banner_ad

Tds implications on co lending activities of bank and nbfc

Others 708 views 2 replies
what are tds implications when a bank and a nbfc enter into a co-lending arrangement?
Replies (2)
The Council has asked the government to exempt tax deduction at source (TDS) on interest payment made to NBFCs. Under Section 194A of Income Tax Act, tax is required to be deducted at the rate of 10 per cent from interest paid to NBFCs, FIDC said.

Payment of interest requires withholding of tax in terms of s.194A.  No deduction however is required if payment is being made to a bank but deduction will be required for payment to NBFC.

While I don’t see any precedent as regards co lending arrangement as of now.  But how I look at the things is that co lending to priority sector happens with involvement of bank, NBFC and borrower in terms of RBI guidelines.  

However, RBI guidelines in respect of co lending arrangement provides for a common escrow account for pooling respective loan contributions as well as disbursal and also for appropriation of loan repayments. They also provide for entering into a Master Agreement to specify the manner of appropriation between co lenders.     If all installments are received in an escrow account, terms of escrow account agreement and master agreement between co lenders along side the agreement with the borrower could possibly determine what component that could be considered to have been paid to NBFC and subject to TDS.  

Author: Advocate Ravish Bhatt 
Gmail: ravishdbhatt @ gmail.com 
Link to Linkedln Profile: https://bit.ly/3IDGfsU


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 14 May 2026
CA ARTICLE

PRAVEEN GARG & CO

Faridabad

CA Foundation

View Details
Company
14 May 2026
ICSI Trainees for 21 Months and Semi-Qualified CS

CMNITY HIRE

New Delhi

Others

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
29 May 2026
Finance Head

Bhawar Sales Corporation

Chennai

Graduate (Any)

View Details
Company
22 May 2026
Audit assistant

Displayandbeyond

Mumbai

CA

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
Featured 26 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
18 May 2026
MIS Executive

Primarc Pecan Retail Limited

Mumbai

B.Com

View Details