What are the payments covered under the TDS mechanism and the rates for deduction of tax at source? - Tax India

Latest

BANNER 728X90

Friday, February 16, 2018

What are the payments covered under the TDS mechanism and the rates for deduction of tax at source?

 What are the payments covered under the TDS mechanism and the rates for deduction of tax at source?
​Tax is deductible at source at the rates given in table (infra). If PAN of the deductee is not intimated to the deductor, tax will be deducted at source by virtue of section 206AA either at the rate given in the table or at the rate or rates in force or at the rate of 20 per cent, whichever is higher. Further, under section 94A(5), if payment or credit is made or given to a deductee who is located in a notified jurisdictional area, tax is deductible at the rate given in the table or at the rate of 30 per cent, whichever is higher. TDS rates for the financial year 2017-18 are as follows—
CATEGORY A - WHEN RECIPIENT IS RESIDENT
Nature of paymentTDS (SC : Nil, EC : Nil, SHEC : Nil)
• Sec. ​192 - Payment of salaryNormal Tax Rate plus surcharge and education cess
Surcharge: 10% (if total income exceeds Rs. 50 lakh but doesn’t exceed Rs. 1 crore), 15% (if total income exceeds Rs. 1 crore)
EC: 2% and SHEC: 1%
• Sec. ​192A - Payment of taxable accumulated balance of provident fund10
• Sec. 193 - Interest on securities— 
 a.  interest on (a) debentures/securities for money issued by or on behalf of any local authority/statutory corporation, (b) listed debentures of a company [not being listed securities in demat form], (c) any security of the Central or State Government [i.e., 8% Savings (taxable) Bonds, 2003, but not any other Government security]10
 b.  any other interest on securities (including interest on non-listed debentures)10
• Sec. 194 - Dividend— 
 a.  deemed dividend under section 2(22)(e)10
 b.  any other dividendNil
• Sec. 194A - Interest other than interest on securities10
• Sec. 194B - Winnings from lottery or crossword puzzle or card game or other game of any sort30
• Sec. 194BB - Winnings from horse races30
• Sec. 194C - Payment or credit to a resident contractor/sub-contractor— 
 a.  payment/credit to an individual or a Hindu undivided family1
 b.  payment/credit to any person other than an individual or a Hindu undivided family2
• Sec. 194D - Insurance commission10
 -  if recipient is a resident (other than a company)5
 -  if recipient is a domestic company10​
​• Sec. 194DA - Payment in respect of life insurance policy1%
• Sec. 194EE - Payment in respect of deposits under National Savings Scheme, 198710%
• Sec. 194F - Payment on account of repurchase of units of MF or UTI20
• Sec. 194G - Commission on sale of lottery tickets5
• Sec. 194H - Commission or brokerage5%
• Sec. 194-I - Rent— 
 a.  rent of plant and machinery2
 b.  rent of land or building or furniture or fitting10
• Sec. 194-IA​ - Payment/credit of consideration to a resident transferor for transfer of any immovable property (other than rural agricultural land)1
• Sec. 194-IB​ - Payment of rent by an individual or HUF not subjected to tax audit under Section 44AB5
• Sec. 194-IC​ - Payment under Joint Development Agreement to a resident individual or HUF who transfers land or building as per such agreement10
• Sec. 194J - Professional fees, technical fees, royalty or remuneration to a director 
Note: 2% if payee is engaged in the business of operation of call center
10
• Sec. 194LA - Payment of compensation on acquisition of certain immovable property10
• Sec. 194LBA(1) - Payment of the nature referred to in section 10(23FC)or section 10(23FC)(a) or section 10(23FCA) by business trust to resident unit holders10
• Sec. 194LBB - Payment in respect of units of investment fund specified in section 115UB10
• Sec. 194LBC(1) - Payment in respect of an investment in a securitisation trust specified in clause (d) of the Explanation occurring after section 115TCA (with effect from June 1, 2016)-
 -  if recipient is an individual or a Hindu undivided family25
 -  if recipient is any other person3​0
CATEGORY B - WHEN RECIPIENT IS NON-RESIDENT OR FOREIGN COMPANY
Aggregate payment or credit subject to TDS during the financial year 2017-18 
If recipient is non-resident Individual/HUF/AOP/BOI/Artificial juridical person

