TDS on Rent | Section 194I of the Income Tax Act
- Blog|Income Tax|
- 3 Min Read
- By Taxmann
- |
- Last Updated on 28 June, 2022
1. Who is liable to deduct TDS on Rent?
This section is applicable on any person (not being an Individual or a HUF who is not liable for audit us 44AB) who is responsible for payment of rent. As per the Budget 2017, an Individual or HUF (not liable for Tax Audit) paying rent to a resident exceeding an amount of Rs. 50,000 per month is also liable to deduct TDS @ 5% under section 194-IB. This amendment will be effective from 01.06.2017
2. When to Deduct TDS on Rent?
TDS has to be deducted on payment of any income by way of rent at the time of credit to the account of payee or at the time of payment whichever is earlier.
3. Rates of TDS Deduction:
Person shall be liable to deduct TDS on rent at the rate of:-
- two per cent for the use of any machinery or plant or equipment; and
- ten per cent for the use of land or building (including building) or land appurtenant to a building (including factory building) or furniture or fittings
4. Exemption Limit:
For the purpose of this section- ‘Rent’ means any payment, by whatever name called, under any lease, sub-lease, tenancy or any other agreement or arrangement for the use of (either separately or together) any,—
(a) Land or
(b) Building (including factory building); or
(c) Land appurtenant to a building (including factory building); or
(d) Machinery; or
(e) Plant; or
(f) Equipment; or
(g) Furniture; or
It is not necessary that asset is owned by the person receiving the rent.
- Warehouse charges
- Factory Rent
- Rent inclusive of municipal tax, ground rent (if municipal rent or ground rent borne by the tenant no tax will be deducted on such sum)
5. What is the Time Limit for Payment of TDS?
Government Deductor
|
Non-Government Deductor |
Tax is paid without production of an Income-tax challan on the same day on which tax is deducted |
Amount is paid or credited in the month of March on or before April 30
|
Tax deposited by an Income-tax challan on or before 7 days from the end of the month in which tax is deducted |
Amount is paid or credited before March 1 within 7 days from the end of the month in which tax is deducted |
6. What are the Due Dates for Filing of TDS Returns and Issue of TDS Certification i.e. Form 16A?
Every deductor responsible for the deduction of tax from payment other than salary shall file quarterly return in Form 26Q and issue quarterly TDS certificate by following dates:
Quarter of deduction
|
Due date of filing TDS Return
|
Due date for TDS Certificate
|
April to June
|
31st July
|
15th August
|
July to Sept
|
31st October |
15th November |
Oct to Dec
|
31st January
|
15th February
|
Jan to March
|
31st May
|
15th June
|
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