Professional Tax in Manipur
Professional Tax in Manipur
Professional tax is a form of taxation imposed on the income-earning residents of India’s states. The task of implementing this tax system is vested with the respective state governments, which explains the rationale behind the differences in tax rates between the states. The amount deposited by the taxpayer under this provision qualifies for deduction under the Income Tax Act. This article looks at the various aspects of Professional Tax in Manipur.
Methodology and Purpose of Implementation
Professional taxes are imposed by the Municipal Corporations of the concerned state governments to garner revenues for infrastructural development and other welfare measures. The tax rates, as already previewed, vary from state to state. However, the maximum quantum of the levy is affixed at Rs. 2,500. The tax rate is generally calculated based on the salary of the taxpayer.
Professional tax is primarily governed by Article 276 of the Indian constitution. Provisions for the same in the State of Manipur are implemented following The Manipur Professions, Trades, Callings, and Employments Act of 1981.
It is noteworthy that the state governments may choose to formulate laws about the Concurrent and State list, while the formulation of regulations about the Union list is entirely vested with the Parliament.
Article 276, quoted for your reference:
Article 276 of the Constitution of India states that “there shall be levied and collected a tax on professions, trades, callings, and employments, following 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.”
In the realms of professional tax, the onus of tax payments is vested with the following categories of persons:
- Self-employed professionals.
According to this provision, employers are mandated to don the employees’ gloves and remit tax payments on their behalf after deducting the portion of liability from their salaries. To fulfill this obligation, employers must apply for and receive the Certificate of Registration and Enrollment. The registration norms stipulate that separate registrations must be obtained for every stage of business operation, whether or not it is a part of the same entity. Employers who have attained the status of designated authorities may remit their payments to the treasury through banking means. The likes of others may do so at a venue decided by the designated authorities.
As for the timeline of payment, employers with more than 20 employees must sort out their liabilities within 15 days from the end of the month, and those with less than 20 employees at their disposal may do the same every quarter; which to precisely state the 15th of the following month from the end of the quarter.
Residents who aren’t salary earners but are recipients of income through other sources are necessitated to make their tax payments.
Note: These tax remittances should be followed by the filing of returns, which is to be pursued by both categories of taxpayers.
As already emphasized, employers must obtain a Certificate of Registration and a Certificate of Enrollment to facilitate deducting tax from the employee’s salary. While the former needs to be obtained immediately, the document concerning enrolment must be received within 30 days of the enterprise’s establishment date.
Professional tax isn’t applicable for:
- Taxpayers above the age of 65.
- A physically challenged person with 40% permanent physical disability or blindness.
- Parent or guardian of a child who is physically challenged or mentally retarded.
- Foreigners employed in an Indian company.
The following documents must be produced while applying for the Certificate of Registration:
- Memorandum of Association (MOA)
- Articles of Association (AOA)
- PAN Card
- Proof of Identity
- Proof of Address
- Lease Agreement
Rates Prevalent in Manipur
The State Government of Manipur has come up with the following rates of tax levy:
|Salary Earned||Amount of Levy|
|Up to 50000||Nil|
|Between 50001 To 75000||Rs.1200|
|Between 75001 To 100000||Rs. 2000|
|Between 100001 To 125000||Rs. 2400|
|Above 125001||Rs. 2500|
The Indian tax laws are not known for their leniency when dealing with defaults, considering that tampering with tax payments deprives the government of its primary source of revenue. In this respect, non-compliance with this provision results in the following consequences:
- Delay in obtaining the Registration Certificate – Rs. five for every day of delay (for an employer), and Rs. two for every day of delay (for employees).
- Non-payment or delayed professional tax payment – a penalty of 2% per month (to be calculated from the total outstanding). Non-payment for a specific period may attract a penalty of 10% of the total tax due.
- Incorrect or false information – three times the actual tax payable.