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TDS on Salary Under ITA 2025: Section 192, Form 16, Employer Obligations

Complete guide to TDS on salary under Section 192 of ITA 2025. Covers how employers compute TDS, Form 12BB, Form 16 issuance, new employee declarations, and consequences.

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TDS & TCS
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May 13, 2026
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Last updated: September 2026Verified against: Government sources

TDS on salary is governed by Section 192 of ITA 2025. Unlike other TDS provisions with fixed rates, salary TDS is calculated at the average rate of income tax applicable to the employee's estimated total income for the Tax Year. This section explains the employer's obligations, computation method, and annual compliance requirements.

Who Must Deduct TDS on Salary?

Every employer — individual, HUF, company, LLP, or any other person — responsible for paying salary to an employee must deduct TDS. The obligation exists even if the employer is not registered or the employee works part-time.

Computation of TDS: Step-by-Step

  1. Estimate gross salary for the entire Tax Year (all components)
  2. Deduct exempt allowances (LTA, conveyance — if applicable regime)
  3. Deduct standard deduction: Rs. 75,000 (default regime)
  4. Add income from other sources declared by employee (Form 12BB)
  5. Deduct Chapter VI-A deductions (only if old regime opted)
  6. = Estimated Net Taxable Income
  7. Compute tax on estimated income at applicable slab rates
  8. Divide annual tax by 12 (or remaining months) = monthly TDS

Form 12BB — Employee Declaration

Employees submit Form 12BB at the start of the Tax Year declaring:

  • HRA claimed (rent receipts, landlord PAN if rent > Rs. 1 lakh/year)
  • LTA claimed (once in 4-year block)
  • Home loan interest (self-occupied — up to Rs. 2 lakh)
  • Chapter VI-A deductions (80C, 80D, 80G etc.) — only if old regime opted
  • Any other income (FD interest, rental income, etc.)

Multiple Employers — TDS Coordination

If an employee works for two employers simultaneously, one employer deducts TDS considering salary from both (employee must disclose both salaries). If employers change during the year, the new employer must consider salary from previous employer (Form 12B).

Tax Regime Declaration

Employees must declare their chosen tax regime (default or old) to the employer by the beginning of the Tax Year. If no declaration is made, the employer deducts TDS under the default regime. The employee can change regime at the time of filing ITR.

Form 16: Annual TDS Certificate for Salary

PartContent
Part ASummary of TDS deducted and deposited (from TRACES)
Part BSalary breakup, deductions, and tax computation

Form 16 must be issued by 15 June after the end of the Tax Year. Failure = penalty Rs. 100/day per certificate (min Rs. 1,500).

Perquisites and TDS

The value of taxable perquisites (ESOP, rent-free accommodation) is added to cash salary for TDS computation. Employers must value perquisites per the perquisite valuation rules and include them in the gross salary figure used for TDS.

Consequences for Employers

  • Non-deduction: Interest 1%/month + possible prosecution
  • Non-deposit after deduction: Interest 1.5%/month + possible imprisonment up to 7 years
  • Late/non-filing of 24Q: Rs. 200/day penalty

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Quick recapKey facts & short answers

Key Facts About TDS on Salary Under

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes TDS on Salary Under end to end for you.

What is the TDS rate on salary under ITA 2025?

There is no fixed rate. TDS on salary is deducted at the average rate computed on estimated total income for the Tax Year at applicable slab rates.

When is Form 16 issued?

Form 16 (TDS certificate for salary) must be issued by 15 June after the Tax Year ends.

TDS on Salary Under: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

There is no fixed rate. TDS on salary is deducted at the average rate computed on estimated total income for the Tax Year at applicable slab rates.

Form 16 (TDS certificate for salary) must be issued by 15 June after the Tax Year ends.

Employee's declaration to employer at the start of the Tax Year listing all exemptions and deductions for TDS computation.

The employer deducts TDS under the default regime of ITA 2025 by default.

The new employer considers your salary from the previous employer (disclosed via Form 12B) and computes TDS on combined salary for remaining months.

Yes. If TDS deducted exceeds actual tax liability (due to losses, deductions, etc.), the excess is refunded after filing ITR.