Is tenant need to pay tds for rent 25000 per month?

TDS 1635 views 10 replies

Hi All,

We have a shop in my mother's name, and one person rented it for 25000 per month, so yearly it is 300000, Does the tenant need to detuct TDS from the rent?

what is the limit for a female income which we don't need to detuct TDS?

 

Replies (10)

no need to deduct tax in this case as the minimum rental for which TDS is attracted is Rs 50000 per month

Thank you kaushik, 

I saw this in income tax sight,

 https://www.incometaxindia.gov.in/Tutorials/TDS-Rent-194I-194C.pdf

The person (not being an Individual or HUF) who is responsible for paying any income to resident by way of rent is liable to deduct tax at source in case the aggregate of the amount of such income credited or paid or likely to be credited or paid during the financial year by the aforesaid person to the account of, or to payee exceeds Rs. 1,80,000/-. Individuals and /or HUFs who are subject to tax audit are also under an obligation to deduct the tax at source. The limit of Rs. 1,20,000/- was enhanced to Rs. 1,80,000/- w.e.f. 1.7.2010.

I'm really confused here, can you please explain?

I also see this,

S. No Nature of Payment Rates of tax deduction
1 Rent of plant and machinery                                         2%
2 Rent of land or building or furniture or fitting                                     10% (5% if rent exceeding Rs 50,000 / month is paid by                                              individual/HUF who are not liable for tax audit)

Did he really have to detuct TDS amount from the rent(25000 Per month? If so, then what is the percentage of TDS?

 

Tenant need to deduct tds (Audit case) otherwise not required
Originally posted by : Jatin
Tenant need to deduct tds (Audit case) otherwise not required

Please be updated on latest amendemnts.  Even in residential tenancy cases, if the monthly rent exceeds Rs 50000/- TDS is applicable

Thank you very much!

Is that percentage is 10%?

1.  The 10% TDS applies only in audit cases.

 

2.  The 5% TDS applies (regardless of audit or not) only in cases where the monthly rent is above 50000/-

 

I hope this clears your doubt.

Thank you Kaushik,

Audit cases means? 

If that is residential rent then tenants have to deduct tds @ 5% in case of Rs. 50000/- PM rent.... Recently introduced this... Earlier in case of residential rent no tds..... In case of commercial rent if tenant is proprietorship and if his turnover is more than Rs. 1 crore then his books of accounts is subject to tax audit by a CA then he has to deduct tds in case of rent if yearly exceeding Rs. 180000/-.. @ 10% under section 194I.....Later when u filed ur ITR u get tax credits for that tds deduction on ur rent.... I think u r receiving resident rent... So no tds on less than Rs. 50000/- month.... So don't worry
Sorry this is for both the property commercial as well as residential property... Limit of Rs. 50000 under section 194IB is recently introduced for individual and huf who paying rent more than Rs. 50k but his accounts are not subject to tax audit because of his turnover less than prescribed limit in case of business 1 crore or 2 crore
I endorse Nikhil sir's view


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