If recipient is non-resident co-operative society/ firmIf recipient is non-domestic company
Rs.50 lakh or lessMore than Rs. 50 lakh but not more than Rs. 1 croreMore than Rs. 1 croreRs. 1 crore or lessMore than Rs. 1 croreRs. 1 crore or lessMore than Rs. 1 crore but not more than Rs. 10 croreMore than Rs. 10 crore
Nature of paymentTDS (inclusive of SC:  Nil, EC: 2%, SHEC: 1%)TDS (inclusive of SC:  10%, EC: 2%, SHEC: 1%)TDS (inclusive of SC:  15%, EC: 2%, SHEC: 1%)TDS (inclusive of SC: Nil, EC: 2%, SHEC: 1%)TDS (inclusive of SC: 12%, EC: 2%, SHEC: 1%)TDS (inclusive of SC: Nil, EC: 2%, SHEC: 1%)TDS (inclusive of SC: 2%, EC: 2%, SHEC: 1%)TDS (inclusive of SC: 5%, EC: 2%, SHEC: 1%)
 Sec. 192 - Payment of salaryNormal Tax RateNormal Tax Rate  plus SC, EC and SHECNormal Tax Rate  plus SC, EC and SHEC
  •  Sec. 192A- Payment of taxable accumulated balance of provident fund
10.311.3311.845-----
 Sec. 194B - Winnings from lottery or crossword puzzle or card game or other game of any sort30.933.9935.53530.934.60830.931.51832.445
 Sec. 194BB - Winnings from horse races30.933.9935.53530.934.60830.931.51832.445
 Sec. 194E - Payment to a non-resident foreign citizen sportsman/entertainer or non-resident sports association20.622.6623.6920.623.07220.621.01221.63
 Sec. 194EE - Payment in respect of deposits under National Saving Scheme, 198710.311.3311.845NANANANANA
 Sec. 194F - Re-purchase of units of MF or UTI20.622.6623.69NANANANANA
 Sec. 194G - Commission on sale of lottery tickets5.155.6655.92255.155.7685.155.2535.4075
 Sec. 194LB - Payment/credit by way of interest by infrastructure debt fund5.155.6655.92255.155.7685.155.2535.4075
 Sec. 194LBA(2) - Payment of the nature referred to in  Section 10(23FC) [or (with effect from June 1, 2016) section 10(23FC(a)]by business trust to unit holders5.155.6655.92255.155.7685.155.2535.4075
 Sec. 194LBA(3) - Payment of the nature referred to  in section 10(23FCA) by business trust to unit holders30.9033.9935.53530.934.60841.242.02443.26
 Sec. 194LBB - Payment in respect of units of investment fund specified in Sec. 115UB              30.9033.9935.53530.934.60841.242.02443.26
 Sec. 194LBC(2) - Payment in respect of an investment in a securitisation trust specified in clause (d) of the Explanationoccurring aftersection 115TCA (with effect from June 1, 2016)30.9033.9935.53530.934.60841.242.02443.26
 Sec. 194LC - Payment/credit of interest by an Indian specified company on foreign currency approved loan/long-term infrastructure bonds (with effect from October 1, 2014, any bond) from outside India5.155.6655.92255.155.7685.155.2535.4075
 Sec. 194LD - Interest on a rupee denominated bond of an Indian company or Government security (from June 1, 2013)5.155.6655.92255.155.7685.155.2535.4075
 Sec. 195 - Payment/credit of other sum to a non-resident —        
a. income of foreign exchange assets payable to an Indian citizen20.622.6623.69NANANANANA
b. income by way of long-term capital gains referred to in section 115E or  section 112(1)(c)(iii)10.311.3311.84510.311.53610.310.50610.815
c. short-term capital gains under  Sec. 111A15.4516.99517.767515.4517.30415.4515.75916.2225
d. any other long-term capital gains [not being covered by  Section 10(33)10(36)and 10(38)]20.6022.6623.6920.623.07220.621.01221.63
e. income by way of interest payable by Government/Indian concern on money borrowed or debt incurred by Government or Indian concern in foreign currency (not being interest referred to in Sec. 194LB or Sec. 194LC 20.6022.6623.6920.623.07220.621.01221.63
f. royalty [see Note 5]10.3011.3311.84510.311.536

10.3

10.506

10.815
g. royalty [not being royalty of the nature referred to in (fsupra] [see Note 6] –        
□ where the agreement is made after March 31, 1961 but before April 1, 197610.3011.3311.84510.311.53651.552.5354.075
□where the agreement is made on or after April 1, 197610.3011.3311.84510.311.536

10.3

10.506

10.815
h. fees for technical services [see Note 7] –        
□ where the agreement is made after February 29, 1964 but before April 1, 197610.3011.3311.84510.311.53651.552.5354.075
□ where the agreement is made on or after April 1, 197610.3011.3311.84510.311.536

10.3

10.506

10.815
i. any other income30.933.9935.53530.934.60841.2042.02443.26
 Sec. 196B - Payment/credit of income from units (including long-term capital gains on transfer of such units) to an offshore fund10.311.3311.84510.311.53610.310.50610.815
 Sec. 196C - Payment/credit of interest of foreign currency bonds or GDR (including long-term capital gains on transfer of such bonds) (not being dividend referred to in  sectgion 115-O)10.311.3311.84510.311.53610.310.50610.815
 Sec. 196D - Payment/credit of income from securities (not being dividend, short-term or long-term capital gain) to Foreign Institutional Investors20.622.6623.6920.623.07220.621.01221.63
Notes :
1. Under sections 192​ tax is deductible from salary. The payer shall calculate salary taxable in the hands of recipient. The amount so determined is subject to tax deduction under sections 192. Under sections 192A, tax is deductible on taxable accumulated balnce of provident fund. Under section 195, tax is deductible only if income is taxable in the hands of recipient in India. In any other case, gross payment is subject to tax deduction.
2. In Category B, tax is deductible at the above rates or the rates specified in ADT agreements entered into by the Central Government under section 90 (whichever is lower) [ section 2(37A)(iii)].
3. Tax is not deductible under section 192Asection 193194194A, with effect from 1/6/2017 194D194DA194-I, or 194EE if the recipient makes a declaration in Form No. 15G/15H under the provisions of section 197A.
4. Under section 197 the recipient can apply the Assessing Officer in Form No. 13 to get a certificate of lower/no tax deduction. This benefit is, however, not available if tax is deductible under section 192Asection 194B194BB194E194EE194F194-IA194LBA194LB194LC196B196Cor ​196D​.
5. Royalty payable by Government or an Indian concern in pursuance of an agreement made by non-resident with the Government or the Indian concern after March 31, 1976, where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to ​section 115A(1A) to the Indian concern or in respect of computer software referred to in the second proviso to ​section 115A(1A), to a person resident in India.
6. Not being royalty of the nature referred to above, payable by Government or an Indian concern in pursuance of an agreement made by non-resident with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to matter included in the industrial policy, the agreement is in accordance with that policy.
7. Fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by non-resident with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to matter included in the industrial policy, the agreement is in accordance with that policy.​

No comments:

Post a Comment