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Tax Deduction at Source

 

 

Threshold amount of payment beyond which liability to deduct tax arises, rate at which tax to be deducted, when to deduct and when to deposit the deducted tax in government treasury

S.No

Nature of income/ payment

Threshold limit

Rate of tax

Date for deduction

Date of deposit

1.

Salary (Section 192)

TDS required when the income for the year is above the minimum not chargeable to tax.

Average rate of tax computed on the basis of the rates in force for the financial year on the estimated income of the assessee.

At the time of payment

(i) On the same day where deduction is by or on behalf of Govternment.

(ii) In all other cases within one week from the date of deduction.

2.

Interest on securities, Debentures etc. (Section 193)

Entire amount is subject to tax. No tax is deductible in respect of interest receivable in respect of items listed in the Proviso e.g. National Defence Bonds held by a resident individual , National Defence Loans taken from individuals ,National Development Bonds, NSC (IVth Issue), Debentures of notified Instiutions Companies etc. Where interest on debentures payable to a resident individual by account payee cheque by a Company in which public are substantially interested does not exceed Rs.2500/- during the financial year, no tax is required to be deducted. Finance Act, 1997 has exempted any interest payable on any security of the Central Govt. or State Govt. from deduction of tax at source.

In case payee is

  1. Resident person other than company- Interest on Debentures or securities issued by a local authority or Corp. established under a Central/ State/ Provincial Act 10%. , in case of interest on listed Debenture –10%.

b) Domestic Company 20%

c) non-resident person other company-Interest payable on moneys borrowed in foreign currency 20%. Other interest 30% or as per rates in force.

d) Non-Domestic Co. - interest payable on moneys borrowed in foreign currency 20% Other interest income 48%. Or as per rates in force.

At the time of credit or payment which ever is earlier. Interest credited to a n interest payable account or suspense account also to be treated as payment.

i) Where it is deducted by the government, on the same day

ii) Where amount is credited in the books of payer to the a/c of payee as on the date upto which the accounts of such person is made , then within 2 months from the end of the month in which a/cs are made

3.

Dividend (Section 194)

No tax to be deducted at source in respect of dividend by a domestic company w.e.f. 1.6.97 by Finance Act, 1997. No dividend if the payment doesnot exceed rs. 2,500 and is made by account payee cheque

As per rates in force.

Before making any payment in cash or before issuing any cheques/warrants

 

4.

Interest other than interest on securities (Section 194A)

No tax is deductible if the interest does not exceed Rs 2500/- during the financial year. The limit is raised to Rs.10,000/- in case of interest payment by a banking Company on term deposit or by a co-operative Society carrying on the business of banking or a Company carrying on the business of long term finance for construction or purchase of houses in India for residential purposes as approved by the Central Government.

Exception: No tax is deductible in respect of interest payable to a Banking Company, a Financial Corporation, LIC of India, UTI, any company or cooperative engaged in insurance business, or any other Institution specifically exempted by notification .

TDS is not required for interest credited or paid to a partner by the firm or by a co operative to any member of the co operative. TDS is also not there on notified deposit schemes.

As per rates in force.

At the time of credit or payment whichever is earlier. Credit to Suspense Account or any other account amounts to credit.

Same as in Serial No.2 above

5.

Winnings from Lottery or Crossword Puzzles (Section 194B)

Tax is deductible if the amount exceeds Rs.5000/-.

40% in all cases or as per rates in force.

At the time payment

Same day where Government is deductor. Within one week of date of deduction in other cases.

6.

Winnings from horse races.

( Section 196BB)

Tax is deductible if the amount exceeds Rs.2500/-.

-do-

-do-

-do-

7.

Payment to contractors, Sub-Contractors (Section 194C)

If the payment exceeds Rs.20,000/- in respect of a contract or sub-contract.

At the rate of 2% of payment (on the income comprised therein).

1% in case of sub-contractor.

1% in case of contract for advertising.

At the time of payment or credit whichever is earlier. Credit to Suspense account amounts to credit.

(i) In case Government is the Payer on the same day.

(ii) Where amount is credited in the books of payer to the a/c of payee as on the date upto which the accounts of such person is made , then within 2 months from the end of the month in which a/cs are made .

8

Insurance Commission (Section 194D).

Applicable if the total payment in the financial year exceeds Rs.5000/-.

