I am asking from the point of view of the landlord, as my tenant is deducting the 10% TDS (from the rental payable) but not paying it to the IT department for multiple months. Can I take any remediable action ?
27 July 2025
Here’s a clear breakdown regarding **TDS u/s 194-IB** on rent and related landlord concerns:
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### 1. **When should tenant deposit TDS deducted u/s 194-IB?**
* The tenant (deductor) must deposit the TDS **by the 7th of the following month** in which the TDS was deducted.
For example, if rent is paid/due on **7th May**, then TDS deducted on that rent should be deposited by **7th June**.
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### 2. **As a landlord, what can you do if tenant deducts TDS but delays payment to the government?**
* **Check your Form 26AS regularly.** Form 26AS reflects all TDS deposited against your PAN. * If TDS is deducted but not deposited, it will not reflect in 26AS. * **Ask your tenant to provide you the TDS certificate (Form 16A)** as proof of deposit. * If tenant refuses or delays, you may:
* Remind them formally in writing. * If the issue persists, you can file a complaint with the Income Tax Department or seek legal recourse.
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### 3. **Is Form 16A required if you can view 26AS?**
* Form 16A is a **TDS certificate** issued by the deductor to the deductee. * While **Form 26AS provides proof of TDS deposited against your PAN**, Form 16A is an official certificate that the deductor should provide. * It’s good practice to obtain Form 16A because:
* It serves as formal proof of TDS. * Helps in your tax filing as you can claim credit for the TDS.
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### Summary
| Topic | Detail | | ---------------------------------- | --------------------------------------- | | TDS Deposit Due Date | 7th of next month after TDS deduction | | Tenant’s Obligation | Deduct, deposit TDS, issue Form 16A | | Landlord’s Recourse | Check 26AS, request Form 16A, follow-up | | Action if TDS not deposited timely | Reminder → Complaint to IT department |
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If you want, I can help draft a polite reminder letter/email for your tenant requesting the TDS deposit and Form 16A. Would that help?