Section 196D | TDS on Income of foreign institutional investors from securities



Quick Summary
Section 196D outlines the Tax Deducted at Source (TDS) obligations for income earned by Foreign Institutional Investors (FIIs) from securities. The payer must deduct tax at a rate of 20% on income related to securities, excluding interest covered by Section 194LD. This deduction occurs at the earliest of when the income is credited or paid to the FII. Importantly, no TDS is applicable on capital gains arising from the transfer of these securities.

196D. (1) Where any income in respect of securities referred to in clause (a) of sub-section (1) of section 115AD, not being income by way of interest referred to in section 194LD, is payable to a Foreign Institutional Investor, 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  [by any mode], whichever is earlier, deduct income-tax thereon at the rate of twenty per cent.

No deduction of tax shall be made from any income, by way of capital gains arising from the transfer of securities referred to in section 115AD, payable to a Foreign Institutional

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

Any person responsible for making payment to Foreign Institutional Investors

TDS on Foreign Institutional Investors  Securities Income

2) Nature of Payment

Income in respect of securities referred to in section 115AD (not being interest referred to in section 194LD)

3) When to Deduct TDS under Section 196D?

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 196D

The rate of tax deduction u/s 196D is 20% (+ SC+H&E Cess)

5) Other key point related to Section 196D

No deduction shall be made in respect of capital gains arising from transfer of such securities.

 

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