provisions-of-advance-tax-in-india

What are the Provisions of the Advance Tax in India?

Advance tax provisions in India require paying tax in instalments throughout the year, ensuring timely compliance for individuals and businesses.

Key Takeaways 

  • Advance tax is calculated based on an estimate of total income from all sources, such as salary, business profits, capital gains, rental income, and interest earnings.
  • Taxpayers can reduce their taxable income by claiming deductions under sections like 80C (investments), 80D (health insurance), and exemptions such as HRA and LTA.
  • Once taxable income is determined, the applicable income tax slab rates (as per the old or new regime) are applied to calculate the total tax liability.
  • Tax Deducted at Source (TDS) from salary or other income is subtracted from the total tax liability to determine the advance tax amount.
  • Taxpayers can avoid penalties by estimating their income correctly, making timely payments, and adjusting their tax-saving investments under sections like 80C and 80D.

What are the Provisions of the Advance Tax in India?

In India, advance tax refers to the activity of paying a portion of your taxes before the financial year ends. According to Section 208 of the Income Tax 1961, every individual whose estimated income tax liability for a given financial year is Rs 10,000 or more should pay his or her tax in advance, hence the term ‘advance tax ‘pay-as-you-earn’ scheme. The payment of the advance tax must be made in the financial year in which the taxpayer receives the income.

The primary benefit of paying advance tax is that you do not have to pay the whole tax at one go, once the financial year ends. The payment of advance tax is to be made in four instalments within the stipulated due dates of advance tax payment.

Accordingly, taxpayers are expected to pay at least 15% of their income tax liability on or before 15th June, 45% by 15th September, not less than 75% by 15th December, and the total tax liability calculated by 15th March of each financial year. Depending upon the changing income estimates, the advance tax payable may reduce or increase as the instalments progress.

Payment of Advance Tax for Self-Employed and Business Owners:
 

Due DateAmount payable
Before September 15>= 30% of total advance tax liability
Before December 15>= 60% of total advance tax liability
Before 15th March100% of the total advance tax liability


Payment of Advance Tax for Organisations
 

Due DateAmount payable
Before 15th June>=15% of total advance tax liability
Before September 15>=45% of total advance tax liability
Before December 15>=75% of total advance tax liability
Before 15th March100% of the total advance tax liability

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Payment of Advance Tax for Salaried

In the case of salaried individuals, there is no need for them to pay advance tax, as it is their employer’s responsibility to deduct tax at source (or TDS). Payment of advance tax is applicable in cases wherein an individual has other sources of income, apart from a fixed salary. Thus, incomes earned from sources such as capital gains on shares, lottery winnings, interest on fixed deposits, capital gains on house property, or salaried income are subject to advance tax payment after adjusting for any expenses or losses.

You must consider here that while your employer may deduct TDS on your salary, the advance tax is paid on income which is not subject to TDS.

How to File Advance Tax?

To pay advance tax, individual taxpayers may use tax payment challans at any of the authorised bank branches or pay online through the National Securities Depository or the Income Tax department. Alternatively, taxpayers can also pay advance tax to the Reserve Bank of India

In case you miss the deadline or pay less than the mandatory percentage of the advance tax, you would have to pay an additional amount as interest. This interest amount is calculated at 1% per month simple interest (for three months) on the defaulted amount. Moreover, the same interest penalty would be applicable if you miss out on the second consecutive deadline. In case you continue to miss out on the payment of advance tax on or before the final deadline (i.e., 15th March), you would have to pay 1% simple interest for every month until you fully pay the tax.

If you end up paying a higher advance tax, you would be eligible to receive a refund of the excess amount along with an interest amount calculated at 6% per annum (if the excess amount is more than 10% of the total tax liability).

How is Advance Tax Calculated?

Calculating advance tax involves estimating your total taxable income for the financial year, deducting eligible exemptions and deductions, and applying the applicable tax rates. The Income Tax Act has clear advance tax provisions that specify when and how tax payments must be made.

