Tds on rent

This query is : Resolved 

02 February 2012 Since my landlord is collecting service tax along with the rent, the tds had to be deducted by me before service tax or after service tax?

Naveen

02 February 2012 deduct TDS on amount excluding service tax.

As per Circular No.4/2008 dated 28.4.2008, it was clarified that TDS on rental payments would be required to be made only on the basic rental amount without including service tax. In other words, TDS should not be made on the service tax portion of the rent. However, this analogy is not applicable to TDS under other sections.


For Sec 194I - deduct TDS on amount excluding service tax

For other sections on amount including service tax.

02 February 2012 Thank you very much Sir for your kind advice
Naveen


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