Chartered Accountants◆Practising since 2016

V. Payroll & People

Payroll, social security and expatriate tax in India

Running payroll in India means more than paying salaries. Each month tax is withheld and deposited, provident fund and employee insurance contributions are paid, state professional tax is deducted, and the year closes with tax certificates for every employee. Since November 2025 the four labour codes govern wages, social security and working conditions, and expatriates bring their own tax and provident fund rules.

Cycle
Monthly
Withholding
TDS on salaries by the 7th
Social security
PF and ESI by the 15th
Framework
Four labour codes (2025)

§ 1

What changed with the labour codes

The Code on Wages, the Code on Social Security, the Industrial Relations Code and the Occupational Safety, Health and Working Conditions Code came into force on 21 November 2025, consolidating 29 earlier labour laws. For payroll the most visible change is the uniform definition of 'wages': if allowances excluded from wages exceed half of total remuneration, the excess is added back to wages, which increases provident fund and gratuity costs for structures built on a low basic salary.

Gratuity is now payable to fixed-term employees after one year of service rather than five, and timelines for full and final settlement have tightened. Salary structures, appointment letters and policies drafted before the codes should be reviewed.

Expatriates working in India are 'international workers' for provident fund purposes and must contribute on their full salary unless they come from a country with which India has a social security agreement and hold a certificate of coverage. Their Indian tax depends on residence status, the treaty with their home country and how home-country payments are structured.

§ 2

The law that applies

Code on Wages, 2019Definition of wages, minimum wages, timely payment and deductions.
Code on Social Security, 2020Provident fund, employee insurance, gratuity, maternity benefit and international workers.
Income-tax Act, 2025TDS on salaries, perquisite valuation, residence and relief for foreign taxes.
State professional tax and labour welfare fund lawsState-level deductions and registrations.
Social security agreementsExemption from Indian PF for covered expatriates.

§ 3

Issues and how we solve them

The problems that most often hold up or complicate this work, and how we deal with each.

  1. Issue 1

    Salary structures built on a low basic salary no longer work under the wage definition.

    Our approach

    We model current structures against the 50% rule, show the PF and gratuity impact, and propose compliant structures that keep take-home pay as close as possible.

  2. Issue 2

    Expatriates are paid partly abroad and Indian tax is withheld only on the Indian portion.

    Our approach

    We collect home-country payments, apply the correct residence status and treaty position, withhold on total taxable income and handle tax equalisation calculations where the employer has a policy.

  3. Issue 3

    PF is not deducted for an expatriate because their salary is high.

    Our approach

    The salary ceiling does not apply to international workers. We register them, collect certificates of coverage where available, and regularise past periods if contributions were missed.

  4. Issue 4

    Full and final settlements miss the statutory deadline.

    Our approach

    We run exits on a fixed calendar with leave encashment, gratuity and tax computed so payment can be made within the time the codes require.

§ 4

Process and timeline

  1. 1

    Set-up

    Before first payroll

    Registrations (PF, ESI, professional tax, labour welfare fund), salary structures and payroll calendar.

  2. 2

    Monthly

    Monthly

    Inputs, payroll run, payslips, TDS, PF, ESI and professional tax payments.

    Filing: TDS by the 7th · PF and ESI by the 15th

  3. 3

    Quarterly

    Quarterly

    TDS returns for salaries.

  4. 4

    Annual

    April–July

    Tax certificates, investment proofs, gratuity valuation inputs, expat tax returns.

§ 5

Ongoing obligations

ObligationBasisWhen
TDS on salariesIncome-tax Act, 20257th of the following month
Provident fund contributions and returnCode on Social Security15th of the following month
Employee insurance contributionsCode on Social Security15th of the following month
Professional taxState lawsMonthly or as per state
Annual salary tax certificatesIncome-tax Act, 2025By 15 June

§ 6

Our scope of work

Included

  • Statutory registrations
  • Salary structure review under the codes
  • Monthly payroll and payslips
  • TDS, PF, ESI, professional tax
  • Quarterly TDS returns and annual certificates
  • Expatriate tax and PF
  • Full and final settlements

Not included (quoted separately)

  • Employment contracts and HR policies (legal drafting)
  • Immigration and visa applications

§ 7

Questions

Do expatriates have to contribute to provident fund in India?

Yes, as international workers, on their full salary, unless they are from a country with a social security agreement with India and hold a certificate of coverage.

What does the 50% wage rule mean?

Under the labour codes, if excluded allowances exceed half of total remuneration, the excess is counted as wages for contributions and benefits such as provident fund and gratuity.

When is an expatriate tax resident in India?

Broadly, if they are in India for 182 days or more in the tax year, or meet the alternative tests linked to the preceding years. Residence decides whether worldwide or only Indian income is taxed.

Prepared by CA Utsav Dogra, Chartered Accountant, ICAI M. No. 542375, SU and Company · Last reviewed 4 November 2026. General information only, based on the law as it stood on that date; it is not advice for any particular case.

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