TDS on Rent

I want to know the tds applicability on rent which i paid every month along with fixed amount of repairs. i am deducting TDS on Rent but not on repairs . please do let me know whether TDS should be deducted on repairs and maintenance as well.

Replies (3)
Quick Summary
This discussion clarifies the applicability of Tax Deducted at Source (TDS) on rent payments that include a fixed amount for repairs and maintenance. While TDS is typically deducted on rent under Section 194I, the applicability on repair costs depends on whether they can be segregated and if they fall under a contract like Section 194C. If repairs are a fixed, inseparable part of the tenancy agreement, they are generally considered part of the rent and subject to TDS under Section 194I.

Kindly clarify the amounts and nature of services alongwith type of invoices you get (consolidated or separately), whether you are in individual or firm or company?

TDS may be deducted for repair and maintenance if it comes under a contract u/s194C, provided a separate invoice is issued and threshold limit has been crossed.

Please look after the lease agreement if any..
There are certain abnormalities if it is a composite amount then the repairs undertaken cannot be seperately segregated from rent.

Like the agreement between the lessor and lessere needs to be investigated.

 

As per the definition of Rent, any amount paid in tenancy by whatever name called is Rent. So here as you said, your Repairs amount is fixed so it is nothing but Rent. So as per my opinion, TDS on both Rent and Repairs should be deducted under section 194I.

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