Tax Deducted at Source (TDS) in India is a system under the Income Tax Act, 1961, where the person responsible for making certain payments deducts a specified percentage as tax before remitting the balance to the payee. The deducted tax is deposited with the government. Here is a detailed breakdown of the key provisions of TDS in India:
Here is the detailed table of TDS provisions in India for easy analysis:
Section | Provision | Rate of TDS | Threshold (if applicable) |
---|---|---|---|
192 | TDS on Salary | Based on income tax slab | Basic exemption limit |
194A | TDS on Interest other than Interest on Securities | 10% | ₹40,000 (₹50,000 for senior citizens) |
194C | TDS on Payment to Contractors | 1% (Individual/HUF), 2% (Others) | ₹30,000 (per contract) or ₹1,00,000 (aggregate) |
194J | TDS on Professional or Technical Fees | 10% (2% for technical services) | ₹30,000 |
194H | TDS on Commission and Brokerage | 5% | ₹15,000 |
194I | TDS on Rent | 10% (Land/Building/Furniture), 2% (Plant/Machinery) | ₹2,40,000 |
194IB | TDS on Rent by Individuals/HUF exceeding ₹50,000 per month | 5% | ₹50,000 per month |
194IC | TDS on Payment under Joint Development Agreements | 10% | No threshold |
194IA | TDS on Transfer of Immovable Property | 1% | ₹50 lakh |
194B | TDS on Winnings from Lotteries, Crossword Puzzles, etc. | 30% | ₹10,000 |
194C | TDS on Payment to Contractors | 1% (Individual/HUF), 2% (Others) | ₹30,000 (per contract) or ₹1 lakh (aggregate) |
194D | TDS on Insurance Commission | 5% | ₹15,000 |
194EE | TDS on Payments from National Savings Scheme | 10% | ₹2,500 |
194F | TDS on Repurchase of Units by Mutual Funds/UTI | 20% | No threshold |
195 | TDS on Payments to Non-Residents | Varies (e.g., 20% for royalty) | No threshold |
196D | TDS on Income of FIIs | 20% | No threshold |
194Q | TDS on Purchase of Goods | 0.1% | ₹50 lakh in aggregate |
194S | TDS on Transfer of Virtual Digital Assets | 1% | ₹50,000 (specified persons) or ₹10,000 (others) |
206C(1H) | TCS on Sale of Goods | 0.1% | ₹50 lakh |
1. Section 192 – TDS on Salary
- Applicability: TDS is deducted by the employer on salary payments made to employees.
- Rate of TDS: It depends on the employee’s income tax slab rates applicable after considering exemptions, deductions, and other income (if declared by the employee).
- Threshold: No TDS if the salary is below the basic exemption limit (currently ₹2.5 lakh for individuals, ₹3 lakh for senior citizens, and ₹5 lakh for super senior citizens).
- Declaration of other income: Employees can declare other income sources to their employer for accurate TDS computation.
2. Section 194A – TDS on Interest Other Than Interest on Securities
- Applicability: TDS on interest payments made by banks, post offices, and other entities (excluding interest on securities).
- Rate of TDS: 10%.
- Threshold:
- ₹40,000 for interest from banks and post offices (₹50,000 for senior citizens).
- No TDS if the interest is below this threshold.
- Form 15G/15H: Individuals whose total income is below the taxable limit can submit these forms to avoid TDS deduction.
3. Section 194C – TDS on Payment to Contractors
- Applicability: TDS on payments made to contractors and sub-contractors.
- Rate of TDS:
- 1% for individuals/HUF.
- 2% for companies/other entities.
- Threshold: No TDS if the payment is less than ₹30,000 for a single contract or ₹1,00,000 in aggregate during a financial year.
- Special cases: TDS applies even if the contract is for material supply where labour is also involved.
4. Section 194J – TDS on Fees for Professional or Technical Services
- Applicability: TDS on payments for professional, technical services, royalty, or non-compete fees.
- Rate of TDS: 10% (2% for technical services).
- Threshold: No TDS if the total payment in a financial year is below ₹30,000.
5. Section 194H – TDS on Commission and Brokerage
- Applicability: TDS on commission or brokerage payments.
- Rate of TDS: 5%.
- Threshold: No TDS if the amount is less than ₹15,000 in a financial year.
6. Section 194I – TDS on Rent
- Applicability: TDS on rent payments for land, building, furniture, plant, machinery, or equipment.
- Rate of TDS:
- 10% for rent on land, building, or furniture.
- 2% for rent on plant, machinery, or equipment.
- Threshold: No TDS if the total rent payment is less than ₹2,40,000 in a financial year.
