Form 26QC - Amended TDS rates

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Dear Sir/ma'am,

This is regarding filing of Form 26QC which is challan cum return used to report TDS on rent payments.

As per 194 IB (TDS on rent to resident exceeding INR 50,000), the rate of TDS was 5% and subsequently based on the amendment TDS rate is reduced to 2% effective from October 01,2024,

Since the act allows tds to be deducted in the end of the year and remit, we filed form 2 different 26QC's one with 5% TDS rate till September 30,2024 and another with 2% TDS rate from 1st October 2024, both in March 2025.

On donwloading form 16C, TDS is automatically getting computed at 2%. We were told by the department that this is because the date of payment or credit mentioned in the 26QC for both TDS @ 5% and TDS @ 2% is March 01,2025. 

We were giving the resolution to correct the TDS return and enter date of payment or credit as September 30,2024 for deducting TDS @ 5%. If we do that, we will be under default for not filing TDS return within 30 days,

The other option given was to claim a refund of the remaining paid amount by considering TDS for entire year at 2%. This doesn't safeguard us from future demands.

If anybody has a solution to this, or a different apporch or stance taken, please let me know at the earliest.

 

  

Replies (1)

You've encountered an issue with filing Form 26QC, which is used to report TDS on rent payments.

The problem arises from the change in TDS rate from 5% to 2% effective October 1, 2024.

Since you filed two separate Form 26QCs in March 2025, one for 5% TDS rate till September 30, 2024, and another for 2% TDS rate from October 1, 2024, the system is automatically computing TDS at 2% while downloading Form 16C.

The department's suggested resolution is to correct the TDS return by entering the date of payment or credit as September 30, 2024, for deducting TDS at 5%.

However, this would put you in default for not filing the TDS return within 30 days. Another option provided is to claim a refund of the remaining paid amount by considering TDS for the entire year at 2%. Nevertheless, this approach doesn't safeguard you from future demands.

Possible Solution: 1. *Re-file Form 26QC*: Consider re-filing Form 26QC with the correct date of payment or credit to avoid any potential penalties.

 2. *Claim Refund*: If you've already paid the TDS, you can claim a refund for the excess amount paid.

3. *Consult a Tax Professional*: It's recommended to consult a tax professional or chartered accountant to ensure you're in compliance with the tax regulations and to explore other possible solutions.

 Important Notes: - *Due Date*: The due date for filing Form 26QC is within 30 days from the end of the financial year or from the date the property is vacated or the rental agreement is terminated.¹ -

 *TDS Rate*: The TDS rate on rent payments has been reduced to 2% effective October 1, 2024


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