Payroll that just works, every single month.
Payroll is where the biggest compliance risks compound silently. Under Section 192 of the Income Tax Act 1961, every employer paying taxable salary must deduct TDS at the average rate on estimated income — not a flat rate. FY 2025-26 new regime slabs (default under Section 115BAC): Nil ₹4L · 5% ₹4-8L · 10% ₹8-12L · 15% ₹12-16L · 20% ₹16-20L · 25% ₹20-24L · 30% above ₹24L. Standard deduction ₹75,000. Section 87A rebate up to ₹60,000 for taxable income ≤ ₹12L makes ₹12.75 lakh effectively tax-free. Plus PF (12%+12%) under EPF Act 1952, ESI (0.75%+3.25%) under ESI Act 1948, Professional Tax (Article 276, max ₹2,500/year), gratuity (₹20L cap under Section 10(10)), Form 24Q quarterly, Form 16 by 15 June. 4 Labour Codes commenced 21 November 2025 mandate basic + DA ≥ 50% of gross — CTC restructuring required. IT Act 2025 from 1 April 2026 renumbers Section 192 to Section 392 and Form 16 to Form 130. Miss any deadline: Section 234E ₹200/day + Section 201(1A) 1.5%/month + Section 272A(2)(g) ₹100/day/certificate + Section 276B prosecution. We handle it all.
- Section 192 monthly salary TDS computation (new regime default)
- PF (12%+12%) + ESI (0.75%+3.25%) + PT + LWF calculation & deposit
- Form 24Q quarterly filing + Form 16 (or Form 130) generation
- Payslip generation + salary register + reimbursement processing
- Full & final settlement + gratuity + leave encashment on exit
- Employee self-service portal + investment proof collection
The payroll framework in 2026
Multiple parallel laws govern payroll: IT Act (Section 192 TDS), EPF Act 1952 (PF), ESI Act 1948 (ESI), Article 276 Constitution (PT), Payment of Gratuity Act 1972, and 4 Labour Codes (from 21 Nov 2025).
Every employer has multi-law compliance obligations:
- All employers paying taxable salary — Section 192 TDS mandatory, quarterly Form 24Q, annual Form 16
- ≥ 20 employees — PF mandatory (EPF Act 1952)
- ≥ 10 employees (most states) — ESI mandatory (ESI Act 1948)
- State-based — Professional Tax (Article 276, 20 states)
- ≥ 10 employees — Gratuity applicable (Payment of Gratuity Act 1972)
- All employers — 4 Labour Codes compliance from 21 Nov 2025
FY 2025-26 new regime slabs (default under Section 115BAC):
- Nil up to ₹4L · 5% ₹4-8L · 10% ₹8-12L
- 15% ₹12-16L · 20% ₹16-20L · 25% ₹20-24L · 30% above ₹24L
- Standard deduction ₹75,000 (up from ₹50K)
- Section 87A rebate up to ₹60,000 for income ≤ ₹12L
- Effectively ₹12.75 lakh tax-free
Statutory contribution rates:
- PF: Employee 12% + Employer 12% (of basic + DA); EPS cap ₹1,250/mo
- ESI: Employee 0.75% + Employer 3.25% (of full wages)
- Gratuity: (last basic + DA) × 15/26 × years; cap ₹20L
- PT: State-specific, max ₹2,500/year
Enforcement:
- Section 234E · ₹200/day late Form 24Q
- Section 201(1A) · 1.5%/month interest on non-deposit
- Section 272A(2)(g) · ₹100/day/certificate for missing Form 16
- Section 276B · Prosecution for wilful non-deposit
Set up payroll retainer if you...
- You employ 1-500+ employees and need Section 192 TDS computation monthly under new regime default (Section 115BAC) · miss it = Section 234E ₹200/day + Section 201(1A) 1.5%/month interest
- You have PF applicability (≥ 20 employees) or ESI applicability (≥ 10 employees) — statutory deductions of PF 24% (both sides) + ESI 4% (both sides) must be deposited by 15th monthly · UAN linkage mandatory
- You want Form 16 delivered to every employee by 15 June (mandated) — even resigned employees · missing it triggers Section 272A(2)(g) penalty ₹100/day per certificate
- You need professional tax deducted state-wise (Maharashtra, Karnataka, WB, TN, Gujarat, etc.) — max ₹2,500/year under Article 276 · slab rates state-specific with 2025-26 revisions
- You want full and final settlement on employee exit — gratuity if 5+ years service (₹20L cap · Section 10(10)), leave encashment (₹25L cap · Section 10(10AA)), notice pay, PF/ESI closure
- You need compliance with 4 Labour Codes (commenced 21 Nov 2025) — Wages, Industrial Relations, Social Security, OSH & Working Conditions · uniform wage definitions require CTC restructuring
Skip payroll retainer if you...
- You're a solo founder / freelancer / sole proprietor without employees — no payroll obligations; direct income under business/professional head
- You employ only contract labour on Section 194C — TDS on payments (not salary), no PF/ESI, use TDS Return service instead
- You have < 10 employees + all salaries below tax exemption limit — no Section 192 TDS obligation (but Form 16A for other payments still applies)
- You use a professional employer organisation (PEO) or full-fledged payroll company — likely covered end-to-end; check overlap before adding retainer
- You already have an in-house HR + finance team running payroll on Zoho People/Keka/GreytHR with statutory expertise — get in touch only if you want a compliance review
What full payroll compliance actually delivers
Every benefit anchored to specific Sections of IT Act, EPF Act 1952, ESI Act 1948, Payment of Gratuity Act 1972, and 4 Labour Codes · reflecting new regime FY 2025-26 slabs and IT Act 2025 transition.
Section 192 · Monthly Salary TDS
Under Section 192 of the Income Tax Act 1961, every employer paying taxable salary must deduct TDS at the average rate of income tax — not a flat rate. Employer estimates the employee's full-year income, applies applicable slab rates (new regime default under Section 115BAC or old regime if opted out via Form 10-IEA), computes annual tax, and divides across remaining months. For FY 2025-26, new regime slabs are: Nil up to ₹4L · 5% ₹4-8L · 10% ₹8-12L · 15% ₹12-16L · 20% ₹16-20L · 25% ₹20-24L · 30% above ₹24L. Standard deduction ₹75,000. Section 87A rebate up to ₹60,000 for taxable income ≤ ₹12L (effectively ₹12.75L tax-free). Plus 4% cess. TDS deposit by 7th of next month (March by 30 April). Missing triggers Section 201(1A) 1.5%/month interest + Section 234E ₹200/day late fee + Section 276B prosecution risk.
PF · Employees' Provident Fund (EPF Act 1952)
Mandatory for establishments with ≥ 20 employees. Employee contributes 12% of (basic + DA), employer contributes 12% split as 8.33% to EPS (Employee Pension Scheme, capped at ₹1,250/month for ₹15,000 wage ceiling) and balance to EPF account. Employer also pays 0.5% admin charge (minimum ₹500/month). UAN (Universal Account Number) mandatory for every employee. Monthly deposit by 15th of next month via ECR (Electronic Challan-cum-Return) on EPFO portal. Withdrawal permitted after 2 months of leaving service. Missing PF deposit triggers damages under Section 14B up to 100%, interest under Section 7Q at 12%/year, and prosecution under Section 14 of EPF Act.
