Wednesday, 15 February 2012

Should You Report Salary Received From Employer of Past to Your Current Employer?

Salary taxation is what effect majority of tax payers.When you quit a job and joined another employer during the same year, there comes in question whether the salary received from the employer of past be reported to current employer or you can afford to account for those salaries directly in the return of income yourself. This is post is trying to simplify the provisions of law for such cases.
First of all ,it must brought to attention of readers that one is legally bound to tell salarythe current employer his /her salary from another employer as provided under section 192 and the current employer has to deduct tax on the aggregate of salaries received during the year by the said employee. There is Rule 26 prescribed for this purpose and Form 12B should be used by the employee for reporting salaries
The CBDT Circular no Circular No. 5 dated 16 August 2011 under Para 3.4 stats as under on the same issue


Salary From More Than One Employer

:
3.4 Sub- section (2) of section 192 deals with situations where an individual is working under more than one employer or has changed from one employer to another. It provides for deduction of tax at source by such employer (as the tax payer may choose) from the aggregate salary of the employee who is or has been in receipt of salary from more than one employer. The employee is now required to furnish to the present/chosen employer details of the income under the head “Salaries” due or received from the former/other employer and also tax deducted at source there from, in writing and duly verified by him and by the former/other employer.
The present/ chosen employer will be required to deduct tax at source on the

aggregate amount of salary (including salary received from the former or other employer)

Income Tax Rule regarding salaries from more than one employer
Income Tax Rule 26 (1) provides that the employee shall report the salaries received from another employer in Form 12B .
Income Tax Rule 26(2) provides that Employer shall furnish statement of salary in
  • Form 16 if the

    amount of salary paid or payable

    to the employee is not more than one lakh and fifty thousand rupees; or
  • Form 12BA the amount of salary paid or payable to the employee is  more than one lakh and fifty thousand rupees; or

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