Tds on rent to partners

This query is : Resolved 

Quick Summary
TDS under Section 194I is not applicable when rent paid to each co-owner partner does not exceed the prescribed threshold limit individually. In this case, each partner receives Rs. 96,000 annually, which is below the limit.

01 August 2013 rent payments are made by a partnershp firm for a godown of the firm which is jointly owned by 3 partners in the ratio 1:1:1.

rent per month=8000
aggregate rent paid to 1 partner=8000*12
=96000

aggregate rent paid to 3 partnes=8000*12*3
=288000
should tds be deducted u/s 194I???

pls reply

01 August 2013 No TDS required

Threshold limit of 180000 can be enjoyed individually

02 August 2013 No tds is applicable.

02 August 2013 The limit of Rs.1,80,000/- will apply to each payee/co-owners separately, vide CBDT Circular 715 reported in 215 ITR (St)16,hence provisions of section 194I doesn't apply.

02 August 2013 thank you all :)

01 September 2013 Yes I agree with all the experts. The house should be owned by the partner and the limit should not be exceeded.


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