TDS on rent, security deposit and brokerage

Is the tenant liable to deduct tds on rent, security deposit payable to the landlord? If yes at what rate? Also whether tds should be deducted from the brokerage payable to the estate agent? If yes then at what rate? Please respond. Thanks 

Replies (7)
Quick Summary
TDS is applicable on rent paid to landlord under Section 194I/194IB if threshold is exceeded (generally 2% or 10% based on taxpayer status). Security deposit is not subject to TDS unless adjusted against rent. Brokerage paid to agents is taxable under Section 194H/194M at applicable rates.

Let's break down the TDS (Tax Deducted at Source) liability for the tenant:.

Rent Payments 1. *TDS Applicability*: Yes, the tenant is liable to deduct TDS on rent payments to the landlord, as per Section 194-I of the Income-tax Act, 1961.

2. *TDS Rate*: The TDS rate is 5% of the rent amount, if the rent exceeds ₹50,000 per month.

Security Deposit 1. *TDS Applicability*: No, TDS is not applicable on security deposits, as they are refundable and not considered income.

 Brokerage Payments to Estate Agent 1. *TDS Applicability*: Yes, TDS is applicable on brokerage payments to estate agents, as per Section 194H of the Income-tax Act, 1961.

2. *TDS Rate*: The TDS rate is 5% of the brokerage amount. Important Notes

 1. *Threshold Limits*: TDS is applicable only if the rent exceeds ₹50,000 per month or the brokerage amount exceeds ₹15,000.

2. *PAN Requirement*: The tenant must obtain the landlord's and estate agent's PAN (Permanent Account Number) to deduct TDS.

3. *TDS Return Filing*: The tenant must file TDS returns (Form 26Q) quarterly, providing details of TDS deducted and deposited.

4. *TDS Payment*: TDS must be deposited within the prescribed due dates to avoid interest and penalties. Please consult a tax professional or chartered accountant to ensure compliance with TDS regulations.

Rent provided for business purposes is applicable fir gst.

Tds on rentvis applicable

The amount given as a security deposit to the owner of an asset is not liable to TDS u/s 194I if such amount is refundable in nature. But when that amount of 'deposit' is adjusted against rent, it becomes liable to TDS u/s 194I. Payment made for renting a business center is liable to TDS under this section.

If you are an individual who is not liable to tax audit, rent exceeding Rs 50,000 per month attracts tds @ 2% u/s 194IB

Commission or brokerage exceeding Rs 50 lakhs in a year attracts tds @ 2% under Section 194M.

If your constitution is other than individual, ANNUAL rent exceeding Rs 2,40,000 attracts tds @ 10% u/s 194I

Commission or brokerage exceeding or likely to exceed Rs 50,000 attracts tds @ 2% under Section 194H.

In either case security deposit is not subject to tds.

2% or 5% for individuals not liable to Audit. Many told me it's 5%. Please clarify 

5% upto 30th september 2024. 2% from 1st October 2024 Archana.

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