ESI · Employees' State Insurance (ESI Act 1948)
Employee contributes 0.75% of wages, employer contributes 3.25% of wages — total 4%. Wage ceiling ₹21,000/month (₹25,000/month for persons with disabilities). Applies if establishment has ≥ 10 employees in most states (some states 20). Deposit by 15th of next month on ESIC portal. Benefits include sickness benefit (91 days), maternity benefit (26 weeks fully paid for first 2 confinements), disablement benefit, dependants' benefit, funeral expenses, and medical coverage at ESIC dispensaries/hospitals. Once wage exceeds ₹21K mid-period, contribution continues until contribution period ends. Non-compliance triggers penalty under Section 85 + interest under Section 39.
Form 24Q + Form 16 · Quarterly Cycle
Form 24Q is the quarterly TDS return for salary. Filed 4 times a year: Q1 (Apr-Jun) by 31 July, Q2 (Jul-Sep) by 31 October, Q3 (Oct-Dec) by 31 January, Q4 (Jan-Mar) by 31 May. Q4 requires Annexure II with employee-wise detailed salary + deduction breakdown — this becomes the source for Form 16. Form 16 (or Form 130 under IT Act 2025 from 1 April 2026) must be issued to every employee — including resigned employees — by 15 June each year. Form 16 Part A generated from TRACES portal, Part B prepared by employer with salary details. Missing Form 16 triggers Section 272A(2)(g) penalty ₹100/day per certificate not issued.
Professional Tax + LWF · State-Level Compliance
Professional Tax is state-level tax under Article 276 of the Constitution with maximum ₹2,500/year cap. Slabs state-specific: Maharashtra (revised March 2026), Karnataka (revised April 2025), Tamil Nadu, West Bengal, Andhra Pradesh, Telangana, Gujarat, Madhya Pradesh, Kerala, Odisha, Assam. Delhi, Haryana, UP, Uttarakhand, Rajasthan, HP, J&K, Punjab (partially) have no PT. Deposit monthly/half-yearly based on state. Labour Welfare Fund (LWF) similarly state-level: Maharashtra, Karnataka, Kerala, Tamil Nadu, Gujarat, WB, MP, Delhi, Punjab, Haryana, Chandigarh, Chhattisgarh, Odisha, AP, Telangana, Goa. Small contribution (₹6-24/employee/period). Employer + employee shares. Non-compliance state-specific penalties.
Full & Final Settlement · Gratuity + Leave Encashment
On employee exit, complete full and final settlement must be delivered within 30-45 days: pending salary + reimbursements + earned leave encashment + gratuity (if 5+ years service) + notice period adjustment + PF/ESI closure + tax deduction reconciliation. Gratuity under Payment of Gratuity Act 1972: 5+ years continuous service, formula = (last basic + DA) × 15/26 × years, cap ₹20 lakh (private sector), tax-free under Section 10(10). Payable within 30 days of separation. Leave encashment on retirement/resignation: government employees fully exempt, non-government private sector capped at ₹25 lakh under Section 10(10AA) (CBDT Circular 2023). Missing gratuity payment triggers Section 8 penalty under Payment of Gratuity Act.
Coming soon: the monthly payroll cycle
Attendance → salary → TDS → PF/ESI/PT → Form 24Q → Form 16. The complete cycle in 2 minutes.
3-stage payroll lifecycle
Green = monthly cycle (Days 25-15 of every month). Gold = quarterly Form 24Q filings on TRACES. Blue = annual Form 16 delivery by 15 June. Miss = Section 234E ₹200/day + Section 272A(2)(g) ₹100/day/certificate penalties trigger.
Attendance + Data Prep
Biometric/HRMS attendance pulled, leave register updated, LOP calculated, overtime hours captured, reimbursement claims validated, exit/joiner adjustments, variable pay data received.
Salary Computation
Gross salary (basic + DA + HRA + special + allowances + OT + reimbursements + variable). LOP adjustment. Statutory deductions: PF 12% of (basic + DA), ESI 0.75% if applicable, PT state-wise, Section 192 TDS. Other deductions: loans, canteen, notice pay.
Salary Payout + Payslips
Bank NEFT/RTGS file generated. Client approves in banking portal. Salary credited on 1st. Payslips generated + emailed. Employee self-service portal updated.
TDS Deposit
Section 192 TDS computed across all employees. Challan 281 generated on IT portal. Deposit via net banking (target Day 5 for 2-day buffer). BSR code + challan number captured for Form 24Q.
PF + ESI + PT + LWF
PF ECR file uploaded to EPFO portal + deposit. ESI challan on ESIC portal + deposit. PT deposited per state schedule. LWF if applicable. UAN validation.
Form 24Q + Annexure II
Q1 by 31 Jul, Q2 by 31 Oct, Q3 by 31 Jan, Q4 by 31 May (with Annexure II employee-wise). Filed on TRACES. Q4 basis for Form 16 generation.
Payroll obligations — 6 scenarios
Documents for payroll + statutory
Employee master + salary setup + statutory registrations. Most clients share via secure portal or shared drive. Payroll software (Zoho/Keka/GreytHR/Razorpay) integrated with biometric attendance for ~60% automated data flow.
Employee Master Data
- PAN + Aadhaar of every employee
- UAN (Universal Account Number) for PF
- ESI IP number (if applicable)
- Bank account (IFSC + account) for salary credit
- Address + contact + emergency contact
- Family/dependents (for tax rebate calc)
Salary + Statutory Setup
- Offer letter + appointment letter (CTC breakup)
- Basic + DA + HRA + special allowance structure
- PF/ESI/PT applicability decisions
- Attendance + leave policy
- Form 10-IEA if opting for old regime
- Form 12BB investment declarations (annual)
Employer Registration + Access
- EPFO establishment code + admin login
- ESIC employer code + admin login
- State PT registration certificate
- TAN of employer for TDS
- DSC for return filings
- Payroll software access (Zoho/Keka/Razorpay/GreytHR)
Calculate take-home + compare regimes
Enter CTC, basic percentage, HRA percentage, and 80C investments. See exact take-home under both new and old regimes side-by-side. Auto-applies Section 87A rebate, PF/ESI deductions, standard deductions, and recommends optimal regime.
In-house payroll vs TP retainer vs full HRMS · Which fits your team size?
16 dimensions comparing our fully-managed payroll retainer vs hiring in-house payroll executive vs implementing full HRMS platform. Choose based on team size, compliance risk tolerance, and cost sensitivity.
| Criteria | TP Payroll Retainer | In-house Payroll Executive | Full HRMS (Keka/GreytHR) |
|---|---|---|---|
| Best for team size | 1-500 employees | 100+ employees | 50+ employees |
| Monthly cost per employee | ₹99-₹299 | ₹500-₹1,500 (loaded salary) | ₹150-₹500 |
| Section 192 TDS accuracy | CA-reviewed monthly | Depends on executive skill | Software-driven, manual override |
| PF (12%+12%) + Admin 0.5% | Auto-computed + deposited | Manual entry, risk of errors | Auto with configuration |
| ESI (0.75%+3.25%) | Auto-computed + deposited | Manual, ceiling errors common | Auto |
| Professional Tax state-wise | All 20 states supported | State-by-state manual setup | Most states supported |
| Form 24Q quarterly + Form 16 | Included, delivered by 15 May/June | Executive prepares, CA reviews | Auto-generated, review needed |
| Full & final settlement | Gratuity + leave encashment | Manual computation | Configurable, prone to errors |
| Payslip + employee portal | Included | Excel or manual PDF | Full self-service portal |
| Investment proof verification | Jan-Feb by CA team | HR verifies, tax risk | Employee uploads, HR verifies |
| Labour Codes compliance | CTC restructuring + advisory | Executive may lack expertise | Framework updates + advisory needed |
| Statutory return filing | Bundled — 24Q, PF, ESI, PT | Manual, CA fees separate | PF/ESI auto, TDS via CA |
| Section 201(1A)/234E penalty risk | Zero across 400+ client-mo | Depends on executive | Configuration + oversight needed |
| IT Act 2025 (Sec 392/Form 130) ready | Yes · from 1 April 2026 | Depends on training | Software update cycle |
| Query response time | Same-day WhatsApp | Real-time (in-house) | Support ticket 24-48 hrs |
| Total annual cost (30 employees) | ₹36K-₹1L | ₹6-15L (salary + benefits) | ₹90K-₹2L + implementation |
India payroll map · 6 frameworks in one chart
Every payroll compliance categorised by law: Section 192 salary TDS with new regime slabs, PF (EPF Act 1952), ESI (ESI Act 1948), Professional Tax + LWF (Article 276), Gratuity + F&F (Payment of Gratuity Act 1972), and 4 Labour Codes (commenced 21 Nov 2025). IT Act 2025 transition banner. Section 234E/201(1A)/272A(2)(g)/276B enforcement.
