Section 194IB - The most important yet unnoticed section of Income Tax Act 1961



Quick Summary
Section 194IB of the Income Tax Act deals with Tax Deducted at Source (TDS) on rent payments. It applies to individuals and HUFs not liable for tax audits when paying rent exceeding £50,000 per month. TDS must be deducted either on payment or accrual, whichever is earlier, at a rate of 5% (or 20% if the landlord's PAN is not provided). Payment is made using Form 26QC via the NSDL website, and it's a one-time annual deduction with no quarterly return filing required.

Today I will talk to you through one of the most important yet which is not that much discussed section. Section 194IB of income tax act related to TDS. Many people are not aware of this section as they confuse it with section 194I, So lets talk about some of the pertinent points relating to it.

1. Whom is it applicable?

Individual/HUF who are not liable to audit u/s 44AB.

2. When is it applicable?

When Individual/HUF pay rent which is more than Rs.50,000/- per month.

3. When is it to be deducted?

If property is to vacated then it should be paid before during the year, otherwise it is be paid during the last month of the year.

It is paid on due or payment whichever is earlier basis.

Section 194IB: TDS on Rent Explained

4. What is the rate of TDS?

The rate of TDS is 5%. However if PAN of the landlord is not available then rate will be 20%.

5. How is it to be paid?

Form 26QC which is a challan cum statement is used to pay this. TAN number is not necessary for this.

 

6. What is the method of payment?

Click https://www.tin-nsdl.com/

Now under services, select TDS on rent on property.

"E- payment of taxes" will appear. Fill all the details relating to PAN number, date of deduction, amount paid and submit the form.

 

7. Other important points:

  • This TDS is to be deducted and paid only once during the year.
  • There is no requirement of filling any TDS return quarterly for it.

So, always take into consideration this section before you deduct or file TDS relating to individual/HUF who are covered under Tax Audit.

FAQ :

Section 194IB relates to TDS (Tax Deducted at Source) on rent payments made by individuals or HUFs who are not liable for tax audits.

Individuals and HUFs who pay rent of more than £50,000 per month and are not liable for tax audit under Section 44AB are liable to deduct TDS.

The TDS rate is 5% of the rent paid. If the landlord's PAN is not provided, the rate increases to 20%.

TDS is paid using Form 26QC, a challan cum statement, which can be filled out and submitted online via the NSDL website under 'TDS on rent on property'.

TDS should be deducted on a due or payment basis, whichever occurs earlier. If the property is to be vacated, it should be paid before the end of the year; otherwise, it's paid during the last month of the year.

No, there is no requirement for quarterly TDS return filing for TDS deducted under Section 194IB. It's a one-time deduction and payment for the year.


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About the Author

CA

CA, MBA(Finance), DISA, FAFD, writer of two novels and also run a youtube channel Concept Decoded. Twitter handle caanuragwriter

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