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EPFO Amnesty Scheme 2026: Eligibility, Benefits and Application Process

Guidance by StartupFlora

The Employees' Provident Fund Organisation notified the EPFO Amnesty Scheme 2026 on June 29, 2026. It gives establishments running exempted provident fund trusts a one time, six month window to fix a compliance gap that has existed for years: PF trusts recognised under the Income Tax Act, 1961, but never formally exempted under Section 17 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The window closes around late December 2026, so employers running private PF trusts need to act on this now rather than later. This guide breaks down who the EPFO Amnesty Scheme 2026 applies to, what it actually waives, and the exact steps to submit an application.

EPFO Amnesty Scheme 2026:

Who Is Eligible For EPFO Amnesty Scheme 2026

Category I

Category I

covers establishments seeking retrospective trust regularisation that have already started complying, or intend to comply going forward, as un-exempted establishments. In effect, these employers are willing to fold their employees into the standard EPFO framework from here on, while getting their past status regularised.

Category II

Category II

Covers establishments seeking retrospective regularisation while continuing to operate as exempted establishments under the Code on Social Security, 2020. These employers want to keep running their own trust going forward, but need their exemption status formally recognised and backdated.

What the Scheme Waives and Grants

What it means
Retrospective exemption
Exemption status and trust recognition apply from the trust's inception up to the designated cut-off date
Headcount and corpus waivers
Minimum employee strength and corpus size requirements under the Code on Social Security, 2020, are waived for eligible establishments
Compliance history waiver
The three year prior compliance requirement is deemed satisfied
Dues and damages relief
Pending assessments for dues, damages, and interest are withdrawn and stand abated, provided member accounts already received interest and contributions at or above statutory rates
Past orders
Previously finalised orders covered under the scheme are treated as void ab initio, subject to the scheme's conditions

How to Apply For EPFO Amnesty Scheme 2026

Prepare a Formal Application

Prepare a Formal Application

Draft a formal application addressed to the Central Government requesting exemption under the EPF Scheme.

Submit the Application

Submit the Application

Email your application to the concerned EPFO Regional Office that covers your establishment.

Send an Expression of Interest

Send an Expression of Interest

If you are still evaluating the scheme, send an expression of interest to rc.exemption@epfindia.gov.in to indicate your intent to apply.

Complete a CA Audit

Complete a CA Audit

Ensure your PF trust's financial accounts have been audited by a Chartered Accountant before submitting the application.

Complete Any Required Compliance Audit

Complete Any Required Compliance Audit

If EPFO directs a special or compliance audit after your application, complete it within three months.

Follow Up with the EPFO Regional Office

Follow Up with the EPFO Regional Office

Stay in touch with your Regional Office for application updates, verification, and further guidance throughout the process.

Documents and Compliance Checklist

CA-Audited Financial Statements

Submit audited financial statements of the PF trust certified by a Chartered Accountant.

Trust Inception Records

Provide documents showing the trust's date of inception to determine the applicable retrospective period.

Contribution and Interest Records

Include records proving that member contributions and interest credits meet or exceed the statutory minimum rate.

Compliance Category Details

Specify whether the establishment will continue as an un-exempted establishment (Category I) or an exempted establishment (Category II).

Previous EPFO Correspondence

Attach any previous notices, orders, or correspondence related to your trust's exemption history.

Refer to the Official EPF Scheme Notification

Review the Employees' Provident Fund Scheme, 2026 (Gazette Notification dated 29 June 2026) and the operational guidelines available on the EPFO website to ensure full compliance with the scheme requirements.

FAQs

The scheme was notified on June 29, 2026, and remains open for six months from that date, putting the deadline around late December 2026.
EPFO Regional Offices process applications. Employers can also send an expression of interest to rc.exemption@epfindia.gov.in.
Category I establishments are moving to, or already comply as, un-exempted establishments going forward. Category II establishments want to continue operating as exempted establishments under the Code on Social Security, 2020, while getting past status regularised.
Yes. Eligible establishments get a waiver on minimum headcount and corpus size requirements under the Code on Social Security, 2020, and the three year prior compliance rule is deemed satisfied.
Pending assessments for dues, damages, and interest are withdrawn and stand abated, but only where member accounts already received interest and contributions at or above statutory rates.
Yes. Financial accounts must be CA-audited, and any additional special or compliance audit ordered by EPF authorities must be completed within three months of the application.
The Finance Act, 2026, amended the Income Tax Act so that only provident funds holding a Section 17 exemption under the EPF Act qualify for continued recognition under the Income Tax framework.
The Employees' Provident Fund Scheme, 2026, notified in the Gazette on June 29, 2026, along with operational guidelines on the EPFO website, contains the full scheme details.

What Is the EPFO Amnesty Scheme 2026

Many companies in India run their own private provident fund trusts instead of routing employee contributions through EPFO. For decades, a trust could get income tax recognition under the Income Tax Act while never formally applying for, or receiving, exemption under Section 17 of the EPF Act from the Central or State Government. The Finance Act, 2026, closed that gap. Under the revised rules, only PF trusts that hold a Section 17 exemption qualify for continued recognition under the Income Tax Act.

That change put a large number of long running, otherwise well managed PF trusts at risk of losing their tax recognition overnight. The Amnesty Scheme 2026 is the Ministry of Labour and Employment's answer: a one-time regularisation route that lets these establishments get retrospective exemption and recognition, provided they meet the scheme's conditions, without going through prolonged legal proceedings.

Both categories must have their financial accounts audited by a Chartered Accountant, and any special or compliance audit ordered by EPF authorities must be completed within three months of submitting the application.

The scheme applies to establishments that operate a provident fund trust recognised under the Income Tax Act, 1961, but do not hold a formal exemption notification under the EPF Act from the appropriate government, whether Central or State.

Why This Matters for Startups and Growing Companies

Startups that set up their own PF trust early, often before fully understanding EPF Act exemption requirements, are exactly the kind of establishment this scheme is designed for. Missing this six month window means falling back into the default position under the Finance Act, 2026 changes: no Section 17 exemption, no continued Income Tax Act recognition, and a much harder path back to compliance later involving individual assessments rather than a blanket amnesty.

If your company runs a private PF trust and has never gone through formal EPF Act exemption, this is the moment to check your status with a compliance advisor and decide between Category I and Category II before the deadline.

Disclaimer

StartupFlora provides consultancy services only. We are not affiliated with any government department. All scheme benefits and approvals are at the sole discretion of the respective government authority and implementing agency.