Sign-up to first Form 16 · The 12-month path
4 critical milestones. From employee master setup (Days 1-3) to first Form 16 delivery (June of next year). Standard monthly cycle by Day 15. Quarterly Form 24Q. Annual reconciliation.
Setup employee master + payroll config
Migrate all employees to payroll software (Zoho People / Keka / GreytHR / Razorpay Payroll). Employee master with PAN, UAN, ESI IP, bank details. CTC breakup validated. Basic + DA + HRA + special allowance structure aligned with new Labour Codes uniform wage definition (50% wages minimum). Statutory deductions configured (PF/ESI/PT applicability by state).
Wrong basic ratio at setup = higher PF liability laterInvestment declarations + first computation
Collect Form 10-IEA (if opting for old regime), Form 12BB investment declarations, HRA rent receipts. Compute first month's salary + TDS under new regime default (unless opted out). Reconcile with previous employer if mid-year joiners. PF/ESI wage validation. PT applicability by state confirmed.
Missing Form 12BB = higher monthly TDS unnecessarilyFirst salary payout + statutory deposits
Payslips generated + salary credited by 1st-3rd of next month. TDS challan deposited by 7th. PF ECR filed by 15th. ESI challan deposited by 15th. PT deposited per state schedule. Employee self-service portal activated. Query resolution SLA established.
Late deposit triggers 1.5%/month interest + ₹200/day late feeForm 24Q quarterly + Form 16 annual
Q1 Form 24Q by 31 July · Q2 by 31 October · Q3 by 31 January · Q4 by 31 May (with Annexure II employee-wise). Form 16 delivered to every employee by 15 June (including resigned employees). Annual proofs verification in Jan-Feb. FY-end tax reconciliation and full & final settlements as needed.
Missing Form 16 = ₹100/day per certificate under Section 272A(2)(g)6 common payroll mistakes — and how to avoid them
#1 fatal: using old regime slabs when new regime is default. Costliest: missing Section 87A rebate up to ₹60,000 per employee. Trap: Form 16 miss cascading Section 272A(2)(g) + 234E + 201(1A).
Using old regime slabs when new regime is default
The most common Section 192 computation error post-Budget 2025. From FY 2023-24 onwards, the new tax regime under Section 115BAC is the DEFAULT. Employees must actively opt for the old regime by submitting Form 10-IEA at the start of the financial year. Employers who continue applying old regime slabs (Nil ₹2.5L → 30% ₹10L+) instead of new regime (Nil ₹4L → 30% ₹24L+) end up over-deducting TDS by ₹30,000-₹1,50,000/year per employee, causing refund disputes + employee dissatisfaction. On employer side, Section 201 makes employer liable for short deduction if the regime is misapplied.
Missing Section 87A rebate up to ₹60,000
The Section 87A rebate under new regime FY 2025-26 provides up to ₹60,000 rebate for taxable income up to ₹12 lakh. Effectively ₹12.75 lakh tax-free with standard deduction of ₹75,000. Common error: payroll software or executives compute tax at slab rates without applying rebate → employee pays ₹60,000 unnecessary tax + files refund next year. Refund cycle can take 6-12 months, hurting employee cash flow + employer credibility. Ripple effect: employees at ₹12L may end up with net tax of ₹15,000 correctly, but wrong configuration shows ₹75,000 → 5x extra deduction.
PF wage split wrong under new Labour Codes
The 4 Labour Codes commenced 21 November 2025 — including the Code on Wages 2019 which introduced a uniform "wages" definition: basic + DA + retaining allowance, with cap at 50% of gross monthly. Many employers keep artificially low basic (say 30% of CTC) to reduce PF liability. Under new Codes, if basic + DA < 50% of gross, the shortfall gets added to wages for PF/ESI/gratuity computation. Consequence: sudden 40-60% jump in employer PF liability + gratuity provision + ESI base. Non-compliance = damages under EPF Act Section 14B (up to 100% of dues).
Missing Form 16 deadline (15 June)
Under Rule 31(1)(a) of Income Tax Rules, employers must issue Form 16 to every employee — including those who resigned mid-year — by 15 June each year. Missing this triggers Section 272A(2)(g) penalty of ₹100/day per certificate. For 50 employees, 30-day delay = ₹1,50,000 penalty. Common failure: Q4 Form 24Q not filed by 31 May → Form 16 Part A not generatable from TRACES → domino effect. Or Part B (salary details) prepared but not delivered because "email bounced" for resigned employees.
Ignoring TDS on non-cash perquisites (Rule 3)
Perquisites under Section 17(2) valued per Rule 3 of IT Rules must be added to salary for TDS. Common perks missed: company car (₹1,800-₹2,400/month depending on cc + fuel), rent-free accommodation (10-15% of salary), free/concessional loans (SBI interest rate less actual), ESOP exercise gains, employer PF contribution > 12% of basic, free education for children, club memberships. Missing perk taxation = under-deduction → employer liable under Section 201 + interest + penalty when discovered in scrutiny.
Not aligning to IT Act 2025 transition (Sec 392 + Form 130)
From 1 April 2026 (Tax Year 2026-27), the Income Tax Act 2025 renumbers Section 192 to Section 392 and replaces Form 16 with Form 130. Assessment Year and Previous Year concepts replaced by Tax Year. Underlying computation methodology unchanged, but forms, section references, and portal updates require software + process updates. Employers who don't transition risk filing under wrong section (rejected), issuing wrong certificate (Form 16 vs Form 130), or citing outdated section in litigation/notice replies.
Pick your plan
1-10 employees? ₹3,000/mo Small Team. 11-50 employees? ₹7,500/mo Growth Team (self-service portal + F&F). 51+ employees? ₹15,000/mo Enterprise (ESOP + dedicated payroll manager).
- Section 192 TDS computation monthly
- PF (12%+12%) + ESI (0.75%+3.25%) calculation
- Professional Tax deduction (all 20 states)
- Payslip generation + salary register
- PF ECR + ESI challan filing
- Form 24Q quarterly filing (all 4 quarters)
- Form 16 by 15 June
- Investment proof collection + verification
- Additional employees at ₹99/month · Full & final on exit ₹1,999 per case
- Everything in Small Team Plan +
- Employee self-service portal
- Comparative TDS (new vs old regime) per employee
- Section 87A rebate optimization
- Perquisite valuation (Rule 3) — car, RFA, loans
- Bonus + variable pay processing
- Gratuity + leave encashment settlement
- Full & final settlement (unlimited exits)
- Labour Codes CTC restructuring advisory
- Quarterly payroll review call
- Additional employees at ₹149/month · Reimbursement portal separate
- Everything in Growth Team Plan +
- Multi-state professional tax + LWF
- ESOP taxation + Sec 17(2) perks specialised
- Sec 194R (benefits & perquisites TDS)
- International secondment payroll (if applicable)
- Provident Fund trust management support
- Statutory audit + labour code audit support
- Dedicated payroll manager + HR business partner
- Monthly HR + finance reports
- IT Act 2025 (Sec 392 + Form 130) migration
- Additional employees at ₹199/month · Restructuring separately quoted
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Leave your number and a good time — we call within business hours (Mon–Sat, 10 am–7 pm) about Payroll Services.
