Section 196B | TDS on long term capital gains (LTCG) from units referred to in section 115AB



Quick Summary
Section 196B of the Income Tax Act outlines the Tax Deducted at Source (TDS) requirements for income earned by Offshore Funds from units referred to in Section 115AB, including long-term capital gains. The person making the payment is responsible for deducting TDS at a rate of 10% at the earliest of either crediting the income or making the payment.

196B. Where any income in respect of units referred to in section 115AB or by way of long-term capital gains arising from the transfer of such units is payable to an Offshore Fund, the person responsible for making the payment shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rate of ten percent.

TDS on LTCG for Offshore Funds: Section 196B Explained

1) Who is responsible to deduct tax u/s 196B?

Any person responsible for making payment to Offshore Fund.

2) Nature of Payment

  1. Income from units referred to in section 115AB
  2. Long-term capital gain arising from transfer of such units
 

3) When to Deduct TDS under Section 196B?

At the time of credit of such income to the account of payee or at the time of payment, whichever is earlier.

For this purpose, "payment" can be in cash or by issue of a cheque or draft of by any other mode.

 

4) Rate of TDS under Section 196B

The rate of tax deduction u/s 196B is 10% (+SC+H&E Cess)

FAQ :

Any person responsible for making the payment to an Offshore Fund is responsible for deducting TDS under Section 196B.

TDS under Section 196B applies to income from units referred to in Section 115AB and long-term capital gains arising from the transfer of such units.

TDS must be deducted at the time of crediting the income to the payee's account or at the time of payment, whichever occurs first.

The rate of TDS under Section 196B is 10%, plus applicable Surcharge and Health & Education Cess.


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