- TDS is applied on any Income or overheads such as incentive (over & above salary), interests on fixed deposit from banks, lotteries, commission payment and rent payment. While making payments in any of these heads, a fixed rate is applied and the tax liability is deducted prior making the payment. If one has deducted more than the required tax amount, you will be eligible for a TDS Refund.
- The source or person who deducts TDS is referred as “Deductor”. The person to whom the payment is being done is termed as “Deductee.”. For example, a deductor is an employer/ organization paying salary or incentive to their employee who would be a deductee.
- The employer or Deductor is accountable to provide Form 16 /16A (TDS certificate) to the employee with the computation of the tax deducted amount. NO TDS certificate can be issued for nil tax holding such as those payments which are exempted.
Tax Deducted at Source or commonly known as TDS is implied on various types of income and collected in accordance with provisions mentioned in the yearly union budget. The tax slabs and rates are decided on the nature of the heads under which the income is booked. Likewise, the other indirect taxes such as service tax, TDS are also collected prior release of a payment. The TDS rates and collection is regulated by CBTD (Central Board for Direct Taxes).
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TDS is basically like a spot tax, deducted from the actual source of income. The same is described in the indirect tax section of Income tax Act 1961.It is implied on receiving income from various financial products. TDS is charged on various incomes earn generated in the form of incentives, commissions, payment & dividends earned for a variety of sale, services, rent or purchase of a property, interest earned on term deposits, etc.
The rates at which TDS is applied may vary as per the nature of income which could be between 1% – 30%. The onus to collect TDS and deposit the same lies on the service provider or the seller.
Rationale for TDS Deduction
Exceptions in TDS deduction:
There are few cases when the TDS is exempted. TDS is not levied on payments in favor of RBI, or towards any other recompense to the central government. Apart from this, TDS is exempted from the payment of interest from the following:
- Banking companies
- Financial corporations formed under the finance bill of union government or any state
- Income Tax refund
- Direct taxes interest payment
- LIC, UTI and investments in co-operative societies
- Interests earned in recurring deposit or any savings account held with any commercial banks or cooperative societies
- Interest earned on Indira Vikas Patr (IVP), NSC or KVP
- Interest earned on NRE account
- Any institutions notified as Nil TDS organization
Apart from the above, TDS might not be pertinent on various other avenues as well. For example interest earned on the compensation granted from Motor Vehicles Claims Tribunal.
Different Sections of TDS
TDS is basically a spot tax, deducted from the actual source of income. The same is described in the indirect tax section of Income tax Act 1961. It is implied the income received from financial products like interest received on fixed deposits, incentives from the employer, commission’s payments, dividends on bonds, sale/purchase or rent of any immovable property and money earned as lottery or awards. The TDS rate applicable under different sections & subsection of is between 1- 30%.
|S No||IT Section||Threshold Limit*||TDS Rate|
|1||Section 192||As per prevailing income slab||As per prevailing income slab|
|2||Section 193||Rs. 5000 wrt to debenture payment||10% of the interests earned on security investments.|
|3||Section 194||Rs. 2500||10% of proceeds from any deemed dividends|
|10% of proceeds from interests earned on investments other than securities|
|5||Section 194B||Rs.10,000||30% of prize money on lottery or gaming related winnings|
|6||Section 194BB||Rs.10,000||30% of prize money from horse racing|
which is for each contract, whereas ₹100,000 is for p.a
|Proceeds from any contracts / sub contracts
|8||Section 194D||Rs.15,000||10% of earning as insurance commissions|
|9||Section 194EE33||Rs.2,500||20% of expense in NSS deposits|
|10||Section 194F||NIL||20% of investment in MF or UTI units|
|11||Section 194G||Rs.1500||10% of the commission money from lottery ticket selling.|
|12||Section 194H||Rs.15,000||10% of the brokerage earnings|
|13||Section 194I||Omitted||2% on rental amount of plant & machinery/
10% on the rent of land & building
|14||Section 194J||Rs. 30,000 p.a||10% on the technical/professional services|
|15||Section 194L||Rs.1 lakh||@ 10% on the transfer money paid to any resident while acquiring an immovable property|
TDS Rates & Deductions
1. TDS deduction on interest earned on Fixed Deposits
a) The tax deduction at source in cases of interest earned on fixed deposit is calculated and applied beyond a threshold limit.
b) The current applicable limit is Rs. 1 lakh in a financial year.
c) In case, an individual earns interest more than the threshold limit on fixed deposit on either single or consolidated interest for all fixed deposits held with the same PAN number, then TDS will be applicable at a rate of 10% from the interest payout or maturity proceeds whichever happens earlier Let's understand with an example. Mr. X is holding a Fixed Deposit of Rs 15 Lakh booked for 1 year term & rate of interest is 10% p.a. He would earn Rs 150,000 as interest on maturity after 1 year. The bank in such as case will deduct TDS @ 10% of Rs 150,000 i.e. 15,000 and deposits the TDS amount with Income Tax Department on the behalf of customer Mr. X. In return, Mr. X would receive a TDS certificate, which is generally referred as Form 16A in taxation terms.
2. TDS Rate on Sale of the Immovable Property:
a) According to section 194-IA in the Income Tax provision, TDS is applied on the sale of any immovable property at 1%.
b) In case, the buyer is unable to furnish a pan card, the TDS rate may be levied at a higher rate of up to a maximum limit of 20%.
c) The transferee of the property is liable for deducting TDS prior paying the amount to the seller (transferor) while selling the property.
d) The immovable property includes any residential or commercial building, plots excluding the notified agricultural land, and any portion of a building.
e) The transaction can be made via cheque cash or draft by the transferee.