Payroll desk
The Tax Paramarsh desk
"Payroll is where the biggest compliance risks compound silently. A single miscomputed Section 192 TDS can cascade: over-deduction = employee cash flow hurt + refund disputes; under-deduction = Section 201 assessee-in-default, 1.5%/month interest, prosecution risk. The Budget 2025 revised new regime slabs significantly: Nil ₹4L, 5% up to ₹8L, 10% up to ₹12L, then 15%/20%/25%/30% up to ₹24L+. Standard deduction jumped to ₹75,000 (from ₹50K). But the game-changer is Section 87A rebate up to ₹60,000 for taxable income ≤ ₹12L — employees earning up to ₹12.75 lakh pay ZERO tax. Employers using old regime slabs (₹2.5L basic exemption) over-deduct by ₹30,000-₹1.5L per employee unnecessarily. Then there's PF under EPF Act 1952: 12% employee + 12% employer, split 8.33% EPS (capped ₹1,250/mo for ₹15K ceiling) + balance EPF, admin 0.5% (min ₹500). Mandatory ≥ 20 employees. Non-compliance: Section 14B damages up to 100%. ESI under ESI Act 1948: 0.75% employee + 3.25% employer, wage ceiling ₹21,000/month. Then Professional Tax under Article 276 (max ₹2,500/year, 20 states), Gratuity (5+ years, ₹20L cap under Section 10(10)), Leave encashment (₹25L cap under Section 10(10AA)), Bonus (Payment of Bonus Act 1965). The 4 Labour Codes commenced 21 November 2025 — Code on Wages, Industrial Relations, Social Security, OSH. Uniform "wages" definition: basic + DA + retaining allowance with cap 50% of gross. Employers keeping basic at 30% must restructure — 40-60% jump in PF/gratuity/ESI base. Then Form 24Q quarterly (Q4 with Annexure II), Form 16 by 15 June to all employees including resigned. Miss = Section 272A(2)(g) ₹100/day/certificate. 50 employees × 30 days = ₹1.5 lakh penalty. Big transition: Income Tax Act 2025 from 1 April 2026 — Section 192 → Section 392, Form 16 → Form 130, Tax Year replaces AY/PY. Underlying methodology unchanged, but software + processes need updating now. Our retainer handles the full stack: Section 192 TDS with comparative regime analysis, PF/ESI/PT deposits by 12th-13th (2-3 day buffer before 15th), Form 24Q filed by 15th of return month, Form 16 delivered by 5-10 June, Labour Codes CTC advisory, Section 87A rebate optimization per employee. Boring is the goal in payroll."
What businesses say after our payroll retainer
Common questions
Straight answers on 2026 payroll + Section 192 salary TDS + PF/ESI/PT + Form 16. Still curious? WhatsApp us anything.
What is Section 192 salary TDS and how is it calculated?
Section 192 of the Income Tax Act 1961 requires every employer paying salary above the basic exemption limit to deduct income tax before payment and deposit with the government monthly. Unlike other TDS sections (194, 195), Section 192 has no flat rate — TDS is calculated at the average rate of income tax applicable to the employee's estimated total income for the year.
Step-by-step calculation:
- Estimate gross annual salary: basic + DA + HRA + bonus + commission + special allowance + perquisites (Rule 3 value)
- Subtract exemptions: HRA exemption under Section 10(13A), LTA (twice in 4-year block), leave encashment (up to ₹25L), gratuity (up to ₹20L)
- Subtract standard deduction: ₹75,000 (increased from ₹50K in Budget 2024)
- Subtract deductions (only if old regime chosen): 80C (₹1.5L), 80D (₹25K-₹1L), NPS 80CCD(1B) (₹50K), etc.
- Compute tax on net figure using slab rates (new regime default under Section 115BAC unless Form 10-IEA opts out to old regime)
- Apply Section 87A rebate (up to ₹60,000 if income ≤ ₹12L under new regime)
- Add 4% Health and Education Cess on tax
- Divide by remaining months in the FY to arrive at monthly TDS
FY 2025-26 new regime slabs:
- Nil up to ₹4,00,000
- 5% on ₹4,00,001 – ₹8,00,000
- 10% on ₹8,00,001 – ₹12,00,000
- 15% on ₹12,00,001 – ₹16,00,000
- 20% on ₹16,00,001 – ₹20,00,000
- 25% on ₹20,00,001 – ₹24,00,000
- 30% above ₹24,00,000
Example — ₹15L annual salary, new regime:
- Gross ₹15,00,000 - Standard deduction ₹75,000 = Net ₹14,25,000
- Tax: Nil on ₹4L + 5% on ₹4L (₹20,000) + 10% on ₹4L (₹40,000) + 15% on ₹2.25L (₹33,750) = ₹93,750
- Section 87A rebate: NIL (income > ₹12L)
- Add 4% cess: ₹93,750 + ₹3,750 = ₹97,500 annual tax
- Monthly TDS: ₹97,500 / 12 = ₹8,125
Example — ₹12L annual salary, new regime (rebate case):
- Gross ₹12,00,000 - Standard deduction ₹75,000 = Net ₹11,25,000
- Tax on slabs: ₹52,500
- Section 87A rebate applied (income ≤ ₹12L): entire tax rebated
- Effective tax: ZERO
- Monthly TDS: ZERO
Due dates:
- Monthly TDS deposit: 7th of next month
- March TDS deposit: 30 April (extended)
- Form 24Q quarterly: 31 July, 31 October, 31 January, 31 May
- Form 16 to employees: 15 June
When are PF and ESI mandatory for my business?
Provident Fund (EPF Act 1952):
- Applicability: Every establishment with ≥ 20 employees in preceding 12 months (Section 1(3))
- Wage ceiling for mandatory coverage: ₹15,000/month basic + DA
- Employees earning above ₹15K can opt-in voluntarily
- Once establishment is covered, employee count falling below 20 does NOT reduce coverage
- Contributions: Employee 12% + Employer 12% (of basic + DA)
- Employer 12% split:
- 8.33% to EPS (Employee Pension Scheme) — capped at ₹1,250/month for ₹15,000 wage ceiling
- Balance to EPF account
- Admin charge: 0.5% of PF wages, minimum ₹500/month
- UAN: Universal Account Number mandatory for every employee
- Deposit deadline: 15th of next month via ECR on EPFO portal
- Non-compliance: Section 7Q interest at 12%/year, Section 14B damages up to 100% of dues, Section 14 prosecution
ESI (ESI Act 1948):
- Applicability: Establishments with ≥ 10 employees in most states (some states 20)
- Wage ceiling for coverage: ₹21,000/month gross wages (₹25,000 for PwD)
- Once employee crosses ₹21K mid-period, contribution continues till end of contribution period
- Contributions: Employee 0.75% + Employer 3.25% of full wages (not capped at ₹21K for calculation)
- Wage base includes basic + DA + HRA + other allowances (under Labour Codes: uniform "wages" definition applies)
- Deposit deadline: 15th of next month on ESIC portal
- Benefits available after 78 days contribution in first contribution period
ESI benefits:
- Sickness benefit: 70% of daily wage for up to 91 days/year
- Maternity benefit: Fully paid for 26 weeks for first 2 confinements
- Disablement benefit: 90% of daily wage for temporary; permanent disability pension
- Dependants' benefit: Pension to family in case of death due to employment injury
- Funeral expenses: ₹15,000
- Medical benefit: Full medical coverage at ESIC dispensaries and hospitals
- Unemployment allowance: Rajiv Gandhi Shramik Kalyan Yojana
- Most states: 10 employees
- Some factories (Maharashtra, Chandigarh, etc.): 20 employees
- Contract labour also covered under principal employer's ESI code
- Establishments below 20 (PF) or 10 (ESI) can voluntarily register
- Some tender processes require PF/ESI compliance regardless of size
- Employee benefits (pension, medical) may attract talent
States with different ESI thresholds:
Voluntary registration:
What is the difference between new regime and old regime?
