CBDT Clarification on Salary TDS under New Tax Regime: Income Tax Circular 4/2023

The Central Board of Direct Taxes (CBDT) has issued Circular 4/2023 dated 5th April, 2023 to provide clarification on the deduction of Tax Deducted at Source (TDS) under Section 192 of the Income-tax Act, 1961, read with sub-section (IA) of Section 115BAC of the same act. This circular supersedes Circular No. C1 of 2020 dated 13th April, 2020 and shall be applicable for TDS during the financial year 2023-24 and subsequent years.

CBDT Clarification on Salary TDS and New Tax Regime: Income Tax Circular 4/2023

CBDT Income Tax Circular 4/2023 dated 05/04/2023: Clarification on Salary TDS u/s 192 and New Tax Regime u/s 115BAC

Introduction to the New Tax Regime under Section 115BAC of the Income-tax Act, 1961

The Finance Act, 2023 has introduced a new tax regime with effect from the assessment year beginning on or after 1st April, 2024. This regime applies to individuals, Hindu undivided families, associations of persons (other than cooperative societies), bodies of individuals (incorporated or unincorporated), and artificial juridical persons. Under this regime, the total income of the person will be taxed at the rates provided in sub-section (1A) of Section 115BAC, subject to certain conditions, including the non-availment of specified exemptions and deductions.

Opting Out of the New Tax Regime

The new tax regime is the default regime applicable to all the persons mentioned above. However, a person (not having income from business or profession) may opt out of this tax regime by exercising the option provided under sub-section (6) of Section 115BAC of the Act.

Concerns regarding TDS on Salary Income

Representations have been received regarding the TDS on salary income of a person under Section 192 of the Act, as the employer (deductor) would not be aware of the employee’s intention to opt out of the taxation under sub-section (1A) of Section 115BAC of the Act.

Intimation of Intended Tax Regime by Employees

To avoid any genuine hardship in such cases, the Board has directed that the employer shall seek information from each of its employees regarding their intended tax regime. The employees are required to intimate their intended tax regime to their employers for each year. Upon receipt of this information, the employer shall compute the employee’s total income and deduct TDS according to the option exercised.

Presumption in Case of No Intimation

If the employee does not make any intimation, it shall be presumed that the employee continues to be in the default tax regime and has not exercised the option to opt out of the new tax regime. In such a case, the employer shall deduct TDS on the employee’s income under Section 192 of the Act, according to the rates provided under sub-section (1A) of Section 115BAC of the Act.

Final Clarification

It is important to note that the intimation of intended tax regime by the employee would not amount to exercising the option in terms of sub-section (6) of Section 115BAC of the Act. The person shall be required to do so separately as per the provisions of the sub-section.

In conclusion, the CBDT Income Tax Circular 4/2023 provides clarity on the deduction of TDS under Section 192 and 115BAC of the Income-tax Act, 1961 and aims to resolve the concerns regarding TDS on salary income. Employers and employees are advised to follow the guidelines provided in the circular for a smooth and compliant TDS process.

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  1. Shweta Pathak
  2. Priya Mahapatra
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