Taxability of Provident Fund -Recognized, Unrecognized & Statutory
Posted In Income Tax | Articles, Featured | 25 Comments
Tax treatment of Recognized Provident FUND
(RPF), Unrecognized Provident Fund
(URPF), Statutory Provident Fund (SPF)
Section 10(11) and 10(12) of the Act DEAL with exemption on payments from provident funds, while section 80C of the act deals with allowance of deductions on contributions to provident funds. The following are the types of provident funds. 1. Recognized Provident FUND (RPF): This scheme is applicable to an organization which employs 20 or more employees. An organization can also voluntarily opt for this scheme. All RPF schemes must be approved by The Commissioner of Income Tax. Here the company can either opt for government approved scheme or the employer and employees can together start a PF scheme by forming a Trust. The Trust so created shall INVEST FUNDS in specified manner. The income of the trust shall also be exempt from income taxes. 2. Unrecognized Provident Fund (URPF): Such schemes are those that are started by employer and employees in an establishment, but are not approved by The Commissioner of INCOME TAX . Since they are not recognized, URPF schemes have a different tax treatment as compared to RPFs. 3. Statutory Provident Fund (SPF): This Fund is mainly meant for Government/University/EDUCATIONAL INSTITUTES (affiliated to university) employees. 4. Public Provident Fund (PPF): This is a scheme under Public Provident Fund Act 1968. In this scheme even self-employed persons can make a contribution. The minimum contribution is Rs.500 per annum and the maximum contribution is Rs. 100,000 per annum. The contribution made along with interest earned is repayable after 15 years, unless extended. Tax treatment of Provident Fund can be discussed under two scenarios: o One during continuity of job, and o Upon receipt of accumulated balance of provident fund at the time of retirement or resignation
Summarized table showing tax treatment of provident
funds FUN During Continuity of Job Upon Retiremen D Employers Repayment of sum on Employees Interest on Contributio retirement, resignation Contribution Provident Fund n or TERMINATION RPF Deduction Exempt upto Exempt upto 9.5%. Nothing is taxable subject under Section 12% of Interest EXCEEDIN to following conditions: 80C is Salary. Thus G 9.5% shall be 1. Employee left the available. Contribution added to employees job after five years of made by Salary Income. service OR employer 2. Where PERIOD exceeding of service less than 5
12% shall be added to employees salary Income.
years, the termination
is due to ill health, discontinuance of business of employer. OR 3. here on reemployment, the balance in R.P.F is transferred to R.P.F with new employer. [For the purpose of computing 5 years period, Period of services rendered with previous employer shall also be included.]
URPF No deduction under SECTIO N 80C available
Any amount Not taxable
of contribution is not taxable
SPF
Fully
Deduction
Fully Exempt
If none of the above
conditions are satisfied then: 1. The amount not taxed earlier shall be taxed in the SAME manner as URPF, given below. 2. Any TAX conces sion (e.g. 80C) availed by assesses for contribution to RPF shall now be withdrawn. Sum received on retirement/ TERMINATIO N comprise of following:Employers Contribution and interest there on: Taxable as Salary Income. Employees own Contribution : It is not taxable. Interest on employees contribution: Taxable as income from other sources. Fully Exempt
PPF
under Section Exempt
80C is available. Assessee / Employee can make contribution to PPF, No concept of Employers Contribution. Deduction under section 80C available on contribution made.
Amount received (including interest) is Fully Exempt.