TDS on commission

TDS / TCS 1048 views 6 replies

I pay comm to various distributors. When making payments ill deduct TDS and make the payments. I also give them something in form of gifts under certain conditions like sales target, revenue etc., The following are my questions

 

1. Do i have to deduct TDS on the gift component also ? ( The value of gift is less than 5000 per gift)

2. Due to some reason if the gifts are given to the same person in different months and its value has gone more than 5000 what is that need to be done as per TDS sections 

 

Would appriciate if the replies also has some case laws to support. This will have big impact on business based on the solution given.

 

Replies (6)

Yes, Payment neednot always be in monetary form but can also be in the form gifts. Hence, you need to deduct tax on such non monetary amoutn also.

 

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Thanks for your reply. I Just wanted to knwo whn we have to deduct???

tds is not to be deducted on gift

however the value of the gift should be recorded in ur distributors books and he should be liable for the self assessment tax as the gift you are giving is in direct nexus for the distributors.

agree with viral

I think TDS won't be deducted on Gift..............

yes Mr. Viral is right no TDS deduction on gift.


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