TDS and GST ITC on Membership fees to club

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Hi Sir

A Company is paying membership fees to a club for recreation of employees

Is it require to deduct TDS on Membership fees

Can we claim ITC on Membership fees

Thanks 

Replies (3)
Quick Summary
The discussion clarified that TDS is generally not applicable on club membership fees paid for employee recreation. It also explained that GST ITC is usually not available on such expenses, as they are treated as personal or recreational in nature.

To determine if TDS (Tax Deducted at Source) is required on membership fees paid to a club for employee recreation and if ITC (Input Tax Credit) can be claimed:

TDS Applicability As per the Income Tax Act, 1961:

1. _No TDS on membership fees_: TDS is not applicable on membership fees paid to a club for employee recreation, as it is not considered a payment for a "work" or "service" under Section 194J. ITC

Eligibility As per the GST Act: 1. _ITC not eligible_: ITC is not eligible on membership fees paid to a club for employee recreation, as it is considered a "personal use" expense and not a "business use" expense under Section 17(5) of the CGST Act.

 However, there's an exception: 1. _If membership is for business purposes_: If the membership is primarily for business purposes, such as entertaining clients or promoting business relationships, ITC might be eligible.

To illustrate: - _Membership fees_: ₹50,000 per annum - _TDS applicability_: No TDS required - _ITC eligibility_: ITC not eligible (unless membership is for business 

A COMPANY IS PAYING MEMBERSHIP FEESVL TO CLUB. 

TDS IS NOT APPLICABLE.

BUT IF TDS IS DEDUCTED BY DRFAULT, IT MUST HE DEPOSITED.

TDS on club membership fees: Section 194J applies to fees for professional or technical services. Membership fees to a club are not a payment for a service rendered to you ,  they are a subscripttion. So TDS under Section 194J does NOT apply on club membership fee payments.

GST ITC on membership fees: This is where it gets restrictive. Section 17(5)(b) blocks ITC on the following:
- Membership of a club, health and fitness centre
- Accommodation, food and beverages (unless specifically for resale or in the business of providing such services)

So if your company is paying a club membership for employees, GST ITC on that input is blocked. No credit can be claimed even if a valid GST invoice is received.

Exceptions exist only if you are in the business of providing such club or hospitality services yourself (e.g. a hotel or club operator).

For the full list of blocked ITC categories and any workarounds, this [TDS compliance guide](taxgarden.in/blog/tds-filing-services-india-forms-due-dates-penalties-2026) covers TDS section-wise applicability with practical examples.

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