TDS (Tax Deducted at Source) return filing in India

TDS (Tax Deducted at Source) return filing in India

Full form of TDS is Tax Deducted at Source. You may have experienced TDS in many forms - Bank FDs, salary payments to vendor payments, and TDS seem to infiltrate everywhere. Normally, TDS means an advance tax withheld by the payor from your income, whichever form it is.

So, it ends up reducing your income. Therefore, it should be an important focus when looking to save tax. However, does it mean you need not file an income tax return? Or can the deduction benefit you anywhere? Let’s find out.

What is TDS?

TDS or Tax Deducted at Source is an income tax that is collected from certain payments like rent, salary, commission, interest, professional fees, etc. The person paying the amount should deduct TDS from such a payment.

As per the Income Tax Act, any company or a person is required to deduct tax at the source itself if the money paid exceeds the specified limit. The person who receives a payment also has a liability to pay tax on their income.

The payee will receive credits against the TDS payments, which they can claim against their actual tax liability while filing the annual ITR.

The purpose of TDS may have been to reduce the chances of tax evasion by the recipient of the income. But, for an honest taxpayer, it also brings a few benefits.

Types of TDS

Even when you are making payments as an individual taxpayer, you need to deduct TDS on certain payments. The following type of payments that attract TDS:

a) Salary Transfer
b) Professional Fee
c) Consultation Fee
d) Rent Payments
e) Commission
f) Interest on Securities & Deposits
g) Dividend on company shares and mutual funds
h) Lottery and similar winnings
i) Payment of Royalty
j) Salary Transfer
k) Professional Fee
l) Consultation Fee
m) Rent Payments
n) Commission & brokerage payments
o) Interest on Securities & Deposits
p) Dividend on company shares and mutual funds
q) Lottery, lucky draw and similar winnings
r) Payment of Royalty
s) Director’s Remuneration
t) Transfer of Property
u) Other interest payments

What is a TDS Return?

You make the payments to other parties against their services throughout the year. If these payments to one party exceed the specified limit for the payments made under sections 192 to 195 of the Indian Income Tax Act, you must deduct the applicable TDS amount.

You will need to deposit the deducted TDS amount quarterly along with the respective TDS Return. Depending on the nature of payment (applicable section) you will file a separate TDS form as TDS Return, each quarter.

Example of Tax Deducted at Source

TDS has to be deducted at the applicable rates only. For example, the TDS rate on rent payments to resident individuals and HUFs by resident individuals and HUFs is 5%, when the rent is more than Rs 50,000 p.m.

Thus, if you are living in a rented house and paying Rs 70,000 per month as rent, you should deduct Rs 3500 per month as TDS before paying the rent. You will need to pay Rs 66,500 to the property owner and will deposit Rs. 10,500 every quarter to the CBDT as the collected TDS amount.

Similarly, a firm may deduct TDS on the fees payable to a consultant for the professional services at 10%.

How does TDS Work?

TDS would apply to all taxable incomes except it’ll be deducted at source at a fixed rate. For almost all payments except salary, TDS rate depends on the type of income rather than the amount of payment.

In the case of salary, the employer can estimate the total expected income of the employee. Thus, TDS deduction happens at the applicable slab rate and may change in the middle of the year based on:

1. Changes to income due to bonus, appraisal

2. Submission of investment proof

Pro Tip: With salary TDS deduction a lot of employed taxpayers fail to prepare. These taxpayers end up losing a big chunk of their salaries in the last quarter of the financial year.

So, start your tax-saving investments in April itself, and keep your TDS deductions higher in the beginning. Thus, you will avoid last moment rush for tax saving investments and income loss both.

When should TDS be Deducted and Who is Liable to Deduct it?

Any person including an individual, HUF (Hindu Undivided Family), firm and NRI (non-resident Indian), is expected to deduct tax at source, provided:

  • Any payment made under the five heads of income or as specified under the Income Tax Act, 1961 requires you to deduct TDS. This provision does not apply to individuals and HUFs making such payments unless specified.
  • If you are paying rent of more than Rs 50,000 per month as an individual or HUF taxpayer, you need to deduct TDS at 5%. This applies to all Individual and HUF taxpayers regardless of whether your books need an audit.
  • Employers must deduct TDS from the salary of those employees whose income exceeds the maximum exempt limit. Employees can submit proof of tax-saving investments and expenses to reduce the TDS amount of the employer.
  • Banks will deduct TDS at 10% from the interest payments on fixed deposits. However, if your annual income is below the maximum exempt threshold you can submit Form 15G and 15H to avoid this deduction.
  • You can claim the excess TDS deducted by the employer, banks or any other entity at the time of filing your annual income tax return.

Types of Payments that are Exempt from TDS

Certain payments are exempt from TDS if they do not exceed the specified limit for the TDS deduction. The following types of payments will not attract TDS if they do not exceed the specified limit (for A.Y. 2021-22):

Payment of Interest to senior citizens on

- Bank & post office deposits
- Fixed deposit schemes
- Recurring deposits

Rs. 50,000
Rent payment for land, building or furniture by a non-domestic firm or individual and HUFRs 2.4 lakhs
Cash withdrawal by resident individual and HUFRs. 1 crore (Rs 20 lakhs if the person/HUF has not filed ITR for the last three consecutive years)
Payment to resident individuals, contractors & professionals, for service or purchase of goods by resident individual & HUFRs 50 lakhs
Rent payable by a resident individual or HUF to another resident individual or HUFRs. 50,000

How and When to File TDS Returns?

