Sir if a director is owner of the company , then do company can deduct tds under section 194j ?
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Replies (4)
Quick Summary
This discussion clarifies whether a company can deduct Tax Deducted at Source (TDS) under Section 194J when paying remuneration to a director who is also a company owner. The consensus is that a company, being a separate legal entity, can deduct TDS under Section 194J for director remuneration, as the director acts in their official capacity. It also touches upon TDS under Section 192 for salary payments and the implications of PF/ESI non-compliance on TDS filing in Form 24Q.
Yes.. Company is a separate legal entity.. Secondly Director is performing Duty in the capacity and Director and not in the capacity of Shareholder.. So when Director Remuneration is paid to a Director (Shareholder acting in the capacity of Director) provisions of 194J would apply.. Further when Dividend is Paid He will receive in the Capacity of Shareholder..
Any remuneration or feeor commission by whatever named called, other than those on which tax is deductible under section 192, to a director of a company shall liable to be deducted @ 10%.
Is that any condition if owner is director then May I deduct tds 194J ? . One more query If company is not registered any pf or esi compliance.Can company deduct tds 192 section ? In form 24q if company gives salary to employees as well as director who is also owner and company is not registered in stock exchange then company can filled 24q ?