TDS u/s 194IB- At a glance
Section 194 IB relates to TDS deducted by individuals and HUF to residents on rent paid.
- A) Landlord is Resident-
Sr. No |
PARTICULARS |
REMARKS |
1 |
Person liable to deduct |
Individuals or HUF who are not required to get their books
audited u/s 44AB |
2 |
When the liability arises |
Rent paid to residents per month or part thereof > 50,000/- Note: Rent paid to non- residents is covered u/s 195. |
3 |
Amount of tax to be deducted |
. Landlord furnished PAN- 5% . Landlord does not furnish PAN- 20% |
4 |
Time of TDS deduction |
. TDS has to be deducted and remitted once in a year either at the time of payment or credit for the last month of tenancy or last month of the financial year. Note: if the assessee changes place of residence during the financial year, TDS has to be deducted from rent paid to both landlords if rent amount exceeds 50,000/-. |
5 |
Requirement of TAN by the assessee (Individual or HUF) |
TAN is not required by the assessee (Individual or HUF) deducting and remitting TDS. |
6 |
Due Date of payment of TDS |
TDS has to be paid within 30 days from the last day of the month for which TDS is deducted in form 26QC. |
7 |
Details required for filling form 26QC. |
. PAN of landlord and tenant . Address of landlord and tenant . Period of tenancy . Amount of rent payable . Rent payable in last month . Total amount paid/ credited . Date of deduction of tax . Interest or late fee payable |
8 |
Interest or penalty |
. Interest @1% is levied if TDs is not deducted, and . Interest @1.5% p.m. is payable if TDS is deducted but not paid to the government. . Penalty @ Rs. 100 per day is levied for late filing of Form 26QC. |
- B) Landlord is Non- resident-
. TDS u/s 195 is deducted for payment made to non- resident.
. TDS @31.20% is deducted irrespective of the amount of rent.
. TDS can be deducted at a lower rate. Any of the following 2 methods can be followed-
- a) Tenant can make an application to the Income Tax Officer, u/s 195(2) of Income Tax Act, or
- b) The landlord can make an application either by themselves or through their
authorized representatives in India to the Income Tax Officer, u/s 195(3) of the Income Tax Act