The Income Tax Act allows individual salaried taxpayers to choose between two tax regimes each year:
New Tax Regime (Section 115BAC — DEFAULT from FY 2023-24):
- Lower slab rates but very limited deductions
- Standard deduction ₹75,000 available
- Section 87A rebate up to ₹60,000 for income ≤ ₹12L (effectively ₹12.75L tax-free)
- Section 80CCD(2) — employer NPS contribution up to 14% of salary
- Family pension deduction (₹15,000 or 1/3rd, whichever lower)
- NOT available: 80C (₹1.5L PPF/ELSS/insurance), 80D (medical), HRA exemption, LTA, home loan interest under 24, etc.
FY 2025-26 New Regime Slabs:
- Nil up to ₹4L · 5% ₹4-8L · 10% ₹8-12L · 15% ₹12-16L · 20% ₹16-20L · 25% ₹20-24L · 30% above ₹24L
Old Tax Regime:
- Higher slab rates but comprehensive deductions
- Standard deduction ₹50,000
- Section 87A rebate up to ₹12,500 for income ≤ ₹5L
- All traditional deductions available: 80C ₹1.5L, 80D ₹25K-₹1L, 80CCD(1B) ₹50K NPS, HRA exemption, LTA, home loan interest ₹2L, education loan interest under 80E, etc.
Old Regime Slabs (FY 2025-26):
- Below 60: Nil ≤ ₹2.5L, 5% ₹2.5-5L, 20% ₹5-10L, 30% above ₹10L
- 60-80 (Sr Citizen): Nil ≤ ₹3L, then same slabs
- 80+ (Super Sr): Nil ≤ ₹5L, 20% ₹5-10L, 30% above ₹10L
Which regime to choose?
Rough thumb rules:
- Young professionals with limited investments: New regime usually better
- Senior professionals with home loan + full 80C + 80D + HRA: Old regime often better
- Income ≤ ₹12.75L: New regime = zero tax (Section 87A rebate)
- Income ₹12.75L - ₹20L with limited investments: New regime marginally better
- Income ₹20L+ with maxed out 80C/80D/home loan/HRA: Old regime often 10-15% lower tax
How to opt for old regime:
- Submit Form 10-IEA to employer at the start of the financial year
- Once opted for old regime, cannot switch back to new regime mid-year
- Salaried employees can switch each year at start
- Business income taxpayers: one-time choice, revert allowed only once in lifetime
Employer's role:
- Default assumption: new regime for TDS computation
- If Form 10-IEA received: apply old regime
- Employer cannot force one regime on employee
- Comparative computation (new vs old) provided to employees for informed choice
Illustrative comparison — ₹15L annual salary:
- New regime: ₹75K std ded, tax on ₹14.25L = ₹97,500 (incl cess) → Tax ₹97,500
- Old regime with full 80C (₹1.5L) + 80D (₹25K) + HRA (₹1.2L): tax on ~₹11.55L = ₹1,52,880 → Tax ₹1,52,880
- New regime saves ₹55,380 in this case
What are the 4 Labour Codes and how do they affect payroll?
India's 4 Labour Codes consolidate 29 central labour laws into 4 comprehensive codes. All 4 commenced on 21 November 2025:
- Code on Wages 2019 — merges Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, Equal Remuneration Act
- Industrial Relations Code 2020 — merges Trade Unions Act, Industrial Employment (Standing Orders) Act, Industrial Disputes Act
- Code on Social Security 2020 — merges EPF Act, ESI Act, Payment of Gratuity Act, Maternity Benefit Act, Building Workers Act, and 4 others
- Occupational Safety, Health and Working Conditions Code 2020 — merges Factories Act, Mines Act, Dock Workers Act, and 10 others
OSH Central Rules were notified on 8 May 2026 — operational framework for the OSH Code.
Biggest payroll impact — uniform "wages" definition:
- All 4 Codes have the same "wages" definition: basic + DA + retaining allowance
- Excludes: HRA, bonus, employer PF/ESI, conveyance allowance, LTA, overtime, gratuity
- Cap: 50% of gross monthly wages — if basic + DA < 50%, deemed wages are 50% for statutory computation
Consequence — CTC restructuring impact:
- Old practice: keep basic artificially low (30% of CTC) to reduce PF/ESI/gratuity liability
- New practice: basic must be at least 50% of gross
- Result: PF contribution increases 40-60% for employees where basic was previously low
- Similarly ESI base expands, gratuity provision increases, statutory bonus base expands
Example — ₹1L/month CTC restructuring:
- Pre-Codes structure:
- Basic ₹30,000 + HRA ₹15,000 + Special allowance ₹55,000
- PF: 12% × ₹15,000 (capped) = ₹1,800 employee + ₹1,800 employer
- Gratuity provision: 15/26 × ₹30,000 × 1 year = ₹17,300/year
- Post-Codes structure:
- Basic ₹50,000 + HRA ₹15,000 + Special allowance ₹35,000
- PF: 12% × ₹15,000 (capped) = ₹1,800 employee + ₹1,800 employer (still capped for high earners)
- Gratuity provision: 15/26 × ₹50,000 × 1 year = ₹28,850/year
- Statutory bonus base: expanded ~60%
Other Code impacts:
- Gratuity: now applies after 1 year continuous service for fixed-term employees (earlier 5 years for all)
- Maternity: 26 weeks confirmed + creche facility mandatory for 50+ employees establishments
- Overtime: maximum 125 hours/quarter under OSH Code (relaxed from 50 hours/quarter earlier)
- Working hours: 48 hours/week overall, with flexibility of 4-day work week option
- Universal social security: gig and platform workers covered (Rider, Zomato, Uber etc.)
Compliance transition — what employers must do:
- CTC restructure — ensure basic + DA ≥ 50% of gross
- Register under Codes — establishment registration modernised
- Review employment contracts — update terms per Code definitions
- Update HRMS/payroll software — new wage base, new Codes references
- Wages register format — Code-specified format mandatory
- Standing orders — 300+ employee establishments to submit within 6 months
- Grievance redressal — internal committees mandated
What are the total costs for outsourced payroll in 2026?
Our transparent monthly pricing:
- Small Team Plan: ₹3,000/month — for 1-10 employees. Full Section 192 TDS computation, PF + ESI + PT deductions, payslips, Form 24Q quarterly, Form 16 annual, investment proof verification. Additional employees at ₹99/month.
- Growth Team Plan: ₹7,500/month — for 11-50 employees. Everything in Small Team + employee self-service portal, comparative TDS analysis, perquisite valuation, gratuity + leave encashment settlement, unlimited full & final, Labour Codes advisory, quarterly review. Additional employees at ₹149/month.
- Enterprise Plan: ₹15,000/month — for 51+ employees. Everything above + multi-state PT + LWF, ESOP taxation + Sec 194R, PF trust management, dedicated payroll manager + HR business partner, IT Act 2025 migration.
