Payment of Rent by the firm on behalf of the partners - TDS?

Applicability: Asst Yr 2011-12 (Accounting 2010-11)

Lessors are 3 equal joint owners of a property;

Lessees are 2 Individuals;

Rent payable is 13000/- to EACH of 3 JOINT OWNERS (i.e 13000/- * 3 = 39000/- p.m)

At a later stage, the said Lessees formed a partnership firm and are conducting business in the above rented property.

Now, the payment of rent is made from the firm.

Queries:

1) is TDS applicable in such cases (where the firm is not the original tenant)

2) Even if TDS is applicable, is threshold limit of 180K per recepient of Rent bars from making TDS


Thanks and regards in advance

Replies (1)

Dear Sir,

I am interested to know whether "Partnership Firm" is claiming these Rent payments as "expenses"

I m aware that TDS rules casts the responsibility of Deduction on the "PAYER" & has nothing to do whether the said payment is being claimed as expenses or not. But the peculiar relation between partner & partnership firm makes it necessay to look into the deatils whether payment was made against expenses or against the personal drawings of the partners.

1) Yes, TDS will apply if Firm will be claiming it as expenses.

2) Yes, the limit specified u/s 194I should be linked with each co-owner separately.(i:e per receipient ) & hence TDS is not required.

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details
Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
Featured 11 September 2026
Audit Executive

RBSM Corporate Advisors Private Limited

Pune

CA

View Details
Company
22 September 2026
Account Assistant

Chirag P Shah & Co. Chartered Accountant

Pune

B.Com

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details