Section 194J: Fees for professional or technical services



Quick Summary
Section 194J of the Income Tax Act mandates Tax Deducted at Source (TDS) on payments for professional or technical services. This applies to various services like engineering, accounting, and technical consultancy, as well as director remuneration and commission. The TDS rates vary depending on the service, with a common threshold limit of Rs. 30,000 per financial year before deduction is required. Failing to deduct or deposit TDS on time incurs interest penalties.

Section 194J of the Income Tax Act pertains to the TDS on fees for professional or technical services. According to this section, any person, including an individual or a company, who is responsible for paying to any sum as fees for professional or technical services, is required to deduct TDS.

Different types of payments are covered under Section 194J

Section 194J: TDS on Professional and Technical Fees

Section 194J of the Income Tax Act covers various types of payments made for professional or technical services. Some examples of such payments include:

  • Fees for professional services such as those provided by an engineer, architect, surveyor, accountants, technical consultants, interior decorators, company secretary, etc.
  • Fees for technical services such as those provided by a technical expert or a technical consultant.
  • Remuneration or fees for services provided by a director of a company to the company or its subsidiary.
  • Commission or brokerage paid to a resident for services provided in connection with the sale or purchase of goods or services.
  • Any payment made to a technical or professional institution, association, or body, whether incorporated or not, for carrying out any work or services.

Applicable TDS Rates under Section 194J

Nature of Payment Rate Threshold Limit
sum paid or payable towards fees for technical services 2% Rs. 30,000
sum paid or payable towards royalty in the nature of consideration for sale, distribution or exhibition of cinematographic films 2% Rs. 30,000
Any other sum 10% Rs. 30,000
If the payee fails to provide PAN 20% Rs. 30,000

What are the consequences of late deduction under 194J TDS?

If an individual or organization fails to deduct TDS interest will be charged on the amount of TDS that should have been deducted.

If no deduction was made Interest is 1% per month
If deduction was made but not paid to the government Interest is 1.5% per month

Threshold limit for deduction of TDS under Section 194J

The threshold limit for deduction of TDS under Section 194J of the Income Tax Act is Rs. 30,000 per financial year. This means that if the amount paid or credited to a contractor or sub-contractor during the financial year does not exceed Rs. 30,000, no TDS is required to be deducted.

However, if the amount paid or credited exceeds Rs. 30,000, TDS at the applicable rate must be deducted on the entire amount paid or credited, regardless of the threshold limit.

 

Who are liable to deduct TDS under section 194J

Section 194J of the Income Tax Act states that:

  • Any individual or HUF carrying on business whose turnover does not exceed Rs 1 crore during the previous financial year are liable to deduct TDS under section 194J
  • Any individual or HUF carrying on profession whose turnover does not exceed Rs 50 lakh during the previous financial year are liable to deduct TDS under section 194J

Time Limit To Deposit TDS

Period Due Date
April to February 7th day from end of the month
March

For government - 7th day from end of the month

For non government - 30th April

Note : If TDS is deducted on 16 May 2024 than, TDS must be deposited with 7th of June 2024 to avoid interest.

Who are required to comply with Section 194J?

In case of business for Individual or HUF If turnover exceeds Rs.1 crore
In case of business for Profession If exceeds Rs. 50 lakhs

FAQ :

Section 194J of the Income Tax Act deals with the deduction of Tax at Source (TDS) on fees paid for professional or technical services.

Section 194J covers payments for professional services (like engineers, accountants), technical services, director remuneration, commission/brokerage for goods/services sale/purchase, and payments to institutions for work or services.

The threshold limit for TDS deduction under Section 194J is Rs. 30,000 per financial year. If the total payment exceeds this amount, TDS must be deducted on the entire sum.

For fees for technical services and royalty related to cinematographic films, the rate is 2%. For any other sum, it's 10%. If the payee doesn't provide a PAN, the rate is 20%.

If TDS is not deducted, interest is charged at 1% per month. If deducted but not paid to the government, interest is 1.5% per month on the amount that should have been deducted.

Individuals or HUFs carrying on business with turnover exceeding Rs. 1 crore, or those carrying on a profession with turnover exceeding Rs. 50 lakh in the previous financial year, are liable to deduct TDS.


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