Payroll Tax in India — Complete Employer Compliance Guide 2026
Updated: 3 June 2026 | EPF Act, ESI Act, Income-tax Act 2025 | Verified rates 2026
Payroll taxes in India include: EPF (12% employee + 12% employer contribution on basic+DA), ESI (0.75% employee + 3.25% employer on gross salary, applicable when salary is ₹21,000 or less), TDS on salary at applicable income tax rates (Section 192), and professional tax (state-specific, up to ₹2,500/year). Employers must file monthly PF/ESI returns and quarterly TDS returns.
~20%+
Employer payroll cost beyond gross salary
PF (12% basic) + ESI (3.25% gross, if applicable) + gratuity provision (~4.81% basic) + LWF. Factor this into CTC planning for every new hire.
PF (12% basic) + ESI (3.25% gross, if applicable) + gratuity provision (~4.81% basic) + LWF. Factor this into CTC planning for every new hire.
Compliance note: Non-deposit of PF/ESI contributions is a criminal offence under the respective Acts. Late deposit attracts interest and damages. Ensure automatic payroll systems are configured to deposit by the 15th of each month.
Payroll Deductions Summary — Per Employee Per Month
| Component | Employee Contribution | Employer Contribution | Basis |
|---|---|---|---|
| EPF (Provident Fund) | 12% of Basic+DA | 12% of Basic+DA | Basic salary + Dearness Allowance |
| ESI | 0.75% of gross | 3.25% of gross | Gross salary (only if ≤ ₹21,000/month) |
| Professional Tax | State-specific (max ₹200/month) | Nil (employer pays PT reg. fee) | Varies by state and salary slab |
| TDS on Salary | Deducted from employee's salary | Nil (employer deducts & deposits) | Annual tax liability ÷ 12 per month |
| Labour Welfare Fund (LWF) | ₹6–36/month (state-specific) | ₹12–72/month (state-specific) | State-specific; varies by establishment |
EPF — Employer Contribution Breakdown
While both employee and employer contribute 12% of basic+DA, the employer's 12% is split as follows:
- 3.67% — towards EPF (Employee Provident Fund account)
- 8.33% — towards EPS (Employee Pension Scheme) — capped at ₹15,000 basic
- 0.5% — towards EDLI (Employees' Deposit Linked Insurance)
- 0.5% — EPF administration charges
Total employer outgo: 12% (PF contribution) + 0.5% (EDLI) + 0.5% (admin charges) = 13% of basic+DA.
ESI — Key Rules
- Applicable only when employee gross salary is ₹21,000/month or less (₹25,000 for differently abled employees)
- Provides comprehensive medical benefits to the employee and their entire family
- Not applicable in all states/areas — check ESIC area coverage list at esic.gov.in
- Contribution period: April–September and October–March (6-month blocks)
TDS on Salary — How It Works (Section 192)
The employer computes the employee's estimated annual tax liability at the start of the year, then deducts 1/12th every month:
- Employee must declare: regime choice (old/new), investments (80C, 80D), HRA receipts, home loan certificate
- Employer must issue Form 16 (Part A: TDS certificate + Part B: salary break-up) by 15 June each year
- Quarterly TDS return: Form 24Q — Q1 by 31 July, Q2 by 31 Oct, Q3 by 31 Jan, Q4 by 31 May
- Excess TDS deducted? Employee claims refund while filing ITR
Gratuity Provision
Gratuity is not a monthly deduction but employers must provision it as a liability:
- Provision rate: approximately 4.81% of basic salary per month
- Actual formula: (Last drawn basic × 15 × completed years of service) ÷ 26
- Payable after 5 years of continuous service on resignation/retirement/death
- Tax-exempt up to ₹20 lakh for private employees (fully exempt for government employees)
Key Payroll Compliance Deadlines
PF / ESI Monthly
15th
of every month — ECR (PF) and ESI challan
TDS Q1 (Apr–Jun)
31 Jul
Form 24Q quarterly return
TDS Q2 (Jul–Sep)
31 Oct
Form 24Q quarterly return
TDS Q3 (Oct–Dec)
31 Jan
Form 24Q quarterly return
TDS Q4 (Jan–Mar)
31 May
Form 24Q quarterly return
Form 16 to Employees
15 Jun
Annual TDS certificate to all employees
Frequently Asked Questions
Is PF (Provident Fund) mandatory for all companies in India?
PF is mandatory for all establishments with 20 or more employees. New hires with basic salary above ₹15,000 can opt out of PF if they were never previously PF members. However, if an employee was previously a PF member, they must continue contributing even if their basic salary exceeds ₹15,000.
What happens to ESI when an employee's salary crosses ₹21,000?
Once an employee's gross salary exceeds ₹21,000/month, ESI no longer applies from the next contribution period (April-September or October-March). However, if the salary crosses ₹21,000 mid-contribution period, the employee remains covered until the end of that contribution period. ESI for differently abled employees applies up to ₹25,000/month.
When are payroll tax returns due in India?
PF: Monthly ECR (Electronic Challan cum Return) by the 15th of the following month. ESI: Monthly contribution challan by the 15th of the following month. TDS on salary: Quarterly Form 24Q — by 31 July (Q1), 31 October (Q2), 31 January (Q3), and 31 May (Q4). Annual Form 16 to be issued to employees by 15 June.
What is the penalty for late PF deposit?
Interest at 12% per annum on the late contribution amount. Damages (penalty): 5% p.a. for delay up to 2 months; 10% p.a. for delay of 2–4 months; 15% p.a. for delay of 4–6 months; 25% p.a. for delay beyond 6 months. Additionally, the employer may face prosecution under the EPF & MP Act, 1952.
Can a company reduce PF liability by restructuring CTC?
Employers often restructure CTC to minimise PF by keeping basic salary low (e.g., 40% of CTC) and increasing allowances. However, the basic salary must be at least equal to the applicable minimum wage. EPFO scrutinises artificially low basic salary structures and may treat the full emoluments as PF-eligible wages.
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