Contract Employees PF Withdrawal before 5 Years

The Contractor (Labour Supplier) have deposited the PF contribution of Contract Employees in Company's PF Trust during the year 1995-2000.

The Contract Employees now wanted to withdraw the PF from Company's PF Trust. The total service of Contract Employee's is less than 5 years.

Whether the TDS will be applicable on premature of PF withdrawal considering the total service is less than 5 years? If yes, under which section and what will be the rate?
Replies (4)
Quick Summary
This discussion explores TDS applicability for contract employees withdrawing PF from a company's trust before completing 5 years of service. The initial response suggests Section 192A of the IT Act applies, with TDS rates of 10% or 20% depending on PAN seeding, unless Form 15G/15H is submitted and income limits are met. However, a counterpoint is raised that Section 192 might be more appropriate for company PF trusts, prompting further clarification.

Yes. U/s. 192A of IT act, provided the amount is 50000 or more.

As per the PF withdrawal rules, if the EPF/PF account is attached with PAN, in that case rate of TDS deduction will be 10% while in the case of EPF account not seeded with PAN, the TDS rate will get doubled means 20%.

The TDS can be avoided only if the PF member submits Form 15G or Form15H (for those above age 60) and the annual income in the financial year is less than Rs 2.5 Lakh

 

 

To the best of my understanding section 192A doesn't apply on Company's PF Trust. Section 192 should apply. Any thoughts?

Details of Sec 192

https://cleartax.in/s/section-192

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