Employee or contractor or professional

We are a PVT ltd company and are making payment to few contractors only few times during the year. All these contractors are individuals and are close relatives of the company.

 

Can we show these contractor as temporary employees of the company so that there is no TDS issue if payment is above 75k ?

 

Is there any rule for showing someone as employee of the company ? Are we supposed to pay an employee consistently or it can vary ? Is it okay if pay then 20,000 in first month, 10,000 2nd month, 0 payment 3rd month , 15000 5th month and so on till end of financial year. can they be still considered as employee and not contractor ?

 

 

Replies (1)

If you Considered They are as your Employees You need to Deduct PF ESI & PT if your Organisation Comes Under PF, ESI Act.

If you Considered as Contract Employees You Need To Deduct TDS @ 10% on Payment and give Form 16A

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