When employers deduct tax from salaries at source, they are responsible for issuing a TDS certificate for the same. This TDS certificate is commonly known as Form 16 and outlines the salary paid to the employee as well as the tax deducted and remitted to the government. Since Form 16 serves as a proof of TDS deductions, it is a crucial tool used by salaried employees to assess their tax liabilities and file their returns. However, what happens when your employer fails to issue Form 16? This article outlines 8 critical FAQs on filing returns without Form 16.
Common FAQs on filing returns without Form 16
Question 1: Can I file my ITR without Form 16?
Yes, you can file your ITR without Form 16. In the absence of Form 16, you can file your taxes by manually reporting your income by using salary slips, investment documents, rent receipts, and Form 26AS. To do so, you will need to calculate your total income, deduct applicable deductions, and compute your final tax liability.
Question 2: Who issues Form 16?
According to the provisions of the Income Tax Act of 1961, employers are obligated to issue Form 16 to their employees. Form 16 is a TDS certificate that outlines the specific amount of tax deducted by the employer and paid to the government from the employee’s salary.
Question 3: When is Form 16 not issued by the employer?
Form 16 may not be issued by your employer in the following instances:
- If the employer has not deducted any TDS amount from your salary during the relevant fiscal year. This happens when your total taxable income is below the minimum threshold for the fiscal year.
- If you were terminated from the job before the specified timeframe outlined in your employment contract or due to job change without completion of exit formalities.
- If there are administrative reasons and negligence on the part of the employer.
- If the business shuts down due to financial difficulties.
Question 4: What documents do I need to file my ITR without Form 16?
Form 16 serves as a comprehensive document that outlines your salary income and tax deductions for the relevant financial year. However, in the absence of Form 16, you can use other relevant documents to file your taxes. You need to gather certain essential documents like salary slips, bank statements, Form 26AS, interest certificates, rental receipts, and relevant documents related to other income sources. Additionally, you also need to gather documents to claim deductions and exemptions, including home loan statements, HRA receipts, and LTA receipts.
Question 5: How can I declare TDS if I don’t have access to Form 16?
If your employer has made TDS deductions from your salary, but has failed to provide you with Form 16 in a timely manner, you can access TDS details using Form 26AS. Form 26AS acts as a consolidated tax statement that outlines all the TDS deducted against your PAN in the given fiscal year. To verify your TDS deductions, you can download the form online through the e-filing portal or the TRACES website.
Question 6: How to file my ITR without Form 16?
You can file your ITR without Form 16 using the following steps:
- Gather your salary slips for the given fiscal year and make applicable HRA and LTA deductions to arrive at taxable salary income.
- Calculate total income by adding income from other sources like bank and NBFC FDs, interest on savings accounts, capital gains, rental income, etc.
- Download Form 26AS to verify your TDS deductions.
- Identify and claim applicable deductions from your gross income u/s 80(C), 80(D), and other relevant sections.
- Subtract deductions and exemptions from your gross income to arrive at your total taxable income.
- Calculate your tax liability by applying the appropriate tax slab rate and pay your dues (if any).
- Choose the appropriate ITR form depending on your source of income and file your ITR. e-verify the same within 30 days.
Question 7: Do I have to file returns if my employer does not issue Form 16?
Yes. According to the Income Tax Act of 1961, you are obligated to file returns if your income is above the basic exemption limit, regardless of whether your employer issues Form 16 or not. The basic exemption limit is set at Rs. 2.5 Lakhs in the old regime and Rs. 3 Lakhs in the new regime.
Question 8: Can I generate Form 16 online?
Unfortunately, employees cannot generate Form 16 online directly from the Income Tax Department’s website. Your employer can download a copy of Form 16 from the e-filing portal or the TRACES website and you can request for a copy of the same.
Conclusion
Filing your returns without Form 16 is not only possible but also mandatory in certain instances. If your income for the given financial year is above the set minimum threshold, you must pay your taxes and file returns on time to avoid penalties and tax notices. The informative FAQS on filing ITR without Form 16 outlined above aim to simplify the process for you, making it as simple as shopping at an online marketplace.
