Salary/remuneraion to wkg. director tds u/s. 192 or 194 (j)

TDS 6529 views 6 replies

A Private Ltd. Co. paying  monthly salary to its 3 working Directors and have been deducting TDS u/s. 192 as per slab rates and paying TDS/filing  TDS returns !

Now I have referred to a article in the CA Club wherein I understood that on Directors remuneration falls under TDS u/s. 194 J.  (TDS10%). Is it true ?

If  yes then, since when this change is applicable?  Are the Directors liable for Tax audit for earning Salary/Directors remuneration ? Kindly advice please !

Valerian Dsouza

Replies (6)

 Sec. 194J (ba) provides that 'any remuneration or fees or commission by whatever name called, other than those on which tax is deductible under sec. 192, to a director of a company' shall liable to deduct @ 10% tds.

Sec. 194J (ba) only apply where tds is not deducted under sec. 192 i.e. in case of remuneration to non executive director.

Please refer Memorandum of Direct Taxes of Finance Bill, in which it has been clearly stated:  

"Under the existing provisions of the Income-tax Act, a company, being an employer, is required to deduct tax at the time of payment of salary to its employees including Managing director/whole time director.

However, there is no specific provision for deduction of tax on the remuneration paid to a director which is not in the nature of salary.   I

t is proposed to amend section 194J to provide that tax is required to be deducted on the remuneration paid to a director, which is not in the nature of salary, at the rate of 10% of such remuneration.    

This amendment will take effect from 1st July, 2012."   Director Remuneration is not covered under Sec 194J

Thanks//Vaibhav
 

Salary to WTD/MD/ED will attract 192.

Remuneration to Part time directors -- section 194J.

No doubt about that.

Originally posted by : Dipjyoti Majumdar

Salary to WTD/MD/ED will attract 192.

Remuneration to Part time directors -- section 194J.

No doubt about that.

Agreed

Originally posted by : @ VaibhavJ




Originally posted by : Dipjyoti Majumdar






Salary to WTD/MD/ED will attract 192.

Remuneration to Part time directors -- section 194J.

No doubt about that.

Agreed

Originally posted by : Valerian Dsouza


A Private Ltd. Co. paying  monthly salary to its 3 working Directors and have been deducting TDS u/s. 192 as per slab rates and paying TDS/filing  TDS returns !

Now I have referred to a article in the CA Club wherein I understood that on Directors remuneration falls under TDS u/s. 194 J.  (TDS10%). Is it true ?

If  yes then, since when this change is applicable?  Are the Directors liable for Tax audit for earning Salary/Directors remuneration ? Kindly advice please !

Valerian Dsouza

Please tell me about the any requirement of submission of form to ROC for appointment of Whole time director or Executive director for availing the benefit of TDS deduction U/s 192 instead of U/s 194 J.

 


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