3. TDS Rate on Rent of an Immovable Property:
a) Resident individual, other than an HUF member, paying rent for an immovable property to the resident landlord is accountable for withholding tax at source.
b) However, TDS would be applicable only in cases where the annual rent amount exceeds Rs. 1,80,000 in a single financial year.
c) The rent would include any payment in the form of lease rental, sublease or other valid agreement for using the building, furniture, land or fittings, etc.
d) The property-owner is also liable to provide a valid rent receipt on each and every payment, which duly mentions any TDS deducted.
e) At the end of financial year, the landlord should also provide Form 16 (TDS certificate) to the lessee for all TDS amount deducted in the said financial year.
f) The transaction can be made via cheque cash or draft by the transferee.
4. TDS Rate on Purchase of the Immovable Property:
a) For the purchase of any property involving the exchange of monies between the owner and buyer, TDS @ 1% shall be applicable.
b) However, agricultural land is not considered under this provision of TDS.
c) The transferee should make the transaction via cash or cheque or draft or other agreed payment modes.
5. TDS Rate on Transfer of the Immovable Property:
a) A transfer of residential property attracts TDS @ 1%. This is, however, not applicable in the case of agricultural lands.
b) The buyer or transferee deducts the applicable tax amount prior making payment to the transferor.
c) The transaction can be made via cheque cash or draft by the transferee.
6. TDS Rate on the Immovable Property (in the case of NRI):
a) Under section 195 of Income Tax Act, the provision for TDS for NRI on immovable property is explained. According to this section, any buyer who is making payment to a non-resident individual is liable for deducting TDS as per the rate applicable.
b) The Capital gains duly received pots selling any immovable property by an NRI in India is subjected to income tax. The transaction can be made via cheque cash or draft by the transferee
7. TDS Rate on Under-Construction Immovable Property:
a) For any under construction properties where the net worth of the property is calculated as more than Rs. 50 lakhs, the TDS will be applicable on the installments paid on or after 1st of June, 2013. The transaction can be made via cheque cash or draft by the transferee
8. TDS rate on withdrawal of EPF
- TDS is applicable on the withdrawal of EPF in case an employee withdraws PF amount Rs 50,000 & above with less than five years of continuous service at a rate mentioned below
a) 10% in case Form-15G/15H are not submitted. However, PAN is submitted.
b) 34.608% or maximum marginal rate if the employee is unable to provide PAN number.
TDS Rates Charts for FY 2017-18:
The TDS calculation rates as applicable to the fiscal year 2017 -18 are given below.
|S No||Nature of payment||TDS Rate||Applicable Section|
|1||Salary Payment||Regular slab rate||Section 192|
|2||Interest earned on securities||@ 10%||Section 193|
|3||Dividend accrued (apart from the dividend as mentioned in the section 115-O||@ 10% (20%, in case of invalid/no PAN)||Section 194|
|4||Income earned other than securities||@ 10%||Section 194A|
|5||Income earned on the prize money of lotteries, game or crosswords||@ 30%||Section 194B|
|6||Commission payment for Insurance agents||N/A (in case Form 15G/15H is filled)*
*effective from 1st June 2017.
|7||Premium paid for any life insurance policy||@ 1%||Section 194DA|
|8||Rental income||For plant and machinery @2%
Land, furniture, fitting and furniture @10%
|9||Payment is done for transfer of any immovable property exclusive of the agricultural land||@ 1%||Section 194IA|
TDS Rates for Non-Resident Indians:
|S no||Nature of Payment||% of TDS||Applicable Section|
|1||Salary Payment||Normal slab rate||Section 192|
|2||Payment of accrued provident fund balance||@ 10%||Section 192A|
|3||Income from prize money on lotteries, card games, crossword puzzles or games within the ambit of Indian Law||@ 30%||Section 194B|
|4||Income due to prize money in horse racing||@ 30%||Section 194BB|
|5||Deposit made under the National Savings scheme||@ 10%||Section- 194EE|
|6||Investment in any Mutual Fund or UTI bonds||@ 20%||Section 194F|
|7||Commission money earned for selling lottery tickets||@5%||Section 194G|
TDS Rate for Salaried Individuals:
|Sl No#||Taxable Income||TDS Rate||Applicable section|
|1||Up to Rs. 2.5 lakhs||Nil||Section 192|
|2||Rs. 2.5 lakhs to Rs. 5 lakhs||@ 5%||Section 192|
|3||Rs. 5 lakhs to Rs. 10 lakhs||@ 20%||Section 192|
|4||Above Rs. 10 lakhs||@ 30%||Section 192|
TDS Rates for Senior Citizens
The TDS rates are different for the senior citizens (aged 60 -80 years) and super senior citizens (80 years and above).
|S No||Income Slabs||TDS Rate|
|1||Up to Rs. 3 Lakhs||Nil|
|2||Rs. 3 Lakhs - Rs. 5 Lakhs||@ 5%|
|3||Rs. 5 Lakhs - Rs. 10 Lakhs||@ 20%|
|4||Above Rs. 10 Lakhs||@ 30%|
For Super Senior Citizens
|Sl no #||Income Slabs||TDS Rate|
|1||Up to Rs. 5 lakhs||Nil|
|2||Rs. 5 lakhs - Rs. 10 lakhs||@ 20%|
|3||Above Rs. 10 lakhs||@ 30%|