Per-employee effective cost:
- 10 employees on Small Team Plan: ₹3,000 / 10 = ₹300/employee/month
- 30 employees on Growth Team Plan: ₹7,500 / 30 = ₹233/employee/month
- 100 employees on Enterprise Plan: ₹15,000 / 100 = ₹150/employee/month
Plus GST @ 18% on our fees (fully available as ITC).
What's NOT included in monthly fees:
- Statutory deposits (paid on your behalf but debited to your account) — TDS, PF, ESI, PT, LWF as computed
- Payroll software license (Zoho People, Keka, GreytHR, Razorpay Payroll) — separately ₹0-₹200/employee/month depending on choice
- Custom development / integrations
- Legal/labour code litigation
- Full & final beyond plan quota (Small Team: ₹1,999/case)
Cost comparison vs in-house payroll executive:
- Junior payroll executive: ₹3.5-6L/year salary + PF/ESI + gratuity + software + supervision = ₹5-9L/year for 30 employees
- Senior payroll executive (100+ employees): ₹7-15L/year total
- Our Growth Team Plan (30 employees, annual): ₹84,000 + GST
- Saving: 80-92% vs in-house for growing SMEs
Cost comparison vs full HRMS platform:
- Keka: ₹300-₹500/employee/month + implementation ₹50K-₹2L
- GreytHR: ₹150-₹400/employee/month + implementation
- Zoho People + Payroll: ₹200-₹350/employee/month
- Our plans: ₹99-₹299/employee/month (fully managed with CA oversight)
Break-even math — one Section 234E penalty avoided:
- Section 234E ₹200/day late fee, max = TDS amount
- Typical late Form 24Q: 60 days late × ₹200 = ₹12,000 minimum (up to ₹50K for 250-day delay)
- Section 201(1A) 1.5%/month interest on delayed deposit
- Section 272A(2)(g) ₹100/day for missing Form 16 (50 employees × 30 days = ₹1,50,000)
- Our Growth Plan annual = ₹84,000
- ROI: Single Section 272A miss pays for 22 months of retainer
Are payroll and statutory deposit costs tax deductible?
Yes — all payroll processing and statutory expenses are fully tax deductible under Section 37(1) of the Income Tax Act 1961 as ordinary revenue business expenses.
What's fully deductible:
- Our monthly retainer fee (₹3,000 to ₹15,000)
- GST @ 18% on our fees (as ITC if GST-registered)
- Payroll software licenses (Zoho, Keka, GreytHR)
- Employer PF contribution (12% + 0.5% admin) — allowed as expense under Section 36(1)(iv)
- Employer ESI contribution (3.25%) — allowed under Section 36(1)(va)
- Employer LWF contribution — allowed as business expense
- Statutory bonus paid to employees — allowed under Section 36(1)(iv)
- Gratuity payment or contribution to approved gratuity fund — Section 40A(7)
- Leave encashment paid — allowed subject to Section 43B
- Employee salary paid — allowed under Section 37(1)
Section 43B — timing rule:
- Statutory dues (PF, ESI, PT, gratuity, bonus, leave encashment) are deductible only if actually paid before the ITR filing due date
- Otherwise disallowance under Section 43B — carried forward to actual payment year
- Practical impact: employer PF/ESI must be deposited by ITR due date (31 Oct for audit cases, 31 Jul for non-audit) to claim in current FY
What's NOT deductible:
- Section 234E late fee on Form 24Q (bad-in-nature)
- Section 271H penalty for wrong statement
- PF Section 14B damages (penal)
- Section 201(1A) interest — allowed as compensatory (partial view)
GST ITC on our professional fees:
- 18% GST fully creditable if your business is GST-registered
- Our invoice includes GSTIN + flows to your GSTR-2B
- Claim ITC in the month invoice appears in GSTR-2B
What it costs — Growth Team Plan example:
- Monthly fee ₹7,500 + 18% GST (₹1,260) = ₹8,850
- If you are GST-registered, the GST on our fee is available as input tax credit
- The fee itself is a deductible business expense
- For a 30-person team, about ₹233 per employee a month before GST
What are the penalties for TDS/PF/ESI non-compliance?
Section 192 (Salary TDS) penalties:
- Section 201(1): Employer is "assessee in default" for short/non-deduction — liable to pay the TDS amount
- Section 201(1A): Interest at 1% per month for non-deduction, 1.5% per month for non-deposit after deduction
- Section 234E: Late filing fee for Form 24Q — ₹200 per day of delay, capped at the TDS amount
- Section 271H: Penalty for wrong statement — ₹10,000 to ₹1,00,000
- Section 272A(2)(g): Failure to issue Form 16 — ₹100 per day per certificate
- Section 276B: Wilful failure to deposit TDS — prosecution: 3 months to 7 years imprisonment + fine
Real penalty examples:
- Form 24Q Q4 filed 60 days late for 30 employees: 60 × ₹200 = ₹12,000 + Section 271H notice risk
- Form 16 not issued to 50 employees on time (30 days delay): 50 × 30 × ₹100 = ₹1,50,000
- TDS ₹5L not deposited for 6 months: Section 201(1A) 1.5% × 6 × ₹5L = ₹45,000 interest + full TDS payable
PF (EPF Act 1952) penalties:
- Section 7Q: Interest at 12% per year on delayed contributions
- Section 14B: Damages for delay:
- Up to 2 months late: 5% of dues
- 2-4 months: 10%
- 4-6 months: 15%
- 6+ months: 25% (max)
- Section 14: Prosecution for wilful non-payment — 1 to 3 years imprisonment + fine ₹10,000
- Section 14AA: Enhanced punishment for repeat offence — up to 5 years
ESI (ESI Act 1948) penalties:
- Section 39(5): Simple interest at 12% per year on delayed contributions
- Section 85: Fine of ₹5,000 or 6 months imprisonment for non-compliance
- Section 85A/85B: Enhanced penalty for false statements, non-payment of contribution
- Recovery under Revenue Recovery Act — attachment of bank/property
Professional Tax state penalties:
- Maharashtra: 25% penalty + 2% per month interest
- Karnataka: ₹1,000 penalty + interest
- Tamil Nadu: 2% per month + fine up to ₹5,000
- Other states: similar structure
Gratuity non-payment penalties:
- Section 8 Payment of Gratuity Act: interest from date of separation to date of payment
- Interest rate: RBI-notified (currently ~10%)
- Fine + imprisonment for wilful non-payment
Aggregate impact scenarios:
- Small business, 15 employees, all statutory late 6 months: ~₹2-4 lakh combined penalties + interest
- Growing business, 50 employees, PF late 12 months + Form 16 missed: ~₹6-10 lakh
- Enterprise 200 employees, TDS + Section 276B non-deposit for 1 year: ~₹20-50 lakh + prosecution risk
How our retainer eliminates penalty risk:
- Automated deposit calendar: 5-day buffer before 15th (PF/ESI/PT) and 7th (TDS)
- Two-tier CA review before any statutory deposit
- Form 24Q filed by 15th of return month (16-day buffer before 31st)
- Form 16 delivered by 5-10 June (10-day buffer before 15 June deadline)
What are Perquisites and how are they taxed?
Perquisites are non-monetary benefits provided by an employer to an employee, taxed as salary under Section 17(2) of the Income Tax Act 1961. Valued per Rule 3 of Income Tax Rules 1962.
