Section 194H of the Income Tax Act governs the taxation of commission or brokerage. According to this section, any person responsible for paying to any income by way of commission or brokerage shall deduct tax at source of such income.
Who are eligible to deduct TDS under Section 194H?
As per Section 194H, any person who is responsible for paying to any income by way of commission or brokerage is eligible to deduct TDS (Tax Deducted at Source) under this section. This includes individuals, companies, partnerships, firms, association of persons (AOPs), Hindu Undivided Families (HUFs), trusts, etc. who are making payment of commission or brokerage.
Applicable TDS rates on Commission or brokerage
The TDS (Tax Deducted at Source) rate applicable on commission or brokerage is 5% as per Section 194H of the Indian Income Tax Act. This rate is applicable for all types of commission or brokerage unless specified otherwise under the act.
If the payee (the recipient of commission or brokerage) fails to furnish their PAN (Permanent Account Number), the rate of TDS (Tax Deducted at Source) on commission or brokerage shall be 20% as per the provisions of Section 206AA of the Indian Income Tax Act. This higher rate of TDS is applicable as a measure to discourage non-compliance with PAN requirements.
When TDS under Section 194H is not deductible?
TDS (Tax Deducted at Source) under Section 194H of the Income Tax Act is not deductible in the following cases:
- TDS is not required to be deducted if the amount of commission or brokerage is less than the prescribed limit, which is currently ₹15,000.
- As per the provisions of Section 197 of the Indian Income Tax Act, a person can make an application to the Assessing Officer (AO) for deduction of tax at NIL rate or at a lower rate than the prescribed rate under Section 194H. The application can be made in cases where the person considers that the total income of the recipient of the commission or brokerage, after considering all the other sources of income and the reliefs under the Income Tax Act, is likely to be below the taxable limit.
- If a company pays commission to its employees, TDS (Tax Deducted at Source) would be applicable under Section 192 of the Indian Income Tax Act and not under Section 194H. The commission paid to employees is considered as a part of their salary and is subject to TDS under the provisions of Section 192, which governs the taxation of salaries.
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