20% tds for no pan and aadhaar

If you earn Rs 2.5 lakh per annum and have not provided your PAN and Aadhaar details to your employer, you are likely to be in trouble if you fail to act soon. The Income Tax Department has asked employers to deduct 20 per cent salary as Tax Deducted at Source (TDS) from all employees who fail to furnish Pan and Aadhaar details.

This rule was formulated by the Central Board of Direct Taxes (CBDT) and came into effect on January 16. The rule will be applicable to those who earn more than Rs 2.5 lakh per annum.

This rule is aimed at keeping a close eye on TDS payments and revenue earned by this segment. In the financial year 2018-19, revenue from this segment amounted to around 37 per cent of the total direct tax collection.

In its 86-page page circular, the CBDT has said employees have to quote PAN and Aadhaar details compulsorily as per the Section 206-AA of the Income Tax Act.

The circular reads, "Section 206AA in the Act makes furnishing of PAN or Aadhaar number, as the case may be, by the employee compulsory in case of receipt of any sum or income of amount, on which tax is deductible."

The circular also states that if an employee fails to provide these details, the employer is responsible to make deductions either at the tax rate on the employee's salary or 20 per cent or above.

THE CALCULATIONS

In case, your income is less than Rs 2.5 lakh per annum, no tax will be deducted.

After several deductions, if your salary attracts approximately 20 per cent tax, the TDS rate of 20 per cent will apply.

In case your salary attracts a 30 per cent tax rate, your employer will compute the average tax rate, i.e., employee's total tax liability divided by total annual income. If the average tax rate turns out to be 20 per cent, the TDS would be 20 per cent.

However, employees will be exempted from paying education and health cess at 4 per cent rate in case the deduction made is at a higher rate.

WHY THIS RULE?

The CBDT says the lack of PAN or Aadhaar details is creating problems in giving credit.

Tax deducters are, therefore, advised to collect and quote correct Aadhaar or PAN details in the TDS statements for salaries in the Form 24Q, which is for tax deducted from salaries. more  

Good move by CBDT. more  
I welcome this move. There is no reason why the PAN card and AADHAAR can't be linked...it is sheer lethargy or carelessness on the part of the employee...this rule was in force in bank accounts where TDS was to be effected at 20% if PAN was not provided...and a PAN that is not linked to Aadhaar will sooner or later become invalid. Even if the TDS is affected, the employee can file a return and claim refund. No refund has been denied to any genuine deserving case. more  
Even after deduction of 20% TDS & any employee do not furnish PAN & Aadhar, how to account the amount? Penalty should be the highest tax rate so that an individual should feel the pain of punishment. more  
Better punishment is not to disburse the next month's salary unless the employee submits PAN and AADHAAR details...even if they are not right now linked. more  
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