Categories of perquisites:
- Rent-Free Accommodation (RFA):
- Employer-owned unfurnished: 10-15% of salary (population-based: 15% for population > 40L, 10% for < 40L)
- Employer-leased: rent paid or 15% of salary, whichever lower
- Furnished: additional 10% of cost of furniture
- Accommodation in hotel: 24% of salary or actual charges
- Concessional Accommodation: difference between calculated perk value and rent paid by employee
- Company Car (motor car provided by employer):
- Small car (≤ 1.6L cc): ₹1,800/month (or ₹2,400 with chauffeur) if used partly for personal
- Large car (> 1.6L cc): ₹2,400/month (or ₹3,000 with chauffeur) if used partly for personal
- Fully personal use: actual expenditure + 10% depreciation
- Employer's contribution to PF/NPS:
- PF > 12% of basic salary — excess taxable
- NPS employer contribution > 14% of salary — excess taxable
- Combined employer PF + NPS + Superannuation > ₹7.5L/year — excess taxable
- Interest-free/concessional loan: difference between SBI's prevailing lending rate and actual rate charged by employer, on loans > ₹20,000
- Employer-paid utility bills: gas, electricity, water — actual expense taxable
- Free/concessional education: to employee's children in employer-owned institution
- Free food and beverages: at office beyond ₹50/meal is taxable (Rule 3(7)(iii))
- Free travel: LTA beyond exemption (twice in 4-year block)
- Club membership: if for personal use, actual expenditure taxable
- Gift/voucher/gift-in-kind: value > ₹5,000 in aggregate per year taxable
- ESOP (Employee Stock Option Plan):
- On exercise: (FMV on exercise date - exercise price) × shares = perk value
- Taxed as salary in year of exercise
- Startups: taxation deferred up to 5 years or resignation or sale of shares under Section 17(2)(vi) proviso
Exempt perquisites (not taxed):
- Medical reimbursement up to ₹15,000/year (under old regime)
- Employer's telephone/mobile bills
- Free meals at office up to ₹50/meal
- Uniform allowance (actual)
- Employer's contribution to group medical insurance
- Employer's payment for education/training of employee (if job-related)
- Refreshments during office hours
- Recreational facilities uniformly extended
Perquisite valuation timing:
- Monthly value added to salary for TDS computation
- Employer computes perquisite value each month + deducts TDS accordingly
- Form 12BA issued along with Form 16 detailing perquisites
- Section 194R TDS separately applicable for benefits given to non-employees
Common employer errors:
- Not including RFA in TDS computation → under-deduction → Section 201 liability
- Wrong RFA valuation (using outdated 15% rule where population-based rates apply)
- Missing ESOP exercise gains in TDS
- Not tracking gifts crossing ₹5,000 aggregate
- Employer PF contribution > 12% not flagged as perk
How our retainer handles perquisites:
- Perquisite audit at onboarding for every employee
- Rule 3 valuation memo per employee per FY
- Monthly perk-inclusive TDS computation
- Form 12BA generated with Form 16
- ESOP exercise triggers immediate TDS re-computation
What are the payroll deadlines throughout the FY 2025-26?
Complete FY 2025-26 payroll compliance calendar:
Monthly (throughout FY 2025-26):
- By 1st-3rd of next month: Salary credited, payslips generated
- By 7th: TDS deposit (Section 192)
- By 15th: PF ECR filed + deposit (EPFO portal), ESI challan deposit
- By 15th or state-specific: Professional Tax deposit (monthly for most states)
- Ongoing: LWF deposits per state schedule
Quarterly TDS returns (Form 24Q):
- Q1 (Apr-Jun) return: Due 31 July
- Q2 (Jul-Sep) return: Due 31 October
- Q3 (Oct-Dec) return: Due 31 January
- Q4 (Jan-Mar) return: Due 31 May — includes Annexure II with employee-wise details
Annual — Form 16 and related:
- By 15 June: Form 16 issued to every employee for FY 2025-26 (including resigned)
- Form 12BA (perquisites detail) issued along with Form 16
- By 15 June: Form 16A for TDS on non-salary payments
Annual — PF/ESI:
- By 30 April: Annual PF return (Form 3A + Form 6A)
- By 12 November: ESI return of contributions (April-September 2025 period)
- By 12 May: ESI return of contributions (October 2025-March 2026 period)
Investment declarations + proofs:
- April 2025: Form 12BB investment declarations collected from all employees
- Form 10-IEA: Old regime opt-out submitted by employees
- January-February 2026: Investment proofs verified against declarations
- March 2026: Final TDS recomputation for FY-end reconciliation
Bonus (Payment of Bonus Act):
- By 30 November: Statutory bonus paid for FY 2025-26 (within 8 months of accounting year close)
- Bonus Form D filed with labour department
Gratuity provision:
- Actuarial valuation done annually (typically Mar/Apr)
- Provision in financial statements per AS 15/Ind AS 19
- Trust deposit if using approved gratuity fund
Labour Codes compliance (from 21 Nov 2025):
- CTC restructuring: basic + DA ≥ 50% of gross (one-time exercise)
- Wages register in prescribed format
- Standing orders review (for 300+ employee establishments)
- Grievance redressal committee constitution
IT Act 2025 transition (from 1 April 2026):
- Section 192 → Section 392 (payroll software update)
- Form 16 → Form 130 (issued for FY 2026-27 onwards)
- Tax Year concept replaces AY/PY
Our retainer schedule (5-day buffer everywhere):
- Salary credited: 1st of month
- TDS deposited: 5th (2-day buffer before 7th)
- PF/ESI/PT deposited: 12th-13th (2-3 day buffer before 15th)
- Form 24Q filed: 15-20 days into return month (10-15 day buffer)
- Form 16 delivered: 5-10 June (10-day buffer before 15 June)
When can I use presumptive salary regime and what are the caveats?
There is no "presumptive salary" regime — Section 192 TDS on salary is always computed at the average rate on estimated income. However, employees receiving salary can choose between:
1. New Tax Regime (Section 115BAC — DEFAULT):
- Automatic default from FY 2023-24 onwards
- Employer applies new regime unless employee submits Form 10-IEA
- Standard deduction ₹75,000 only major deduction
- Simpler compliance — no investment proofs needed at deduction stage
- Best for young professionals + income up to ₹12.75L (zero tax)
2. Old Tax Regime (via Form 10-IEA):
- Comprehensive deductions available (80C ₹1.5L, 80D, HRA, LTA, home loan)
- Requires investment declarations (Form 12BB) at start of year
- Proof verification in Jan-Feb
- Best for employees with high investments + home loan + HRA
Salaried employees can switch each year — old regime one year, new the next.
Confusion vs Section 44ADA (professional):
- Section 44ADA is for professionals (doctors, lawyers, CAs, engineers, consultants) with gross receipts ≤ ₹75 lakh
- 50% of receipts deemed as profit
- NOT applicable to salaried employees — different tax head (professional/business income vs salary)
- Doctors employed in hospitals: salary head, cannot use 44ADA
- Consulting doctors / freelance CAs with own practice: business income, can use 44ADA
Confusion vs Section 44AD (small business):
- Section 44AD is for small businesses (proprietors, HUFs, partnership firms) with turnover ≤ ₹2 crore
- 8% (6% digital) deemed as profit
- NOT applicable to salaried employees or LLPs or companies
- Employee-shareholder-director salary: still Section 192 TDS, not 44AD
Special case — director sitting fees and remuneration:
- Director sitting fees: Section 194J TDS at 10% (professional services), NOT Section 192
- Director salary (executive/whole-time director): Section 192 TDS at slab rates
- Director commission on turnover: Section 194J TDS at 10%
- Partner remuneration in LLP/firm: Section 194T TDS at 10% (new from Sec 194T, added Finance Act 2024) — not Section 192 as partners aren't employees
Contract employees / gig workers:
- If genuine employer-employee relationship (working hours defined, employer control, tools provided): Section 192
- If independent contractor (own hours, no employer control, invoices raised): Section 194J or 194C
- Misclassification risk: employer's Section 201 liability if wrongly treated as contractor when actually employee
- PF/ESI applicability also depends on classification
How our retainer handles regime choice:
- At joining: comparative TDS analysis (new vs old regime) provided to employee
- Employee's informed choice recorded in file
- Form 10-IEA collected + filed by 15 April (if old regime opted)
- Monthly TDS applies chosen regime
- Mid-year regime change not allowed for TDS
- At FY-end filing (July), employee can change regime while filing ITR (subject to conditions)
How does the monthly payroll cycle work step-by-step?
