Profession tax registration mandatory for new companies, returns based on liability
New companies incorporated through SPICe+ and thereby have obtained Maharashtra PTRC registration numbers will have to file their first PTRC return from the month in which they liable to pay profession tax.
The Ministry of Corporate Affairs introduced spice+ form for incorporation of companies, which provides multiple services such as pan, tan, epf , esic registrations etc. Spice+ forms mandate Registration for Profession Tax shall for all new companies incorporated in the State of Maharashtra w.e.f 15th February 2020 irrespective of the liability to deduct profession tax from salary of the employees. Earlier Companies have to apply for profession tax registration only if the Company is liable to deduct and pay profession tax of employees.
The Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975 also amended to notify “a company, which has been incorporated under the provisions of the Companies Act, 2013, after the date of commencement of the Maharashtra State Tax on Professions, Trades, Callings and Employments (Amendment) Ordinance, 2020, shall at the time of its incorporation, obtain the certificate of enrollment and certificate of registration under this Act.”
Requirement of filing PTRC returns for newly formed companies:
However, vide notification No. PFT -1220/ C.R.-16/ Taxation-3. Dt. 07-08-2020 Maharashtra finance department provided that , such companies shall file first profession tax return from the month in which liability to pay tax arises and shall continue to file monthly return till the end of that year.