Tds on director

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Querist : Anonymous

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Querist : Anonymous (Querist)
04 July 2016 A director of a pvt. ltd. compay having salary remuneration of rs. 4 Lakh which is paid at the end of the year. Director also disclosed a rs. 1.70 Lacs deduction under section 80C out of which 1.50 lakh is deducted from the salary i.e. 4-1.5 =2.5 lakh. Now the Company not deducted on salary of director. whether it is Correct? kindly reply urgently.

04 July 2016 Any payment made in nature of salary TDS is deducted under Sec 192 of IT act and payments like sitting fee , professional fees to director TDS should be deducted u/s 194J. In your case you have to decide in what nature you have paid to director and deduct TDS .

04 July 2016 if you paid Director Remuneration above case TDS is not Applicable, if you pay other than director Remuneration TDS is Applicable u/s194J 10% if it excceds 30000/-P.A

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Querist : Anonymous

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Querist : Anonymous (Querist)
04 July 2016 Thanks for your valuable opinion
But i also want to know whether company having any liability if director having other income of rs. 2 lacs. which is not disclosed to the company. And company required any special disclosure in specified format from the director or any else.

27 July 2025 Here’s a clear breakdown about TDS on directors and related compliance:

### 1. **TDS on Director’s Remuneration (Salary):**

* If payment to director is in the nature of **salary/remuneration**, TDS must be deducted under **Section 192**.
* The company should consider the director’s declared **80C deductions** and calculate TDS on net taxable salary.
* TDS must be deducted **at the time of payment or credit**, whichever is earlier.
* Not deducting TDS on salary payments is **not correct**; the company has a liability to deduct and deposit TDS.

### 2. **TDS on Other Payments to Directors (Sitting Fees, Professional Fees, Commission):**

* Payments like **sitting fees, professional fees, commission** (other than salary) are subject to TDS under **Section 194J**.
* TDS rate is usually **10%** (or as per applicable rate).
* Threshold limit is Rs. 30,000 per annum for deduction.

### 3. **Company’s Liability if Director Has Other Income Not Disclosed:**

* Company’s TDS liability is only on the **payments made by the company** to the director.
* Director’s other income is the director’s personal tax matter; company is not responsible for TDS on income not paid by company.
* However, company can require directors to furnish **Form 12BB** (declaration of investments, deductions, etc.) annually to help calculate TDS correctly.

### 4. **Disclosure/Documentation:**

* It is good practice to obtain **declaration in Form 12BB** from directors regarding investments/deductions.
* This helps company deduct correct TDS under section 192.
* No special disclosure format is mandated by law for other income of director outside company.

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**Summary:**

* TDS on director salary: mandatory under section 192.
* TDS on other payments (like sitting fees): under 194J.
* Company not liable for director’s other income outside company payments.
* Obtain Form 12BB from director to correctly compute TDS.

If you want, I can help draft a reminder letter/form for the director’s declaration. Would you like that?


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