Professional tax is the tax by the state governments in India. Professional Tax is a tax levied on professions and trades in India. The owner of a business is responsible to deduct professional tax from the salaries of his employees and pay the amount so collected to the appropriate government department.
Anyone practicing a profession such as chartered accountant, company secretary, lawyer, doctor etc. are required to pay this professional tax.
Different states have different rates and methods of collection. In India, professional tax is imposed at the state level. The states which impose professional tax are Karnataka, Bihar, West Bengal, Andhra Pradesh, Telangana, Maharashtra, Tamil Nadu, Gujarat, Assam, Chhattisgarh, Kerala, Meghalaya, Odisha, Tripura, Madhya Pradesh, and Sikkim.
Business owners, working individuals, merchants and people carrying out various occupations comes under the purview of this tax.
Applicability of Professional Tax as per the Constitution of India: Article 276 of the Constitution of India provides that “there shall be levied and collected a tax on professions, trades, callings and employments, in accordance with the provisions of this Act. Every person engaged in any profession, trade, calling or employment and falling under one or the other of the classes mentioned in the second column of the Schedule shall be liable to pay to the State Government tax at the rate mentioned against the class of such persons in the third column of the said Schedule.
Provided that entry 23 in the Schedule shall apply only to such classes of persons as may be specified by the State Government by notification from time to time.”
An employer organization is required to get registered and take profession tax number (PTRC). PTRC gives a power to the company to deduct Professional tax from the Employee’s salary and paid it same to the Government.
Every person doing any business or profession is liable to obtain a Certificate of Enrolment from the Profession Tax Authority. Once this certificate is obtained a person is liable to pay profession Tax. PTEC is the corporate liability of the company.