TDS on interest amount

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I'm given some amount to my friend through banking channel and I'm getting interest every month from him since May 2024.My friend is not deducting TDS in interest amount.I will show that whole interest income in my upcoming IT returns.

Is it compulsory to deduct TDS?Is it legal or not ?If it is illegal,is there any alternative solution?

 

Replies (6)
Quick Summary
TDS is not applicable on interest paid on a personal loan given to a friend for house construction. The lender must declare interest income in ITR. Borrower may claim interest deduction under Section 24(b) if conditions are met, but principal repayment deduction under 80C is not allowed for private loans.

What is your friend is doing? purpose of loan taken?

He is a business man.For construction of his house,he taken some amount from me.

If he has used the amount for his personal use, he is not liable to deduct TDS on interest.

  • Is TDS compulsory? No, for a personal loan, TDS deduction is not required.
  • Is it legal? Yes, it is legal as long as the interest income is declared in your ITR.
  • Alternative solution: If it were a business transaction, you might need to deduct TDS, but for personal loans, there is no such requirement.

In your case, as long as the interest income is reported in your ITR, the transaction remains legal and transparent.

Thank you for your reply.

As I'm already said,my friend taken that amount to construct his house and he wants to earn rental income on that property.After getting rents,Is it possible to claim principal and interest amount part deductions in his ITR as like home loan taken from financial institutions?At present he is in old tax regime.

Since your friend has taken a loan from a private source (not a financial institution) for constructing his house, the tax treatment may differ from a typical home loan taken from a recognized financial institution.

Interest Deduction:Under Section 24(b) of the Income Tax Act, interest on a home loan is deductible up to ₹2 lakhs per year if the loan is taken for acquiring or constructing a house. There is no explicit restriction that the loan must be from a financial institution.Proving that the loan was genuinely taken for the purpose of house construction and that interest is being paid, he may be eligible to claim the interest deduction.

Principal Repayment Deduction:Under Section 80C, deductions for the repayment of the principal on home loans are allowed only when the loan is taken from specific institutions, such as banks, financial institutions, or government bodies. Loans from private individuals or friends do not qualify for this deduction.

Given that your friend is currently under the old tax regime, he may claim the interest deduction on rental property (Section 24(b)), but not the principal deduction unless the loan was from a recognized institution

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