Tuesday, April 16, 2019

BENEFITS OF EMPLOYEE’S STATE INSURANCE

Employee’s State Insurance is a self-financing social security and health insurance scheme for Indian workers. This fund is managed by the Employees’ State Insurance Corporation according to rules and regulations stipulated there in the ESI Act 1948, IT’s a comprehensive social security program for workers.
The ESI scheme provides access to medical treatment, medical facilities, cash compensation and other support for insured persons in the event of medical contingencies, such as sickness, maternity, death or disablement due to employment injury and occupational disease. 
ESI registration and monthly compliance are mandatory in India for businesses and establishments employing 10 or more persons. The rates are revised from time to time. Currently, the employee’s contribution rate (w.e.f. 1.1.97) is 1.75% of the wages and that of employers is 4.75% of the wages paid/payable in respect of the employees in every wage period. Click here to Register on ESIC Scheme
Medical Benefit full medical facilities for self and dependants are admissible from day one of entering insurable employment. Whereas, the primary, outpatient, inpatient and specialist services are provided through a network of Panel clinics, ESI dispensaries and hospitals, super speciality services are provided through a large number of advanced empanelled medical institutions on a referral basis.
Eligibility to Medical Benefit
  • From day one of entering insurable employment for self and dependants such as spouse, parents and children, own or adopted.
  • For self and spouse on superannuation subject to having completed five years in insurable employment on superannuation or in case of having suffered permanent physical disablement during the course of insurable employment.
  • The rate of contribution for superannuated/disabled IPs is Rs.120/- per annum payable in a lump sum at a Branch office for availing full medical care for self and spouse.
Sickness Benefit is payable to an insured person in cash, in the event of sickness resulting in absence from work and duly certified by an authorised insurance medical officer/practitioner. ESIC provides 70% of average daily wages in cash during medical leave, up to 91 days in two consecutive benefit periods.
Eligibility to Sickness Benefit
  • The benefit becomes admissible only after an insured employee has paid a contribution for at least 78 days in a contribution period of six months.
  • Sickness Benefit is payable for a maximum of 91 days in two consecutive contribution periods (one year)
Extended Sickness Benefit is payable to insured persons for the period of certified sickness in case of specified 34 long-term diseases that need prolonged treatment and absence from work on medical advice.
Eligibility to Extended Sickness Benefit
  • For entitlement, to this benefit, an insured person should have been in insurable employment for at least two years. He/she should also have paid a contribution for a minimum of 156 days in the preceding four contribution periods or say two years.
  • The worker can claim extended sickness benefit for up to two years on the basis of proper medical certification and authentication by the designated authority.
  • The amount payable in cash as extended sickness benefit is equal to about 80 per cent of the daily wages.
Enhanced Sickness Benefit equal to full wage is payable to insured persons is payable to the female worker for 14 days and for 7 days in the case of male workers.
Maternity Benefit is payable to insured women in case of confinement or miscarriage or sickness related thereto. ESIC provides 100% of average daily wages in cash up to 26 weeks in confinement and 6 weeks in case of miscarriage, during maternity leave and 12 weeks for commissioning mother and adopting mother.
Eligibility to Maternity Benefit
  • For claiming the benefit an insured woman should have paid the contribution for at least 70 days in two consecutive contribution periods i.e. one year.
  • The benefit is normally payable for 12 weeks which can be further extended up to 16 weeks on medical grounds.
  • The rate of payment of the benefit is equal to full wages or double the Standard Sickness Benefit rate.
  • The benefit is payable within 14 days of submission of duly authenticated the claim papers.
Disablement Benefit is payable to insured employees suffering from physical disablement due to employment injury or occupational disease



Eligibility to Disablement Benefit
  • An insured person should be an employee on the date of the accident.
  • Temporary disablement benefit @ 90 per cent of the wages is payable till temporary disablement lasts and is duly certified by authorised insurance medical officer.
  • In the case of permanent disablement, the cash benefit is payable for life. Amount payable is worked out on the basis of loss of earning capacity determined by a medical board.
  • Disablement benefit is payable within one month of submission of the complete claim papers.
Dependants benefit (family pension) at the rate of 90% of wage in the form of monthly payment is payable to dependents of a deceased insured person where death occurs due to employment injury or an occupational disease.
Eligibility to Disablement Benefit
  • A widow can receive this benefit on a monthly basis for life or till her re-marriage.
  • A son or daughter can receive this benefit till eighteen years of age.
  • Other dependants like parents including a widowed mother etc. can also receive this benefit under certain conditions.
  • The first instalment is payable within a maximum of three months following the death of an insured person and thereafter, on a regular monthly basis.














