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TDS & TCS

TDS on Salary Under ITA 2025: Section 391, Form 12BB & Form 16 Complete Guide

VS Vikas Sharma 📅 March 26, 2026 ⏱️ 3 min read 👁️ 0 views
Legal Reference
Section 391 (TDS on salary), Form 12BB, Form 16 (Part A and B), IT Rule 3 (perquisites), Form 10E (Section 89 arrear relief), ITA 2025

1. How Salary TDS Works

Under Section 391 of ITA 2025, every employer must deduct TDS from salary at the employee average rate of income tax. The average rate is computed on the estimated total income for the full Tax Year — including salary, perquisites, bonus, and any other income declared by the employee. This differs from all other TDS sections that have fixed percentage rates.

2. Monthly TDS Computation Steps

  1. Estimate annual gross salary: basic, HRA, all allowances, perquisites, bonus
  2. Less: Exempt allowances — HRA exemption (calculated per Rules), LTA claimed, employer NPS contribution, meal vouchers
  3. Less: Standard deduction Rs 75,000
  4. Add: Employee declared other income — house property income/loss, interest income
  5. Less: Deductions under Chapter VIII (old regime) declared in Form 12BB — Section 123, 125(1B), 126, home loan interest
  6. Compute income tax on net taxable income at applicable slab rates (chosen regime)
  7. Divide annual tax by 12 = monthly TDS

3. Form 12BB: Declaration by Employee

Form 12BB is submitted by the employee to the employer at the start of each Tax Year. It declares:

  • Tax regime choice (new or old regime)
  • HRA details: monthly rent, landlord name, address, PAN (mandatory if annual rent exceeds Rs 1 lakh)
  • LTA: amount and travel details
  • Home loan interest: lender name, account number, annual interest, property address
  • All investment proofs for old regime deductions: LIC premiums, PPF deposits, ELSS SIP, NSC, school fees

In January-February, final investment proofs are submitted and TDS is adjusted for the last 2 months.

4. Multiple Employers

When an employee changes jobs, the new employer must be given a statement (Form 12B) of salary paid and TDS deducted by the previous employer. Without this, the new employer treats their salary in isolation — leading to under-deduction and a demand at ITR filing. The employee is responsible for notifying the new employer.

5. Form 16: Certificate to Employee

Employers must issue Form 16 to all employees by 15 June of the assessment year. Part A (from TRACES) shows quarterly TDS deposited. Part B shows the complete salary computation — components, exempt allowances, perquisites, deductions, and final tax. Form 16 is the primary document for salaried ITR filing. Discrepancies between Form 16 and AIS must be reconciled before filing.

6. Section 89 Relief for Salary Arrears

If salary arrears for previous years are received in the current year, the taxpayer can claim Section 89 relief — ensuring tax is computed as if the arrears were taxed in the years they related to, not bunched in the current year. Form 10E must be filed online on the IT Portal before filing ITR. Without Form 10E, the portal rejects the Section 89 claim and demands full current-year slab tax on arrears.

7. Perquisites in Salary TDS

Taxable perquisites (rent-free accommodation, company car, ESOP, club membership) must be valued per IT Rule 3 and included in gross salary for TDS. Many employees discover a large TDS demand in the last months because perquisites were not included throughout the year. Employers should compute perquisite value at the start of the year and spread TDS accordingly.

8. Why TaxClue

Salary TDS errors — wrong regime, missed perquisites, unclaimed deductions, multiple employers — create demands or refunds. TaxClue reviews Form 16, reconciles AIS, and files accurate salaried ITR. Contact us under ITA 2025.

Disclaimer
This article is for general informational and educational purposes only. It does not constitute legal, financial, or professional tax advice. Readers are advised to consult a qualified Chartered Accountant or tax professional before making any decisions. TaxClue Consultech Pvt Ltd accepts no liability. All case studies and examples in this article are illustrative only and do not represent actual persons or transactions.

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❓ Frequently Asked Questions
How is salary TDS rate determined?
Under Section 391 of ITA 2025, TDS on salary is at the employee average rate of income tax — not a fixed percentage. The employer estimates annual income (salary, perquisites, bonus, other declared income), deducts exempt allowances and standard deduction Rs 75,000, applies declared deductions (Form 12BB), computes total annual tax, and divides by 12 for monthly TDS. The rate changes when Form 12BB is updated or final proofs are submitted in January-February.
What is Form 12BB and why is it important?
Form 12BB is the employee declaration submitted to the employer at the start of the Tax Year. It declares regime choice, HRA details (rent, landlord PAN if rent exceeds Rs 1L/year), LTA claim, home loan interest, and all investment/deduction details for old regime claims. Without Form 12BB, the employer cannot apply deductions and will deduct higher TDS. It must be updated when circumstances change — new house, new investment, marriage, or job change.
What happens if I don't inform my new employer about previous salary?
If you change jobs and don't submit Form 12B to the new employer showing salary received from and TDS deducted by the previous employer, the new employer computes TDS only on their salary. This leads to under-deduction of TDS for the year. When you file ITR, the full year income shows tax due beyond TDS credits — resulting in a tax demand plus interest under Section 418. Always submit Form 12B to the new employer on joining.
What is Form 16 and when should I receive it?
Form 16 is the annual TDS certificate issued by your employer by 15 June of the assessment year. Part A (generated from TRACES) shows quarterly TDS deposited against your PAN. Part B shows your complete salary break-up, exemptions, deductions claimed, and final tax computation. Form 16 is essential for ITR filing — always reconcile Part A with your Form 26AS and Part B with your actual deductions before filing to catch any errors.
How is Section 89 relief claimed for salary arrears?
If you receive arrears of salary for previous years in the current year (pay revision arrears, leave encashment arrears), you can claim Section 89 relief to ensure the arrears are taxed at rates applicable in the years they relate to — not at current year (possibly higher) rates. File Form 10E on the Income Tax Portal before submitting your ITR. Without Form 10E filed first, the portal automatically rejects the Section 89 relief claim in the ITR.

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