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TDS

  1. What do you mean by TDS?

TDS stands for Tax Deducted at Source. TDS is a kind of tax that is deducted by the payer before making certain payments like Salary, Rent, Commission, Interest, Royalty, Professional Fees etc. to the payee.

TDS is required to be deducted at the source if the money to be paid and the money already paid exceeds a specified amount.

The Payee can claim this tax deducted by the payer while paying his income tax liability for the year, and if the TDS deducted is more than the income tax liability of the assessee then he/ she will be entitled to a refund.

The main purpose of introduction of TDS was to reduce the Tax evasion by the person receiving the income.

Note: –

Payer- A payer is a person or organization who is responsible for deducting TDS before paying the amount to Payee.

Payee- A Payee is a person or organization who receives the payment from the payee after the TDS deduction.

2. When to deduct TDS?

TDS requirement arises:

  • At the time of payment.

            Or

  • At the time of crediting the account of payee, whichever is earlier.

    But in the following cases TDS is deducted only at the time of payments.

  • Salary- Section 192.
  • Employer Provident Fund (EPF) payment- Section 192A.
  • Payment of Dividends- Section 194.
  • Winnings from lotteries, crosswords, puzzles etc.- Section 194B.
  • Winnings from Horse Races- Section 194BB.
  • Winnings from Online Games- Section 194BA (at the time of withdrawal).
  • Maturity proceeds of life insurance policy- Section 194DA.
  • Compensation on compulsory acquisition of property- Section 194LA.
  • Cash withdraw from bank, Co. op. banks, Post Office- Section 194N.
  • Types of TDS and different rates?

There are more than 20 sections of TDS below are few examples of commonly used TDS rates: –

SectionTypeRate in force (%)
Section 192Salary IncomeNo specific rate on salary, TDS is to be deducted as per slab rate.
Section 194Dividend Income10
Section 194 AInterest income (other than security interest)10
Section 194 CPayment to contractor & sub- contractor1- Individuals/ HUF 2- Other assessess.
Section 194 DInsurance commission5- Individuals/ HUF 10- Other assessess.
Section 194 GCommission on sale of lottery tickets.10
Section 194 HCommission & Brokerage income5
Section 194 DAMaturity proceeds of life insurance5
Section 194 IRent of P&M, Equipment’s, Building, Furniture & Land2- Plant, Machinery, Equipment’s 10- for others.
Section 194 IATransfer of moveable property other than rural agriculture land1
Section 194 CPayment for Professional service, Royalty, Remuneration to directors, Fees for technical service10
Section 194 KIncome from UTI or Mutual Funds Units10
Section 194 NCash withdrawn from Banks. Co. op. Banks, Post office2
Section 194 OSale of Good/ Services on E-Commerce1
Section 194QPurchase of goods0.1

All TDS rates are fixed rates i.e. 1%, 2%, 5%, 10% etc. but if payment is made to Non-Resident/ Foreign Company or payment of salary the surcharge & HEC (Health & Education Cess) shall be considered.

3. Due dates to deposit TDS?

The due date to deposit TDS is as Follows: –

MonthDue Date
AprilOn or before 7th May.
MayOn or before 7th June.
JuneOn or before 7th July.
JulyOn or before 7th August.
AugustOn or before 7th September.
SeptemberOn or before 7th October.
OctoberOn or before 7th November.
NovemberOn or before 7th December.
DecemberOn or before 7th January.
JanuaryOn or before 7th February.
FebruaryOn or before 7th March.
MarchOn or before 30th April.

4. What are the due dates of filing of TDS returns?

TDS is to be deposited monthly on the dates mentioned above but the return is to be filed quarterly on or before the below mentioned dates; –

QuarterPeriodDue date (TDS filing)
1St quarterApril-June31st July.
2nd quarterJuly-September31st October.
3rd quarterOctober- December31st January.
4th quarterJanuary- March31st May.

5. What happens if TDS is not deducted or deducted but not deposited on or before due date?

Following penalties will be levied if there is delay in TDS deduction or delay in deposit of TDS.

ParticularsPenalty
TDS not deducted on time.1% per month or part of month.
TDS deducted but not deposited before due date1.5% per month or part of month.
TDS return not file on or before due date200 per day maximum till TDS amount.

6. Different types of TDS returns?

Following are the TDS returns that are used for different purposes.

FormUsed for
24QTDS return for salary payment.
26QTDs return for various payments excluding salaries
26QBTDS on sale of property.
26QCTDS for rent (individual paying rent more than Rs. 50,000 per month)

7. What happens if Payee does not furnish his/ her PAN?

If payee does not furnish his/ her PAN to the payer, then the TDS rate shall be: –

  • Rate as per respective section, OR
  • Rate @ 20%

Whichever is higher.

For Section 194O/ 194Q rate is 5% instead of 20%.

Note: –

This section does not apply to Non- Resident or Foreign company not having PAN in respect of payment in the nature of interest, dividend, royalty, fees for technical services and payment of capital assets, if payee furnished the following details and documents to the payer: –

  • Name, E-mail & Contact Number.
  • Address in the country outside of INDIA of which payee is a resident.
  • Certificate of his being resident of foreign country from government of that country.
  • Tax identification number of payee in the foreign country, in case no such number is available then a unique number on the basis of which the payee is identified in foreign.

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