Wednesday, April 10, 2019

HOW TO CALCULATE TDS ON CONTRACT EMPLOYEE

What is TDS

TDS is simply Tax Deducted at Source.  As per the Income Tax Act – persons responsible for making payments are required to deduct tax at source at prescribed rates. Instead of receiving tax on your income from you at a later date, the govt wants the payers to deduct tax before hand and deposit it with the govt.

WHAT IS THE RATE OF TDS FOR CONTRACT EMPLOYEE?

S. NoNature of PaymentTDS Rate if PAN availableTDS Rate if PAN not available
1Payment / Credit to resident individual or HUF1%20%
2Payment/Credit to any resident person other than individual / HUF2%20%
3Payment/ credit to TransportersNIL20%
Note: In case of payment not exceed of Rs 30,000 or aggregate payment during the financial year does not exceed Rs 1,00,000 then any need to deduct the TDS.
Issue of TDS certificate
The Person who deducting TDS he also need to issue Form 16A & 16B issued on quarterly basis. The Details for TDS Deposited can be view by person whose TDS has been deducted by checking Form 26AS.
The certificate is to be issued by following dates:
QuarterDue date for Non-Government deductorDue date for Government deductor
April to June30th July15th August
July to September30th October15th November
October to December30th January15th February
January to March30th May30th May
What is the procedure for refund of TDS?
There is no specific refund process or form to claim TDS refunds. You must file your income tax returns in the normal manner. The excess of TDS over what you are supposed to pay as tax in the year will be the refund amount due, and this needs to be shown in the returns filed.
What is the penalty for late filing of TDS return? 
  • Late filing fee (if you do not file by the deadline)
Rs 200 per day (two hundred) until your return is filed
  • Interest (if you do not deposit the TDS amount in time)
Non deduction of tax at source, either in whole or in part then 1% & After deduction of tax, non payment of tax either in whole or in part then 1.5%
  • Penalty (if TDS is not filed within one year of the due date)
Assessing officer may direct a person who fails to file the statement of TDS within due date to pay penalty minimum of Rs.10,000 which may be extended to Rs.1,00,000.

Wednesday, April 3, 2019

HOW DO I ADD OR REMOVE PARTNER IN LLP




Consent of all existing Partners is usually required. However, if the LLP agreement permits, one Partner can also have the powers to admit new Partners to the LLP without the consent of all the existing Partners in the LLP. The new Partner wishing to join the LLP must give intimation of his/her intent to join the LLP in Form 6.
Procedure to add a designated partner:
  1. PAN Card of the applicant
  2. Aadhaar Card of the applicant
  3. Photo of the applicant
  4. Email Id of the applicant
  5. Phone number
  6. Consent to act as a partner or designated partner.
  7. Details of other partnership, directorship, if any.

After Appointment of Designated Partner LLP is required to inform concerned Registrar of Companies i.e. in whose jurisdiction Registered office of LLP is situated, In E-FORM LLP-4 available on www.mca.gov.in, within 30 days of appointment.
Note: Please ensure to file necessary forms within Prescribed time as a late fee is Rs.100/- per day for each day of delay which has no upper limit.
A Partner in an LLP may cease to be a partner of an LLP in accordance with the LLP agreement between the Partners. If the LLP agreement doesn’t have any restrictions, then a Partner in an LLP can resign from an LLP by providing notice of resignation in writing not less than 30 days to the other Partners in the LLP.
Filing of LLP Form 4
To effect a resignation or removal or cessation of Partner from LLP, LLP Form 4 must be filed within 30 days of removal or resignation or cessation of Partner. Form 4 must be signed by a Designated Partner of the LLP and must be filed along with a Certificate from a Chartered Accountant or Company Secretary or Cost Accountant in practice. The Chartered Accountant or Company Secretary or Cost Accountant must certify that the books and records of the LLP have been found to be true and correct.

Penalty on late filing of Income Tax Return

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