TDS – Tax Deduction at Source

    What is TDS, and what should you know about it?

    TDS stands for Tax Deduction at Source. It is a type of tax applicable only on specified payments such as rent, salary, professional and technical fees, commission, interest, and more. Generally, the income recipient is liable for paying tax. With the introduction of TDS, the person paying the said amount is liable to deduct a specified percentage and then remit the balance amount to the recipient of the income. That’s why it is called Tax Deduction ‘at Source’. TDS provisions are generally applicable for service sales and not for product sales.

    Who has the responsibility for the deduction of TDS, and how does it affect you?

    The responsibility of deduction is upon the organization paying the sum. It is applicable for specified payments mentioned under section 194 of the Income Tax Act, 1961. However, the provisions are not applicable in the case of an individual or HUF exempted from having their books audited. In the case of salaried income, the employer company is responsible for deducting it. It must be deposited to the Government as per the due dates, and a TDS return must be filed.

    Which type of payment is subject to the TDS scheme?

    Only specified payments are liable to TDS, such as:

    1. Salary paid to the residents as well as non-residents in India
    2. Any payments made to foreign corporations or a non-resident individual
    3. Technical or professional fees
    4. Interest
    5. Dividend
    6. Brokerage or commission
    7. Winnings from the lottery, puzzles, races, or card games
    8. Royalty

    How is it deducted?

    An individual earns salaried income, taxed as per the tax slabs. If the total taxable income of an employee is within Rs. 5,00,000, the tax liability is nil. However, if it exceeds Rs. 5,00,000, TDS deduction starts. Thus, its rate on salary may differ from 20% to 30% on a case-by-case basis. The employee must specify other income sources under a declaration to the employer company. The employer is liable to deduct it, considering the other income declared by the employee. The amount liable to be deducted is divided into the number of months remaining for the financial year. Accordingly, the monthly portion of TDS is deducted from the in-hand net pay per month. Employers can automate the TDS deduction using cloud-based payroll software in India. Such payroll processing systems are of immense help in calculating the TDS on salary.

    What are the TDS rates, and how to calculate?

    TDS = Amount * TDS Rate

    TDS rates are as follows:

    SectionSources of Income/ExpensesThreshold LimitTDS Rate (%)
    192Payment of Salary IncomeAs per the Income-tax slabAs per the slab rate
    192 APremature withdrawal of Employee Provident Fund₹ 50,00010%,

    20% (In case PAN is not provided)

    193Interest on Securities and Debentures₹ 10000 for Securities and ₹ 5000 for Debentures10%
    194 ABesides ‘interest on securities’ like interest on bank deposits, loans, and advances, post office deposits, etc.If the payer is a bank or any banking institution, banking co-operative society, or the post office, the threshold is ₹ 10,000. In any other case, it is ₹ 5,00010%
    194 BPrize money from lottery, crossword puzzle etc.₹ 10,00030%
    194CPayments to contractors and sub-contractors₹ 30,000 for Single Payment and ₹ 1,00,000 for Annual Payment1%*
    194 DAMaturity of life insurance policy₹ 1,00,0005%
    194 GCommission on the sale of lottery tickets₹ 15,0005%
    194 HCommission or Brokerage₹ 15,0005%
    194 IRent for use of Land and building/ furniture/ fitting₹ 2,40,00010%
    194 IRent for use of Plant and machinery₹ 2,40,0002%
    194 IAFunds recieved from immovable property other than agricultural land₹ 50,00,0001%
    194 JRoyalty, professional or technical services₹ 30,00010%
    194 KDividend income from shares and mutual fund units₹ 5,00010%
    194 LACompensation paid on acquisition of certain immovable property₹ 2,50,00010%
    194 NAnnual cash withdrawal from one or more accounts with a bank/ co-operative society/post office₹ 1,00,00,0002%
    194-OPayment made by an e-commerce operator to a seller on the sale of goods and services via its e-commerce portal₹ 5,00,0001%

    Note

    • Threshold means if the total amount paid in a financial year does not exceed the threshold, it does not need to be deducted.
    • Resident individuals under 60 years may request the payer not to deduct it using Form 15G. For resident individuals of age 60 or more, Form 15H is applicable.

    Examples for reference

    1) Say Mr. Vaibhav has won a lottery of Rs. 3,00,000 from ABC Lottery house. The lottery house is responsible for deducting TDS @ 30% as per section 194B. The TDS amount would be Rs. 3,00,000 * 30% = Rs. 90,000. The amount will be paid to the Government and Rs. 2,10,000 will be paid to Mr. Vaibhav. The amount will be reflected in the Form 26AS of Mr. Vaibhav.

    2) A private limited company has paid Rs. 2,00,000 as professional fees to Mr. Surendra. The Company must deduct Rs. 20,000 (Rs. 2,00,000 * 10%) as TDS and remit only the balance amount of Rs. 1,80,000 to Mr. Surendra. The  amount will get reflected in the Form 26AS of Mr. Surendra.

     

    What is the due date for depositing?

    The Company will be responsible for deducting it on every payment, provided it has crossed the threshold. The due date of the amount is the 7th of every month. However, for deductions made in March, the extended due date of the 30th of April is applicable. Taxpayers may be busy at the end of the year, and hence, extended time is allowed for TDS deposition.

    What is TDS Return, and how to claim it?

    The person paying the sum of TDS is required to file a TDS return. By filing it, they report the amount of TDS against their PAN. After the return is filed, the amount gets reflected in the recipient’s Form 26AS. If the tax payable in their income is nil, the TDS reflected in form 26AS must be reported in their Income Tax return. The IT Department will credit the refund to the bank account declared by them.

    How to File a TDS return online?

    The following steps are to be followed:

    a) Download the required file format from Tax Information Network of Income Tax Department.

    b) The return is prepared in ASCII format using the extension .txt. Taxpayers can prepare their TDS returns using the NSDL website’s return preparation utility.

    c) The FVU (File Validation Utility) provided by NSDL must be used to verify the file. If any error will be identified, rectify the same and re-verify again.

    d) The generated file of the extension “fvu” should be either submitted to TIN Facilitation Centre or can be uploaded on the Income Tax portal using your TAN-based login – Income Tax Department.

    What happens if filed late?

    A penalty of Rs. 200 is payable, under section 234E, if you failed to file the return within the due date. However, the penalty cannot exceed the amount to be reported. Akrivia HCM can help the Company streamline TDS compliance and reduce TDS penalties. You can visit us at Akrivia HCM.

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