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Payroll compliance guide

Payroll compliance isn’t just about following various regulations set by the government. It’s also about protecting your business, keeping your employees happy and ensuring your company stays in good financial health long into the future.

This guide explains why understanding and implementing these rules correctly sets your business up for long-term success and how payroll software can help your company avoid some of the most common payroll mistakes.

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Payroll tax compliance

Ensuring payroll tax compliance in India can be challenging due to the wide range of relevant regulations, including the Income Tax Act, Provident Fund laws also state & local Municipal laws. Here are eight steps to help your company ensure payroll compliance:

  1. Register as an employer: if you hire one or more employees, you need to register with the relevant authorities, such as the Employee Provident Fund Organisation (EPFO) and the Employees’ State Insurance Corporation (ESIC).
  2. Establish a reliable payroll system: implement a payroll system that calculates wages, deductions and contributions correctly based on Indian labour laws.
  3. Determine the employment status of workers: assess whether workers are classified as employees or independent contractors, as this affects tax and compliance obligations.
  4. Deduct and report taxes: withhold appropriate taxes such as Income Tax under the Tax Deducted at Source (TDS) and send them to the government before any deadlines.
  5. Ensure payroll compliance: follow the provisions of labour laws, such as The Payment of Wages Act, The Minimum Wages Act, Employees’ Provident Fund & Miscellaneous Provisions Act, Employees’ State Insurance Act and state specified professional tax to maintain compliance.
  6. Maintain accurate records: keep precise records of employee details, payroll transactions and tax filings for auditing and compliance purposes.
  7. File statutory returns: submit any necessary filings such as TDS returns, EPF returns and ESIC returns and Professional tax returns within the stipulated deadlines.
  8. Stay up to date with legislative changes: regularly review updates to labour laws and tax regulations to make sure your company complies with any changes.
Payroll tax compliance

Payroll compliance in India

Understanding relevant payroll laws and provisions helps you stay compliant and avoid costly penalties. Here are some key payroll regulations that your company must take into consideration.

Payment of Wages Act

The Payment of Wages Act ensures that employees receive their wages on time and without unauthorised deductions. This law states that companies with fewer than 1,000 employees must pay wages before the 7th day of each month while organisations with over 1,000 employees must issue payments before the 10th day of the month. It’s important to note that this act applies to employees earning Rs 24000 per month.

Minimum Wages Act

The Minimum Wages Act aims to protect workers from exploitation by defining a minimum wage. Provincial governments are involved in setting the minimum wage, which is why it varies across states and sectors. Employers must ensure that they pay their employees at least the minimum wage applicable to their region and industry to guarantee basic standard of living.

Employees’ Provident Fund Act

The Employees’ Provident Fund and Miscellaneous Provisions Act requires employers and employees to contribute to a retirement savings scheme. Any company with 20 or more employees must deduct Provident Fund (PF) contributions for eligible workers. PF contributions are calculated based on an employee’s basic pay and dearness allowance, and retaining allowances with both the employer and employee contributing the same amount.

Employees’ State Insurance Act

The Employees ‘State Insurance Act requires employers and employees to contribute to provide certain benefits to employees in case of sickness, maternity and employment injury. Any company with 10 or more employees must deduct ESI contributions for eligible workers.

Municipal Law

State specified professional tax

Professional tax is the tax levied and collected by the state governments in India. It is direct tax. Different states have different rates and methods of collection. It is deducted by the employer from their employee every month and remitted to state Municipal corporation.

Tax Deduction at Source

Tax Deduction at Source (TDS) requires employers to deduct income tax from their employees’ salaries at source. The amount of TDS varies depending on the employee’s income tax slab and applicable deductions. Employers must calculate TDS accurately and send it to the Income Tax Department by the 7th day of the next month.

Payroll compliance in India

Importance of payroll compliance

Payroll compliance has wide-ranging implications for companies of all sizes. From avoiding penalties and preserving your company’s reputation to building trust with employees and making sure your business runs smoothly — adhering to payroll regulations is critical to your company’s success.

Legal obligations

Complying with payroll regulations isn’t just a good practice; it’s a legal requirement. Employers are responsible for following the laws set by the central and state governments. Failing to meet these legal obligations can have severe consequences, including hefty fines and even severe legal action.

In some cases, non-compliance can lead to investigations by government authorities, which can disrupt normal business and draw resources away from core activities. What’s more, payroll compliance helps you avoid losing any government benefits, incentives or subsidies.

Employee satisfaction

Processing payroll accurately and on time keeps employees happy and motivated because staff rely on this money to support their families. When payroll runs smoothly, employees trust your company more because you’re showing them that you value their rights and well-being.

On the other hand, payroll errors can lead to a lot of frustration. Mistakes like underpayment and delayed payslips can cast doubts over your company’s reliability and reputation. Over time, these issues can erode employee morale, leading to lower productivity and higher staff turnover.

Financial stability

Maintaining payroll compliance helps you avoid unexpected costs, such as fines and penalties, which can be particularly damaging for small businesses. Similarly, payroll compliance prevents potential issues with tax authorities and helps you keep a clear picture of your company’s finances.

Compliance can actually save you money in the long run because you’re less likely to face costly legal disputes or audits. In addition, if you pay your employees the right amounts at the right time, they’re more likely to stay with your company, reducing the costs associated with higher turnover.

Importance of payroll compliance

The cost of non-compliance

Non-compliance with payroll regulations can lead to severe financial penalties and even legal problems. For example, businesses found in violation of the Payment of Wages Act, Provident Fund regulations (default Contribution along with interest 12% damages Max 25%) or tax-related obligations can face fines of up to Rs 50,000 as well will get into the “default employers List” in the eyes of Bureaucrats.

In 2024 alone, businesses are estimated to have paid the Indian Government Rs 627 crore in fines due to late filing1. What’s more, payroll non-compliance affects more than just finances. It can also harm a company’s reputation, making it harder to attract top talent and secure business deals.

The cost of non-compliance

Common payroll mistakes in India

Many companies often overlook important payroll rules or make errors in tax deductions and filings, leading to fines and even legal action. Fortunately, understanding these common mistakes can help you avoid serious issues down the road. Here are some of the most common payroll mistakes:

Common payroll mistakes in India

How to avoid payroll compliance mistakes

Investing in the right tools is essential to avoiding payroll compliance mistakes. That’s why 67% of Indian companies are now using payroll software2 to manage their payroll. It not only automates key tasks like tax calculations but also keeps businesses up to date with any changes in payroll laws.

In simple terms, payroll software makes it easy to process payroll accurately, maintain compliance with payroll taxes and adapt to changing payroll legislation. The right payroll solution ultimately helps you stay compliant, avoid penalties and ensure your employees are paid correctly and on time.

 

1 The Economic Times, India – The government is estimated to have earned up to Rs 627 crore from late ITR filing fees till August 22, 2024
2 Deloitte India Human Capital Trends Report 2024

How to avoid payroll compliance mistakes

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