National Pension Scheme and Superannuation Fund
exceeds Rs. 7,50,000. In this situation, the excess amount so contributed is
taxable as perquisite in the hands of employee.
2.
Notification No. 95/2021, dated 31-08-2021
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