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What happens if professional tax is not paid?

By CS Pooja Jangid Updated

If professional tax is not paid, the state that levied it can recover the unpaid tax with the interest and the penalty its own Act provides. The tax is not income tax, and the consequence is not the same in every state.

What is the tax?

Professional tax is a tax a state may levy on professions, trades, callings, and employments. Article 276 of the Constitution allows that tax and caps it at ₹2,500 in a year for any one person, however many local authorities in that state also tax the same person. The cap is the most the Constitution allows. It is not a flat charge, and a state that has not imposed the tax collects nothing.

Who pays it?

Where a state imposes the tax, a person who earns from employment, a profession, a trade, or a calling in that state can be liable, subject to the exemptions that state’s Act writes. An employer in that state deducts the tax from salary and pays it to the state. A person in business may have to enrol and pay directly. A person working in two states looks at both Acts. Exemptions for income, age, or a class of employment exist only where that Act grants them.

What follows if it stays unpaid?

The state’s Act sets the due date, the interest on a late payment, and the penalty. The state can recover the amount as an arrear under that Act. A later month does not wipe out an earlier month. Paying income tax, or filing a GST return, does not pay this tax.

What does this page not decide?

It does not set a rate, a slab, or a rupee penalty, because those figures live in the state Act and they change. It does not treat government servants, pensioners, or senior citizens as exempt in every state. Income-tax payment, where it is due, is on the challan 280 page.

Frequently asked questions

Four questions cover income tax, state differences, the constitutional cap, and a national blacklist.

Is professional tax income tax?

No. It is a state tax on professions, trades, callings, and employments. Income tax is a separate return.

Is the tax the same in every state?

No. A state that levies it writes its own rates, exemptions, and due dates. Some states do not levy it.

Can a state charge more than ₹2,500 a year?

Article 276 caps the tax at ₹2,500 a year for any one person. That cap is not the amount every person pays.

Does non-payment blacklist the business everywhere?

The state’s Act sets the recovery, the interest, and the penalty. There is no single national blacklist.

Sources

The tax is authorised by Article 276 of the Constitution. Each state that levies it does so under its own Act.

  1. Constitution of India, Article 276