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Anonymous
Hi I need advice on PF contribution for one of company directors.
We have been depositing PF for one of companies directors (above 65+ yrs, 40% stake) who has not been paid monthly however paid remuneration as and when needed since we registered for PF (its 6 yrs old company). Now stake of this director is reduced to 0%. Do we still need to deposit PF for this director ? What is the process if we want to stop depositing PF contribution only for this director as is a non salaried person.
Please share your knowledge with accuracy.


Glidor
630

PF is not payable on stake or shareholding but payable on "salary" drawn

Labour Law Index
180

Firstly Director is not an employee. He is an agent. Till you have a specific contract or resolution by which you entitle a director to a remuneration appointing him as employee he will not be treated as employee. In such cases he is entitled to sitting fees and not remuneration. Sitting Fees is Taxable Under Section 194 J of Income Tax and Reverse Charge of Service Tax, ie making it a professional income and not salary.
PF is levied on Employee Salary. So if you are paying salary here then PF is deductible. As you are saying you are not paying him regularly this means there is no contract (i presume). Hence no PF is required. But you have to deduct TDS from his payment us 194J.
& All One Need To Know About Income Tax Deductions

From India, Kolkata
Anonymous
Thank you for your response. Now my query is if we have been depositing PF so far for this director can we stop it now and what is the process ? do we need to notify ?

saswatabanerjee
2383

Are you still paying him a salary ? or are you paying him a retainer ? or is the payment for some other things.... the answer to your query depends on the answer to the above.
From India, Mumbai
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