New Form 12BAA Issued by CBDT to Report Non-Salary Taxes Paid by Employees

The Union Budget 2024 brought a notable shift for salaried employees with the introduction of Form 12BAA, a new tax form issued by the Central Board of Direct Taxes (CBDT). Form 12BAA is designed to enable employees to report details of taxes paid on non-salary income directly to their employers. This initiative is intended to simplify tax calculations and optimize cash flow for salaried individuals by ensuring that all Tax Collected at Source (TCS) and Tax Deducted at Source (TDS) are accounted for accurately.

What is Form 12BAA?

Form 12BAA provides a structured way for employees to declare taxes paid on income sources outside of salary. Unlike previous forms, this new form specifically captures non-salary income details, allowing employees to offset TDS and TCS from other sources against TDS on their salary income.

Non-salary income sources covered in this form include:

  • Earnings from fixed deposits
  • Commissions from insurance policies
  • Dividends from equity investments
  • TCS collected on large expenditures, such as car purchases or foreign currency transactions.

By sharing this information with their employer, employees help ensure a more accurate TDS calculation on salary, potentially easing cash flow issues. This development is part of the government’s effort to streamline tax credit claims and minimize the need for refunds by enabling employers to consider all TDS and TCS payments when calculating tax on salary.

How Does Form 12BAA Benefit Employees?

Employers typically calculate TDS on salary based on employee-provided information regarding investments and deductible expenses. However, TDS and TCS from other income sources have not previously been factored into this calculation. With Form 12BAA, employees can now declare these other tax credits, which may reduce the total tax withheld from their salaries, resulting in improved cash flow and increased disposable income.

Introduced on October 1, 2024, this new reporting form allows employees to report non-salary TDS or TCS to their employer. It’s worth noting, however, that while the form must be submitted to the employer, there is currently no specific method prescribed for how employees should communicate these details.

Structure of Form 12BAA

Form 12BAA requires employees to provide detailed information about TDS and TCS payments, including:

  • TDS Details:

    • Section under which tax was deducted
    • Name and address of the deductor
    • TAN of the deductor
    • Amount of tax deducted
    • Amount received or credited
 
  • TCS Details:

    • Section under which tax was collected
    • Name and address of the collector
    • TAN of the collector
    • Amount of tax collected

This level of detail aims to ensure that employees can accurately reflect the TDS and TCS on non-salary income, which their employers can then incorporate when calculating salary-based TDS.

Form 12BA vs. Form 12BAA: What’s the Difference?

While Form 12BAA deals with non-salary income reporting, Form 12BA is the form used by employers to disclose perquisites and other benefits provided to employees earning above Rs 1,50,000 annually. These perquisites may include items like rent-free accommodation, contributions to superannuation funds, or travel expenses. Employees with a salary under Rs 1,50,000 need not worry about Form 12BA, as the details in ‘Part B’ of Form 16 cover the necessary information.

Budget 2024: Enhancements in TCS and TDS Provisions

During the 2024 Budget presentation, Finance Minister Nirmala Sitharaman highlighted the necessity of including TCS credits when calculating salary TDS. This amendment aims to reduce the compliance burden on employees by allowing a more comprehensive calculation of tax obligations, minimizing refund claims and easing the tax filing process.

Form 12BAA, combined with the updated provisions in Budget 2024, provides employees with an efficient way to disclose all TDS and TCS paid, improving their overall tax compliance experience and ensuring they receive the full benefits of their eligible tax credits.

As we move forward, Form 12BAA will play a crucial role in simplifying tax deductions for employees, empowering them to optimize their finances with greater transparency and ease.

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