Non-corporate resident person –10%.

Domestic Co.-20%.

At the time of payment or credit whichever is earlier.

-do-

9.

Payment to non-resident Sportsmen or Sports Association (Section 194E).

Applicable to every payment.

10% of the amount

-do-

-do-

10

Payment in respect of deposit under NSS (Section 194EE)

Tax deductible where the amount paid exceeds Rs.2500/- in the financial year. No tax deductible where the payment is made to a heir.

At the rate of 20% of the payment made.

At the time of payment.

As the Payer in this case is Government – on the same day.

11

Payment on account of repurchase of Units by Mutual Fund or UTI (Sec.194F)

Tax deductible without any exemption.

At the rate of 20%.

-do-

Within one week from the date of deduction

12

Commission etc. on sale of Lottery tickets (Sec 194G)

No deduction if the amount does not exceed Rs.1000/-.

At the rate of 10%.

At the time of payment or credit whichever is earlier. Credit to Suspense Account or any other account amounts to credit.

(i) On the same day where payer is Government (ii) Where amount is credited in the books of payer to the a/c of payee as on the date upto which the accounts of such person is made , then within 2 months from the end of the month in which a/cs are made

13

Commission, brokerage etc (Section 194H)

 

Not applicable w.e.f. 1.6.92

 

 

14

Payment of rent (Section 194I)

Applicable where the total rent payable to any person in the financial year is Rs.1,20,000/- or more

15% where payee is individual or HUF 20% in other cases.

At the time of payment or credit whichever is earlier. Credit to Suspense Account or any other Account amounts to credit.

As in item 12 above.

15

Fees for professional or technical services (Section 194J)

Applicable where the amount paid or credited in the financial year exceeds Rs 20,000 in the case of Professional services and where the amount paid or credited in the financial year exceeds Rs. 20,000 in case of Technical services.

At the rate of 5% of the amount.

-do-

-do-

16

Income in respect of Units (Section 194K)

Where the amount exceeds Rs.10,000/- in the financial year

At the rate of 15% in case of any resident other than a company. In case of Company 20%.

-do-

-do-

17

Payments to non-residents (Section 195)

Applicable to any payment by a resident to a non-resident other than a company but including a foreign company. Not applicable to interest on securities & salaries.

Rate of tax as per Finance Act for the relevant financial year.

At the time of payment or credit which ever is earlier. Credit to Suspense Account or any other account amounts to credit.

At the time of payment in case the payer is Government or a Public Sector Bank

i) On the same day where Government is payer

ii) Where amount is credited in the books of payer to the a/c of payee as on the date upto which the accounts of such person is made , then within 2 months from the end of the month in which a/cs are made .

18.

Income in respect of Units of non-residents (Section 196A)

Applicable to any such income to any non-resident except a Company but including a foreign company; applicable in respect of income in respect of Units by UTI and Mutual Fund specified under Sec 10(23D). Exemption: No TDS where the investment is by NRI Individual or non resident HUF in Units of UTI through NR(E) A/c or by remittance of foreign exchange from abroad.

20%

-do-

-do-

19.

Income from Units - Section 196B

Applicable in respect of any income from Units & long term capital gains payable to Offshore Fund –See Section 115AB.

At the rate of 10%.

At the time of payment or credit whichever is earlier

-do-

20.

 

Income from foreign currency bonds or shares of Indian company Section 196C

Applicable to any income by way of interest or dividend in respect of bonds and shares or long-term capital gains arising from the transfer of such bonds and shares - see sec. 115AC. Dividend declared, distributed or payable by domestic companies on or after 1.6.97 is exempted from TDS.

-do-

-do-

-do-

21.

Income of Foreign Institutional Investors (FIIs) Sec 196D.

Applicable to income from shares, securities (other than Units referred to in sec 115AD) listed in recognised Stock Exchange. (Dividend declared, distributed or payable on or after 1.6.97 by domestic companies exempted from TDS.

20% in respect of income from dividend. No deduction of tax at source in respect of income under the head of Capital Gains from transfer of securities listed in sec 115 AD..

-do-

-do-

Note :

In the case of non-residents, deduction of tax is to be made at the lesser of the two: -

  1. tax payable by the assessee to whom the Double Tax Avoidance Agreement with the country of which the payee is resident appplies ,or
  2. rates as given above.

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