Income tax

Comprehensive Guide for TDS Deduction on Rent under Section 194-I

TDS deduction on rent source under 194-I

Introduction

In India, the Tax Deducted at Source (TDS) system helps in collecting taxes from various sources of income, including rent paid by tenants to landlords. The TDS on rent is governed by Section 194I of the Income Tax Act, which outlines the rules and regulations regarding the collection and remittance of tax on rent.

What is TDS on Rent?

TDS on rent is the tax deducted at source by the tenant when paying rent to the landlord. According to Section 194I of the Income Tax Act, any person paying rent of more than Rs. 2,40,000 per annum must deduct TDS at the rate of 10% before making the payment. The tenant must remit the TDS amount to the government.

Who is Responsible for Deducting TDS on Rent?

The tenant is responsible for deducting TDS on rent at the rate of 10% on the rent paid to the landlord if the rent paid exceeds Rs. 2,40,000 per annum as per the norms of Income Tax Act under section 194 – I. The tenant must also remit the TDS amount to the government. If the landlord is a non-resident, the tenant must deduct TDS at the rate of 30% on the rent paid, and obtain a Tax Deduction and Collection Account Number (TAN) and remit the TDS amount to the government using Challan 281.

What are the Consequences of not Deducting TDS on Rent?

If the tenant fails to deduct TDS on rent or deducts an incorrect TDS amount, then the tenant will be liable to pay interest and penalty on the TDS amount due. The tenant may also be liable to pay a penalty of up to Rs. 10,000 for each default, but the penalty may be waived off if the tenant can show reasonable cause for the delay or failure to deduct TDS.

What are the Consequences of not Remitting TDS on Rent?

If the tenant deducts TDS on rent but fails to remit the same to the government, then the tenant will be liable to pay interest and penalty on the TDS amount due. Failure to deduct or remit TDS on rent can result in interest and penalties. So if you fail to get the TDS deducted and it is not remitted to the government then it is possible that a late fee is imposed on you on the basis of an interest rate of 1% simple interest per month.

Conclusion 

TDS deduction on rent is very necessary if your annual rent income exceeds the threshold limit decided by the government. It is also necessary to be paid on time so that you can avoid paying any late fees. Stay updated about all the procedures related to TDS deduction on rent so that you do not face any difficulties while fulfilling the procedures.

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