Step-by-Step Calculation of Advance Tax
 

  • Estimate Your Total Income: Consider all sources of income, including salary, business profits, capital gains, rental income, and interest earnings.
  • Subtract Deductions and Exemptions: Reduce the income by claiming eligible deductions under various sections, like Section 80C, 80D, and 80E, along with exemptions such as HRA and LTA.
  • Compute Tax Liability: Apply the applicable income tax slab rates based on the old or new tax regime to determine your total tax liability.
  • Deduct TDS and Other Tax Credits: If Tax Deducted at Source (TDS) has already been deducted from your salary or other income, subtract it from your total tax liability.
  • Check Advance Tax Applicability: If your total tax liability exceeds ₹10,000 after deducting TDS, you are required to pay advance tax under the advance tax section of the Income Tax Act.
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Did You Know?

Advance tax payments are made in 4 instalments: 15% by June 15, 45% by September 15, 75% by December 15, and 100% by March 15 of the FY.

 

Source: BusinessToday

 

Young Term Plan

Advance Tax Due Dates & Instalments for FY 2025-26 (AY 2025-27)

To ensure the timely collection of taxes, the government has specified instalment deadlines for advance tax payments. 

Due Date

% of Advance Tax Payable

15th June 2025

15% of total tax liability

15th September 2025

45% of total tax liability (cumulative)

15th December 2025

75% of total tax liability (cumulative)

15th March 2026

100% of total tax liability

Taxpayers must ensure that they calculate and pay advance tax based on their estimated income for the year to avoid interest penalties under Sections 234B and 234C of the Income Tax Act.

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What Happens If You Miss an Advance Tax Payment?

Paying advance tax on time is crucial to avoid unnecessary interest and penalties. The advance tax provisions under the Income Tax Act require taxpayers to make timely payments in four instalments throughout the financial year. But what happens if you miss a due date or fail to pay the required amount? Let’s break it down.

Interest on Late Payment (Section 234B & 234C)

If you miss an advance tax payment or underpay your dues, you may have to pay interest under Sections 234B and 234C of the Income Tax Act.

  • Section 234B: If you fail to pay at least 90% of your total tax liability before the end of the financial year, you will be charged an interest of 1% per month or part of a month on the unpaid amount from April 1st of the assessment year until the payment date.

  • Section 234C: If you do not pay the prescribed percentage of advance tax within the due dates, you will be charged 1% interest per month on the shortfall for each instalment missed.

Penalty for Non-Payment of Advance Tax

Apart from interest, non-payment of advance tax can lead to penalties imposed by the assessing officer. While there is no specific penalty provision under the advance tax section of the Income Tax Act, repeated non-compliance may invite scrutiny, additional fines, or even prosecution in extreme cases. The Income Tax Department may also adjust your refund against pending tax liabilities.

Can You Reduce Your Interest Liability?

Yes, you can take steps to minimise your interest liability on advance tax:

  • Estimate your income accurately: Regularly review your earnings and tax liability to ensure you pay the correct amount in each instalment.

  • Pay shortfalls immediately: If you realise you’ve missed an instalment or underpaid, make the payment as soon as possible to reduce the interest accumulation.

  • Adjust tax-saving investments: If you anticipate a higher tax liability, consider making eligible investments under Sections 80C, 80D, or other deductions to reduce taxable income.

Conclusion

Understanding the provisions of advance tax helps taxpayers plan their tax payments efficiently and avoid unnecessary penalties. If your annual tax liability exceeds ₹10,000, ensure you meet the instalment deadlines to stay compliant with the advance tax provisions. Regular assessment of income and tax liability can help minimise interest costs and ensure hassle-free tax filing.

Glossary

  1. Advance Tax: Tax paid in instalments during the year if the liability exceeds ₹10,000 after TDS.
  2. Section 234B: Interest at 1% monthly for not paying 90% of the total tax by year-end.
  3. Section 234C: Interest at 1% monthly for missing advance tax instalment deadlines.
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Uncertain About Insurance

Disclaimer - This article is issued in the general public interest and meant for general information purposes only. The views expressed in this blog are solely those of the writer and do not necessarily reflect the official policy or position of Canara HSBC Life Insurance Company Limited or any affiliated entity. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained in the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You should consult with a qualified professional regarding your specific circumstances before taking any action based on the content provided herein.

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