You will need to use the appropriate form based on the type of payment on which TDS has been deducted. Corporates and payers making payments to NRIs, usually need to file TDS returns every quarter.

Other payments will require a TDS return within a stipulated time as per the table below:

Transactions reported in the returnDue dateForm
TDS on SalaryQ1 – 31st July
Q2 – 31st October
Q3 – 31st January
Q4 – 31st May
Form 24Q
TDS on all payments made to non-residents except salariesQ1 – 31st July
Q2 – 31st October
Q3 – 31st January
Q4 – 31st May
Form 27Q
TDS on sale of property30 days from the end of the month in which TDS is deductedForm 26QB
TDS on rent30 days from the end of the month in which TDS is deductedForm 26QC

TDS Rates for Various Regular Payments

Type of PaymentSectionsTDS Rate
Salaries192Applicable Slab Rates + Cess
Interest from Securities (Bonds & Debentures)*19310%
Interest on deposits*194A10%
NSC Maturity Value*194A10%
Sale of Mutual Fund Units back to Mutual Fund#112A20%
Payment for Professional Services*194J10%
Rent Payment by Individuals Over Rs. 50,000 p.m.194IB5%
Lottery & Other Types of Winnings194B30%
Payment to Resident Contractor / Sub-contractor194C1% (HUF & Individuals)
2% (Others)
Commission on Insurance194D5% (HUF & Individuals)
10% (Others)
Acquisition of immovable property194LA10%
Rent payments for Plant, Machinery, Furniture, etc.194I2% (Plant, Machinery & Equipment)
10% (Furniture, fixture, land and building)
Commission & Brokerage payments194H5%
Commission on the sale of lottery tickets194G10%

TDS Payment Due Dates

Anyone deducting TDS from the payments made to another party as income should deposit the amount to the Central Government Account before the 7th of the next month. For example:

TDS Deduction MonthDeposit Due Date
April7th May
May7th June
June7th July… and so on
March30th April

Except for March, where you can deposit the TDS amount by 30th April.

What is a TDS Certificate?

The deducting party issues TDS certificates to the taxpayers. Depending on the type of payment TDS certificates can be issued in the following forms:

TDS Deducted onForm & FrequencyDue Date
Salary PaymentsForm 16, issued annuallyBefore 31st May of the Assessment Year
Non-Salary Payments (interest, vendor payment, consultancy fees, etc.)Form 16A is issued quarterlyWithin 15 days of filing the due date
Sale of PropertyForm 16B, issued with every transactionWithin 15 days of filing the due date
Rent PaymentsForm 16C, issued with every transactionWithin 15 days of filing the due date

How to File TDS Return online?

You will need a TAN or Tax Deduction & Collection Account Number to file a TDS return. Follow the process below to file your TDS return online:

1. Register your TAN number for e-filing
2. Prepare your TDS return using one of the online portals. You can log in to the incometaxindia.gov.in to generate a TDS payment challan
3. Log in to the net banking and pay the collected due TDS amount
4. You can use a valid DSC (Digital Signature Certificate) to e-file and verify your online TDS return

While filing TDS you also need the PAN and bank account details of the payee. If the payee’s PAN is linked with Aadhaar you can upload your returns using Electronic Verification Code (EVC).

How to Apply for a TDS Return?

The party deducting the TDS can issue a TDS certificate in the applicable Form 16. The deducted TDS amount is reflected in Form 26AS as Tax Credits for the payee (person receiving the amount after TDS deduction).

If you want to claim a TDS return you will need to file your ITR for the assessment year (AY). The applicable credits are adjusted out of your tax payable for the AY. If eligible for a refund, the same will be processed and credited to your bank account within six months.

In case, where the deducted TDS amount does not show up on your Form 26AS, you will need to submit the TDS certificate received from the deductors.

What happens after TDS Deduction?

After TDS deduction the person or firm deducting the TDS needs to deposit the same with the central government. Once deposited the same will reflect on form 26AS of the person who received the income after TDS. All the TDS payments reflecting on your Form 26AS will be automatically adjusted in your taxable income.

The payor should also give you a TDS certificate which you can alternatively use while filing your ITR. Yes, you do need to file your personal ITR even after TDS deduction.

All the deducted TDS gives you tax credits and reduces your tax liability.

So, for example, if you end up paying 30% TDS on a lottery payment of Rs. 300,000 (i.e. you received only Rs. 210,000), and this is your only income in the financial year, when you file your ITR your total tax liability would be zero (Rs. 250,000 being the minimum exempt income). Thus, the excess tax you ended up paying as TDS would be returned to you.

Thus, don’t miss filing your personal ITR, especially after TDS on any of your income.

Also Read - Form 15G & 15H

Created & Posted by Ravi Kumar

CA-Article at TAXAJ

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