Taxation and accounting

Payroll Taxes in India: Employer Obligations Explained

Employer payroll obligations in India — salary TDS under 192, PF, ESI, professional tax, gratuity and bonus, thresholds, deadlines and a monthly calendar.

Taxation and accounting · 4 min read · Updated 2026-01-18

The day you hire, you inherit a second job: the state's payroll agent. Salary TDS, provident fund, ESI, professional tax, gratuity, bonus — each with its own threshold, portal and penalty clock. None of it is hard; all of it is unforgiving of neglect, because employee money held back and not deposited is the one compliance failure that escalates fastest. Here is the employer's complete map, sized for small business.

TDS on salary — Section 192

  • Deduct monthly on each employee's estimated annual tax, averaged across the year — regime chosen by the employee (new regime is default; collect declarations)
  • Collect investment/deduction proofs by January–February; true-up the final months
  • Deposit by the 7th of the next month; file quarterly returns in Form 24Q; issue Form 16 by 15 June
  • Perquisites (car, rent-free housing, ESOPs) have valuation rules — get them priced into the monthly TDS, not discovered in March

Provident Fund: the 20-employee line

EPF registration becomes mandatory at 20 employees (voluntary earlier — sometimes worth it for hiring credibility). Both sides contribute 12% of basic + DA (employer's split partly to pension), with the statutory wage ceiling of ₹15,000 governing mandatory coverage — employees above it can be covered by agreement. Deposits by the 15th of the following month via ECR on the EPFO portal; UANs for every employee. The teeth: delayed deposits attract interest plus damages up to 100%, and — the trap founders forget — the employee's deducted share not deposited is a criminal exposure, while Section 36(1)(va) disallows the expense deduction for even one day's delay in depositing the employee contribution.

ESI: health cover below ₹21,000

  • Mandatory at 10 employees (state variations exist) for employees earning gross up to ₹21,000/month
  • Contributions: employer 3.25%, employee 0.75% of gross wages; deposit by the 15th
  • Registration on the ESIC portal; employees get medical care for self and family through ESI facilities
  • Once covered, an employee stays covered for the contribution period even if wages cross the ceiling mid-period

Professional tax, gratuity, bonus — the supporting cast

Professional tax: a state levy (UP currently doesn't levy it; Maharashtra, Karnataka, WB and others do) — slab-based small deductions, employer registration, monthly/annual deposits per state. Gratuity: under the Payment of Gratuity Act (10+ employees), payable at exit after five years' service — 15 days' wages per year of service, capped at ₹20 lakh; accrue for it rather than meeting it as a surprise. Statutory bonus: the Payment of Bonus Act (20+ employees) mandates 8.33%–20% for eligible wage bands — factories and establishments routinely miss this until an inspector doesn't.

The employer's monthly calendar

7th: salary TDS deposit. 15th: PF and ESI deposits. State dates: professional tax. Quarterly: 24Q. Annually: Form 16 (June), bonus computation, gratuity accrual review. One page, on the wall, owned by a named person.

Structuring salaries with compliance in mind

CTC design interacts with every levy: basic-versus-allowance splits drive PF (keep basic realistic — artificially low basic to cut PF invites scrutiny and hurts employees); gross thresholds decide ESI; perquisites carry valuation TDS. New-hire paperwork bundle: offer letter, PAN/Aadhaar, UAN transfer or generation, ESI declaration, regime election, nominee forms. And contractors versus employees is a classification with payroll consequences — misclassifying staff as 'consultants' to skip PF/ESI is the oldest audit finding in the book.

How Aidwish helps

Aidwish sets up payroll end to end — registrations (PF/ESI/PT), CTC structures, the monthly run with deposits and returns via its payroll partners, and the compliance calendar — so hiring builds the business instead of the backlog.

FAQ

Questions, answered

At what headcount do PF and ESI apply?

PF at 20 employees, ESI at 10 (for staff earning up to ₹21,000 gross) — counting all employees including contract labour in most computations. Voluntary earlier registration is permitted.

What if I delay depositing PF I deducted?

Interest plus damages up to 100% of arrears, expense disallowance for the employee-share delay under income tax, and prosecution exposure for retained employee money. PF dates are the ones never to miss.

Do I need to run TDS for employees below taxable income?

No deduction is due where estimated income is below the threshold — but collect declarations and keep the computation on file. Issue Form 16 to everyone deducted; it's their filing backbone.

Can small businesses outsource all this?

Yes — payroll processors handle computation, deposits and returns affordably. The obligations and liability remain yours, so keep the calendar and review the challans monthly regardless.

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