Tds on rent payment

Respected Sir,

I need your clarification on TDS and Tax.

'A' is an NRI. He has a property in India rented to a Bank. He has given Power of attorney to his Mother in India to carry out all transaction in India on his behalf. As power holder she entered into rental agreement with the Bank and received Rent deposit in her name.

Now the Bank informed that the Monthly rent will be issued in the name of  'A' after deducting TDS @ 30% being NRI.

But as Powe holder  and party to the rental agreement the Mother asks the bank to pay the monthly rent to her bank account or to the joint Savings Bank  account with her Son (the principal) after deducting 10% TDS.

Is it possible? Kindly clarify the legal position in this regard.

Thankyou

 

Thennarasu j

 

Replies (3)

Since the property is in the name of A, A should be the recipient of rent and not the POA holder. Hence the bank has intimated correctly. 

An nro a/c can be opened in A's name jointly held by his mother. Mother cannot claim the rent in her name. It can only be routed through nro a/c. 

Thank you for your clarification. But I want to know is there any possibility of  getting rent after deducting TDS @ 10% instead of 30%.

A is holding PAN and his mother (POA) is also holding PAN

Kindly clarify.

Thennarasu J

No. However excess tds can be claimed as refund by filing ROI for that fy by Mr A.

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