TDS on rent under Section 194 IB

TDS 411 views 6 replies

Under Section 194 IB, any individual paying rent exceeding Rs 50,000/- per month, has to deduct and deposit TDS @ 5% thru' Form 26QC. 

My query is in 2 parts:

1)   Does the tenant have to deduct TDS, if the rent is Exactly Rs 50,000/- per month? (The act says "exceeding Rs 50,000/-", but some experts have opined that rent at exactly Rs 50,000/- p.m. also will be liable for TDS)

2) If for 6 months of the FY, Rent is Rs 45,000/- p.m. (Rs 270,000/- for 6 months),

and, for the remaining 6 months it is Rs 51,000/-p.m.  (Rs 306,000/- p.m.), 

making a total of Rs 576,000/- for the year, would the tenant need to deduct and deposit TDS?

Appreciate guidance.

Replies (6)

Dear Sir, TDS under section 194IB is applicable only if the rent payment exceeds Rs 50,000 in a month. The section is specific about the rent being monthly, hence averaging the yearly rent is not a right procedure.

You are liable to deduct and remit TDS only when the rent exceeds Rs 50,000. In the scenarios you have mentioned, you have to deduct TDS for the period of 6 months when the RENT is Rs 51,000.

Please note that the rate of deduction is 2% under section 194IB from October 2024. Rentals upto 30th September 2024 shall be deducted at 5%.

Hope this clarifies.

Thank you very much for your response. This makes perfect sense. Thank you.

Thank you Sir.

Just one clarification, since the TDS rates are 2% wef 1 Oct 24, and 5% before that, what is the rate of deduction that has to be mentioned in Form 26QC. (In the Form, there is no provision for showing 2 rates of TDS)?

Thank You Sir for your prompt and detailed reply. Clarifies the confusion I had. 


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