7. Section 194IB – TDS on Rent by Individuals or HUF
- Applicability: Applicable when an individual or HUF (not liable for audit) pays rent exceeding ₹50,000 per month.
- Rate of TDS: 5%.
- Threshold: Only applicable if the rent exceeds ₹50,000 per month.
8. Section 194IC – TDS on Payment of Monetary Consideration under Joint Development Agreements
- Applicability: TDS on payments made under a joint development agreement to landowners.
- Rate of TDS: 10% of the monetary consideration paid.
- No Threshold: Applicable irrespective of the amount of payment.
9. Section 194IA – TDS on Transfer of Immovable Property
- Applicability: TDS on the sale of immovable property (other than agricultural land) if the transaction value exceeds ₹50 lakhs.
- Rate of TDS: 1%.
- Threshold: Applicable only if the consideration exceeds ₹50 lakh.
- No TDS if payment made by installment: If payments are in installments, TDS is deducted on each installment.
10. Section 194B – TDS on Winnings from Lotteries, Crossword Puzzles, etc.
- Applicability: TDS on winnings from lotteries, crossword puzzles, card games, and other similar games.
- Rate of TDS: 30%.
- Threshold: No TDS if the winnings are below ₹10,000.
11. Section 194C – TDS on Payment to Contractors
- Applicability: TDS on payments made to contractors for work (including supply of labor).
- Rate of TDS:
- 1% for individuals/HUF contractors.
- 2% for others.
- Threshold: No TDS if the payment is less than ₹30,000 per contract or ₹1 lakh aggregate in a financial year.
12. Section 194D – TDS on Insurance Commission
- Applicability: TDS on commissions paid to insurance agents.
- Rate of TDS: 5%.
- Threshold: No TDS if the amount is less than ₹15,000.
13. Section 194EE – TDS on Payments from National Savings Scheme
- Applicability: TDS on payments from National Savings Scheme accounts.
- Rate of TDS: 10%.
- Threshold: No TDS if the payment is less than ₹2,500.
14. Section 194F – TDS on Payments on Account of Repurchase of Units by Mutual Funds or UTI
- Applicability: TDS on payments by mutual funds/UTI for the repurchase of units.
- Rate of TDS: 20%.
- No Threshold: TDS is deducted irrespective of the amount.
15. Section 195 – TDS on Payments to Non-Residents
- Applicability: TDS on any payment to a non-resident that is chargeable to tax in India.
- Rate of TDS: Varies depending on the nature of the income (e.g., 20% on royalty, 10% on technical fees, etc.).
- No Threshold: TDS is deducted irrespective of the amount.
16. Section 196D – TDS on Income of Foreign Institutional Investors (FIIs)
- Applicability: TDS on income from securities (other than interest referred to in section 194LD) of Foreign Institutional Investors.
- Rate of TDS: 20%.
- No Threshold: TDS is deducted on all payments to FIIs.
17. Section 194Q – TDS on Purchase of Goods
- Applicability: Applicable to buyers purchasing goods from residents where the total sales exceed ₹50 lakh in a financial year.
- Rate of TDS: 0.1%.
- Threshold: Applicable if purchases exceed ₹50 lakh in a financial year.
18. Section 194S – TDS on Payment for Transfer of Virtual Digital Assets (VDA)
- Applicability: TDS on payment for the transfer of Virtual Digital Assets (cryptocurrency, etc.).
- Rate of TDS: 1%.
- Threshold: No TDS if the total consideration does not exceed ₹50,000 (for specified persons) or ₹10,000 (for others).
19. Section 206C(1H) – TCS on Sale of Goods
- Applicability: Tax Collected at Source (TCS) is required to be collected by the seller on the sale of goods over ₹50 lakh.
- Rate of TCS: 0.1%.
- Threshold: Applicable only on sales exceeding ₹50 lakh.
Late Filing of TDS Return and Interest on Late Deduction/Deposit
- Interest: For late deduction or non-deduction of TDS, interest is charged at 1% per month (or part of the month) and for late deposit, it is 1.5% per month.
- Late Fees: A penalty of ₹200 per day is levied for delayed filing of TDS returns, subject to a maximum of the TDS amount.
Key Points to Remember:
- TAN (Tax Deduction and Collection Account Number): Required for all entities deducting TDS.
- TDS Returns: Must be filed quarterly in Form 24Q (salary) or 26Q (non-salary).
- TDS Certificate: The deductor must issue Form 16 (for salary) and Form 16A (for other payments) to the deductee.
- TDS Refund: If excess TDS is deducted, it can be claimed as a refund while filing the income tax return.
These provisions are subject to amendments and updates in the Finance Act each year.