TDS on rent paid for more than 1 year in advance
This query is : Resolved
28 May 2009
My client has paid rent of Rs 200000/- in advance for 2 years to a person amouting to Rs 100000/-p.a
{Rs 100000/-(08-09) + Rs 100000/-(09-10)}
1.Should he deduct TDS on this rent paid as it does not amount to Rs 120000/- p.a
2.But will he be liable to TDS on payment basis as it definetly crosses Rs 120000/-
{Rs 100000/-(08-09) + Rs 100000/-(09-10)}
1.Should he deduct TDS on this rent paid as it does not amount to Rs 120000/- p.a
2.But will he be liable to TDS on payment basis as it definetly crosses Rs 120000/-
28 May 2009
Any advance paid to the landlord, if not refundable shall be treated as rent paid, In this case since the advance paid exceed the Minimum threshold limit for non deduction of TDS, you are liable to deduct tax on this u/s 194I irrespective of the fact that the same would be adjusted in the two financial years and in each FY the rent paid would be less then 120K.
28 May 2009
Mr Rajesh Dua's view is correct in view of circular 718 dated 22/08/1995 and Delhi high Court decision in CIT V REEBOK INDIA COMPANY (2007) TIOL 124.
29 May 2009
agreed with the experts
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- TDS 194-T applicability
- Tds on commission charges
- Fixe term employment
- GST ITC REVERSE
- TDS on Complimentary "Desi Ghee and Gold Coin" Provided to KBC Contestants
- Withdrawal in cash from partners capital account by partner
- Section 50-fixed asset-->building ceases to exist
- Consolidated financials
- Regarding Applicability of Tax Audit u/s 44AB
- TDS on TRUST
- Renovation exp. in flat by family member
- Starting trading business
- Need Professional Opinion AY 2012-13 Old Demand
- Regime change
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
Quick Links
Featured
11 September 2026
Audit Executive
RBSM Corporate Advisors Private Limited
Pune
CA
View Details
ARTICLESHIP
18 September 2026
Industrial Trainee
Twenty Point Nine Five Ventures Private Limited
Noida
CA Inter
View Details
ARTICLESHIP
21 September 2026
CA Article Assistant
KK & Company Chartered Accountant
Pune
CA Inter
View Details
08 September 2026
Semi-Qualified Assitant
Subrahmanyam & Sivudu CA Firm
Hyderabad
CA Inter
View Details
ARTICLESHIP
07 September 2026
CA Articles
Kothari Jain Patil & Chartered Accountants
Pune
CA Inter
View Details
CCI
Pro
CAclubindia
