Hi, I am Anil from Hyderabad. I have worked in HCL from Sep 2010 to Sep 2014, by mistake my Date of Birth is recorded wrong in HCL. I tried to transfer it to my current organization, but it did not work and have thrown date of birth conflict error. Since I do not expect cooperation from HCL for date of birth correction, I would like to withdraw my PF. Could you please let me know does DOB conflict obstruct my PF withdrawal?
*Note : I do not have a UAN number.
- Anil K
Expert Advice –
You are in a fix now. I can understand your condition. Please do understand that system of PF. Your records in the PF office are given by the employer. The PF office itself does not authenticates any employee. It is the responsibility of the employer to authenticate and give correct info to the EPFO.
Since, it was the employer who has given the date of birth at first place, he can only change it. Therefore, you need to go through the employer. The DOB correction form should be attested by the employer. So, it is better to fill the form and get it attested by the employer. You, yourself can submit it to the regional PF office. If it is not possible, you can get it attested by the bank manager. The manager should be from the bank which has your account. The success rate of this method is less than the first one. If you want to withdraw your PF there is a workaround. In the PF withdrawal form, fill the date of birth which is written in the PF records. You will get your money and chapter closed. I have faced similar situation and used this trick.
- Chandrakant Mishra
Follow Up Question –
Thanks a lot for your time/advice and quick response Chandrakant :) However when I started filling form 19 PF withdrawal, I got more obstacles. I am listing them out, need your advice one more time.
1. Form 19 asked me to enter UAN (if resigned after 1.7.2014). Unfortunately I resigned after 1.7.2014. till date I did not generate UAN. Now,
- if I have to generate UAN, then I have to enter my correct DOB in UAN Form. If I enter correct DOB,that would create a problem when they compare date of births of my previous company PF account's with UAN Account's.
- I am not sure whether I can submit the PF withdrawal form without entering UAN. If this works I am on a safe side, else you have to suggest.
2. My previous company has asked to attach two photocopies of PAN card. My PAN card is registered with correct DOB. Now if I send a photocopy of PAN card will they compare DOB registered in my PF Account with PAN Card's. if they do I will be in trouble. So need your suggestion on this.
3. I have posted to my previous company for PF Withdrawal with the following question "I would like to withdraw my PF in HCL, where my DOB is wrong. Could you please tell me whether I can withdraw PF without correcting my Date of Birth." who responded with following info: "Your PF amount is already settled in favor of RPFC Pune, hence no PF amount is pending at HCL, there is no question of withdrawal of PF amount from HCL." I do not understand what they meant to say. Does it mean I should not submit PF Withdrawal form to my previous company HCL?
4. I have heard that if I withdraw PF without completing at least 5 years of service, then they would deduct 30% percent tax. Is that true? If yes, then how to escape from tax deduction? Please advice.
Follow Up Expert Advice –
Thanks for your faith. It seems, you are really stuck. Sometimes, PF amount turns in a headache. However, we have to deal with it. It was the error by your employer or PF office, but you are suffering. I withdrew money because I left the job forever. I turned into a self employed person. The trick worked for me because my employer was cooperative and the HR manager himself suggested this way out. Your case is somewhat complicated as HR is not cooperating. Now, you have to put some extra effort. Your answers are given below, I have changed the order.
4. Yes, If you withdraw PF without completing 5 years continuous service, it turns taxable. If you give PAN, the TDS would be only 10%. If you submit form 15G along with PAN, there would not be a tax deduction at source. But, your amount would remain taxable. It will add up to your taxable income. The tax calculation of EPF is tricky.
3. Your employer may be going very technical. It may be responding to your exact wordings. The companies never keep PF money with itself. It is submitted to the EPFO, every month. For withdrawal, companies only process and attest the PF form. I think if you can, go to them and submit the withdrawal form. Did you ever submit the form 19 to your HR department while leaving the job? If yes, then your PF may be in the process.
1. I don't think UAN is mandatory. I saw the form again, there is no such instruction. However, you can check your UAN status. May be, it has been generated. For the time being, fill your incorrect DOB to check the UAN status.
2. Photo copy of pan card is not mandatory, the PAN number should be sufficient. However, some employers insist for photo copy to be on the safe side.
My Suggestion: Apply for the DOB change through your employer. It may take about 1-2 months. Once, it changes, Transfer your PF online.
Follow Up Question –
Thanks a lot for replying quickly. But however, you again put me in fix. I am sure that my previous employee would not cooperate. If they do not cooperate it is impossible for me to correct my Date Of Birth. I would need a suggestion which does not any cooperation from my previous employer and yesterday I posted an email to my previous employer asking for what they exactly meant by "Your PF amount is already settled in favor of RPFC Pune, hence no PF amount is pending at HC, there is no question of withdrawal of PF amount from HCL."
For which they replied with the following details. "Please refer attached annexure K containing your PF transfer details, which has been processed based on form-13 provided by your present employer." I am attaching that ANNEXURE K. that annexure contains MY UAN NUMBER. Yes I have initiated PF Transfer from my current company long time back who replied to me with an error that "Your previous organization Date of Birth does not match your Current Organization's" Now I would need a solution to withdraw my PF. That solution should not include DOB correction.
1. Can I submit PF withdrawal form to my previous employer now? Because I have submitted PF transfer form long time back & I am not sure whether I can or cannot.
2. If I submit Photocopy of PAN, will they compare DOB mentioned in PAN with UAN's or PF Account’s?
3. I think that my UAN number has recorded incorrect DOB, if yes would that be a problem? Please list all of the consequences.
4. What is pension withdrawal? Will that be settled with the PF Transfer/ PF withdrawal I am sorry for troubling you so much :)
Follow Up Expert Advice –
Don't presume that your employer would not cooperate. HCL is a big company and it must have a system. Why don’t you try once to rectify the date of birth? I have written in detail about how to correct the date of birth. If a particular employee is not cooperating, you should talk to his senior. If they bother to reply your mail, they will also forward your application. Try to be tactical. Why am I insisting on this? Because all other ways are more difficult.
You can also withdraw EPF without employer signature, but success rate is low. Even, you can also change DOB without employer signature. The process is similar to the withdrawal. Check my site for posts on these topics, there are plenty of material. Now your questions:
1. You can apply for PF withdrawal. There should not be a problem.
2. I can't say anything with assurance. There is nothing to lose if you try.
3. The UAN remains same throughout your jobs; hence it should have correct data. You need to rectify it for future as well. However, you should check it.
Log in at UAN portal to verify.
4. For pension withdrawal, you need to fill the form 10C. It is filled along with PF withdrawal form. Feel free to ask any thing about PF, investments, tax and insurance. I am here to serve you.
- Chandrakant Mishra
NOTE: This query was posted in the Premium Advice section to which Mr Chandrakant Mishra responded within 24 hours and gave follow up advice.