New TDS Rules to affect Social Media Influencers and Doctors



Quick Summary
New TDS rules under Section 194R, effective from 1st July 2022, require a 10% tax deduction on benefits or perquisites exceeding £20,000 provided to residents. This applies to social media influencers receiving freebies for endorsements and doctors receiving free medicine samples. The tax is calculated on the Fair Market Value or purchase price, excluding GST. Exemptions exist for government entities, sales discounts, and when products are returned by influencers.

The new TDS section 194R introduced in the Budget, 2022 shall be applicable from 1st July, 2022, requiring a deduction of 10% by any person (resident or non-resident) who provides benefit or perquisite to a resident person in a year exceeding Rs 20,000 shall be liable for TDS under section 194R.

What does Benefit and Perquisite mean?

  • Any benefit given by a person to a Resident as a freebie to endorse the brand. (like mobile phones, gold coins, TV)
  • The benefit may be fully in kind.
  • The benefit may be partly in cash and partly in kind
  • This also includes a free sponsorship, free air ticket.
  • Free ticket for IPL.
  • Free medicine sample given to Medical practitioners.

These are the few examples and not an exhaustive list of benefits and perquisites.

TDS Rules for Influencers and Doctors: What You Need to Know

Valuation of Benefit or Perquisite under 194R.

  • TDS shall be deducted on Fair Market Value or
  • If the deductor has purchased the benefit/perquisite before providing it to the recipient then the value shall be the Purchase price (Actual cost).
  • If the deductor manufactures such an item then the price that it charges to its customers for such item shall be the value for such benefit/perquisite.

Is GST considered in the valuation?

No, GST is not considered in the valuation for TDS u/s 194R

How is the tax deducted on the perquisite?

  • Any benefit received in kind, then the deductor has to ensure that an advance tax is paid by the recipient of the benefit. Or
  • Person who provides the benefits shall deduct TDS under 194R for the value of the benefit.

Application Of TDS On Working Doctors

CBDT clarifies that if doctors receive free samples of medicines while employed, Section 194R will apply to the distribution of free samples to the hospital.

The hospital, as an employer, could consider such samples as taxable perquisite for employed doctors and deduct tax accordingly.

In such cases, the threshold of ₹20,000 has to be seen with respect to the hospital. For doctors working as consultants and receiving free samples, TDS would ideally apply to the hospital first, which would require deducting tax under Section 194R regarding consultant doctors.

 

Application of TDS for Social Media Influencers.

  • A product or any freebie is given to the social media influencer to promote or endorse the brand on social media shall be considered as a benefit or perquisite if the product is not returned.
 

When is 194R not Applicable?

  • Section 194R will not be applicable if the benefit or perquisite is provided to a government entity, such as a hospital, not carrying on business or profession.
  • Sales discounts, cash discounts, and rebates allowed to customers.
  • When a social media influencer has to return the product after promotion or endorsement in social media.

Also Read: CBDT issues guidelines for removal of difficulties under Section 194R

FAQ :

Section 194R, introduced in Budget 2022, mandates a 10% TDS deduction on benefits or perquisites exceeding £20,000 provided to a resident in a year.

Social media influencers receiving freebies for endorsements and doctors receiving free medicine samples are among those affected by these new TDS rules.

This includes freebies like mobile phones, gold coins, TVs, sponsorships, air tickets, or medicine samples given to endorse a brand or for professional use.

TDS is calculated on the Fair Market Value. If purchased, it's the purchase price; if manufactured, it's the price charged to customers. GST is not included.

It's not applicable for benefits provided to government entities not conducting business, sales discounts, cash discounts, rebates, or when influencers return the product.


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I simplify complex income tax, TDS, banking, and investment updates into practical insights for taxpayers, salaried professionals, pensioners, and senior citizens. I regularly write on ITR filing, tax compliance, savings schemes, and the latest financial rule changes in India.

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