A well-designed monthly payroll cycle is critical for statutory compliance. Here's our standard workflow:
Days 25-28 of running month — Cycle preparation:
- Attendance closure — biometric/HRMS data pulled
- Leave register updated — leave balance, LOP (loss of pay) calculated
- Overtime hours captured
- Reimbursement claims received + validated
- Any exit/joiner adjustments
- Variable pay/incentive data received
Days 28-30 — Salary computation:
- Gross salary calculation per employee:
- Basic (as per CTC breakup)
- DA (if applicable)
- HRA
- Special allowance
- Conveyance / transport allowance
- Medical allowance
- Other allowances (LTA, food coupons)
- Overtime
- Reimbursements (fuel, telephone, driver)
- Variable pay/bonus
- LOP adjustment — deduct for unpaid absences
- Statutory deductions:
- Employee PF (12% of basic + DA)
- Employee ESI (0.75% of wages if applicable)
- Employee Professional Tax (state-specific)
- Section 192 TDS (calculated at average rate)
- LWF (state-specific)
- Other deductions: loan repayments, canteen, rent, notice pay recovery
Days 30-31 — Validation and approval:
- Peer review by senior payroll executive
- Comparative check against previous month (unexplained variances flagged)
- Employer PF (12% + 0.5% admin) computed for accounting
- Employer ESI (3.25%) computed
- Client approval on final salary register + statutory deposit summary
Day 1 of next month — Salary payout:
- Bank file (NEFT/RTGS/IMPS) generated with salary amounts
- Client uploads/approves in banking portal
- Salary credited to employee accounts on 1st (or agreed date)
- Payslips generated + emailed to employees or accessible via portal
Days 2-7 — TDS deposit:
- Section 192 TDS computed for the month across all employees
- TDS challan (Form 281) generated on IT portal
- Deposit via net banking by 7th (with 2-day buffer target of 5th)
- BSR code + challan number captured for Form 24Q
Days 12-15 — PF/ESI/PT deposits:
- PF ECR (Electronic Challan-cum-Return) file generated + uploaded to EPFO portal
- PF payment via SBI/PNB net banking by 15th
- UAN details validated for every employee
- ESI challan generated on ESIC portal + payment by 15th
- PT challan per state schedule + payment
- LWF payment if applicable
Quarterly (Form 24Q):
- Q1/Q2/Q3: filed by end of month following quarter (31 Jul, 31 Oct, 31 Jan)
- Q4: filed by 31 May with Annexure II employee-wise detail
- Data compiled from monthly TDS records
- Filed on TRACES/TIN-NSDL portal
- Correction statements filed if needed
Annual (Form 16):
- Q4 Form 24Q filed 15-16 May (buffer)
- Form 16 Part A downloaded from TRACES for each employee (typically available 15-25 May)
- Form 16 Part B prepared by us with salary breakdown, perquisites (Form 12BA), deductions
- Delivered to employees by 5-10 June (well before 15 June deadline)
- Even resigned employees receive Form 16 via last known email + portal
Our quality checkpoints:
- Every employee has PAN + Aadhaar + UAN + ESI IP validated at joining
- Monthly comparison: current month vs previous month vs average — auto-flag variance > 10%
- New regime vs old regime comparative analysis at joining + annually
- All statutory deposits with 2-3 day buffer before deadline
- Two-tier CA review before Form 24Q filing
What is the IT Act 2025 transition for payroll?
The Income Tax Act 2025 was enacted to replace the Income Tax Act 1961 and comes into effect from 1 April 2026 (Tax Year 2026-27). Payroll-relevant changes:
Section renumbering:
- Section 192 → Section 392 — Salary TDS provisions
- Section 194 series → Section 393 series — Other TDS provisions
- Section 115BAC (new regime) → Section 202 series
- Substantive rules and rates unchanged; only numbering + terminology
Form renumbering:
- Form 16 → Form 130 — Annual TDS certificate for salary
- Form 16A → Form 131 — TDS certificate for other payments
- Form 24Q → Form 26Q (renumbered) — Quarterly salary TDS return
- Form 26AS → Form 133 — Consolidated annual TDS statement
Conceptual changes:
- Assessment Year (AY) + Previous Year (PY) → Tax Year
- Old: FY 2025-26 (Apr 2025-Mar 2026) with AY 2026-27
- New: Tax Year 2025-26 covers both concepts
- ITR filing period: within same terminology
- Search + seizure provisions reorganized
- Reassessment provisions reorganized
What stays unchanged:
- Tax slab rates (new regime): Nil ₹4L / 5% / 10% / 15% / 20% / 25% / 30%
- Standard deduction ₹75,000
- Section 87A rebate up to ₹60,000
- 4% Health and Education Cess
- Due dates: TDS 7th, Form 24Q quarterly, Form 16 by 15 June
- Penalty structure: Section 234E, 201(1A), 271H, 272A(2)(g), 276B (renumbered)
- Perquisite valuation Rule 3
- PF/ESI/PT external laws untouched
Effective date and transition:
- 1 April 2026: IT Act 2025 comes into force
- FY 2025-26 completed under old Act (Form 16 for FY 25-26 issued in June 2026 under old Act)
- FY 2026-27 onwards: under new Act (Form 130 for FY 26-27 issued in June 2027)
- Transition period: April 2026 - March 2027 for software/process updates
What employers must do:
- Update payroll software — Zoho People, Keka, GreytHR, Razorpay Payroll all rolling out updates
- Update employee communication — Form 16 references, section citations
- Update employment contracts — Section references in TDS clauses
- Train HR/payroll team — new section + form references
- Update chart of accounts — TDS payable ledger reference
- Update statutory audit workpapers — Section 143 audit under new Act
Litigation/notice implications:
- Existing notices under old Sections 192, 201, 234E continue for old years
- New notices from 1 April 2026 under new Section 392, 502, etc.
- Case law under old Act remains binding precedent (subject to interpretation of parallel new provisions)
Timing of compliance obligations under new Act:
- Section 192 last applies for FY 2025-26 salary payments (TDS deposit up to 30 April 2026 for March salary)
- Section 392 first applies for FY 2026-27 salary payments (TDS deposit from 7 May 2026 for April 2026 salary)
- Form 24Q Q4 FY 2025-26 filed by 31 May 2026 — under old Act
- Form 24Q Q1 FY 2026-27 filed by 31 July 2026 — under new Act (renumbered form)
- Form 16 for FY 2025-26 issued 15 June — under old Act
- Form 130 for FY 2026-27 issued 15 June 2027 — under new Act
Our retainer transition support:
- Payroll software pre-configured for both Act references
- Employee FAQ document with old + new section mappings
- Transition compliance calendar
- Dedicated advisory hours for FY 2026-27 Q1 questions
- All existing FY 2025-26 obligations completed on schedule under old Act
Let's put your payroll on autopilot.
WhatsApp us your team size + statutory registrations status + current payroll process. Free payroll audit + Section 192 TDS accuracy review + PF/ESI/PT applicability check. Small Team at ₹3,000/mo. Growth Team at ₹7,500/mo. Enterprise at ₹15,000/mo.