12 January 2012
TDS on Professional or Technical Services (Section 194J)
Nature of payments covered:
a)Fees for professional services b)Fees for Technical Services c)Royalty d)Receipts in the nature of non-compete fees and exclusivity rights as specified u/s 28(va).
Who is liable to deduct: Any person other than individual and Hindu Undivided Family. However, individual and HUF are also covered if they are liable to get their accounts audited u/s 44AB. In other words, individual and HUF, if their gross receipts/turnover exceed the limits specified in section 44AB, are also liable to deduct tax at source from payments they make.
Professional Services: Areas covered
Legal Profession Medical Profession Engineering Architect Chartered Accountants Technical Consultancy Interior Decoration Advertising Authorised Representatives other than employee of the person represented. Authorised Representative does not mean a chartered accountant or an Advocate. However, payments to them are also subject to tax deduction. Film artistes including actor, cameraman, director, music director, art director, dance director, editor, singer, lyricist, story writer, screenplay writer, dialogue writer, dress designer. Company Secretary Profession of Information Technology.
Technical Services: Areas Covered
Rendering of managerial services. Rendering of technical services. Rendering of consultancy services.
The above areas exclude consideration for construction, assembly, mining or similar project undertaken by the recipient. It also excludes payments which are taxable under the head “Salaries”