10 March 2014
I am joining another organization after working for 4 years in my current organization. PF laws are not applicable on the new organization at the moment and will be applicable after approx. 1 -1.5 year. I don't want to pay tax by withdrawing my PF balance and can't even transfer it for the time being. Please advise is it possible that I can hold my balance for more than a year and still retain the period of 4 years served so that once I transfer the amount, the condition of 5 years of continuous service will be met only after 1 more year of service in the new company.
10 March 2014
you can withdraw the money after one year
Guest
Guest
(Querist)
10 March 2014
Hi Rupesh, I mean that I want to transfer the balance after 1 year into my new company account and then will those 4 years of service (in last company)be valid for providing me exemption making a total of 5 years of continuous service
Thanks for the clarification. Your question is very relevant and here's a clear breakdown to help you avoid tax on your Provident Fund (PF) withdrawal and ensure exemption under Section 10(12) of the Income Tax Act.
โ Objective:
You want to retain your PF balance from your old company, not withdraw, and later transfer it once your new company becomes PF-registered โ so that your total PF contribution period adds up to 5 years for tax-free withdrawal.
๐ Key Rule: Tax Exemption on PF Withdrawal
As per Section 10(12) read with Rule 8 of Part A of the Fourth Schedule:
PF withdrawal is tax-free only if you have completed 5 years of continuous service. "Continuous service" includes the period with previous employers if PF is transferred โ i.e., no break in PF membership. โ Your Plan โ Is it Valid?
Youโre asking: Can you wait 1 to 1.5 years, then transfer your old PF into the new company's PF account (once they register)? Will that count as 5 years of continuous service? โ Yes โ This is possible, if: You do not withdraw the PF. You retain your PF account with the old employer (EPFO). Once the new employer gets PF registration, you transfer the old PF into the new PF account. In this case:
Your service period with the old employer (4 years) + future service in the new company will be combined. It will be treated as continuous service for PF purposes. ๐ Once total service reaches 5+ years, withdrawal will be tax-free.
โ ๏ธ Important Notes:
Do not withdraw PF now, or else: It will be treated as a premature withdrawal (less than 5 years), Youโll have to pay tax on employer contribution, interest, and claim reversal of Section 80C benefits. Interest on the PF account (if left idle) is tax-free for 3 years after you leave your job. After 3 years, interest earned becomes taxable as โIncome from Other Sourcesโ. Keep UAN active and ensure KYC is updated. This will make the eventual transfer process easier. โ What You Should Do:
Keep your UAN active. Donโt withdraw PF. Wait until your new employer gets registered under EPFO. Then initiate a PF transfer using the EPFO Member Portal. Ensure your total service adds up to 5 years, and then withdraw, tax-free. ๐ Summary:
Item Status Withdraw PF now โ Taxable (premature withdrawal) Hold PF, transfer after 1 year โ Valid Service period combined โ Yes, if PF is transferred Tax-free withdrawal โ After completing 5 years combined