We are paying Rent on which service tax has been added , whether we need to deduct TDS on Gross amount of rent inclusive of Service Tax or net amount of Rent exclusive of Service tax ?
We are paying Rent on which service tax has been added , whether we need to deduct TDS on Gross amount of rent inclusive of Service Tax or net amount of Rent exclusive of Service tax ?
example...?
Rent paid-1,00,000.
service tax to be charged @ 10.3% -Rs. 10,300
Tds to be deducted.... @ 10% if payee is individual or 20% for corporate assesse on 1,00,000(rent) and not 1,10,300(rent+service tax)
"
kkkk...but as in your example rent < rs.120000..
So,accordingly should it be considered for TDS...???
what we discussed is rent above 10 lacs p.a for which service tax is applicable on that whether tds is inclusive of service tax or excluding the same.In such cases the answer is TDS without service tax.If the rent does not cross the threshold limit of Rs 1,20,000 p.a you need not deduct tax
"
example...?
Rent paid-1,00,000.
service tax to be charged @ 10.3% -Rs. 10,300
Tds to be deducted.... @ 10% if payee is individual or 20% for corporate assesse on 1,00,000(rent) and not 1,10,300(rent+service tax)
"
kkkk...but as in your example rent < rs.120000..
So,accordingly should it be considered for TDS...???
Neha Jain
what we discussed is rent above 10 lacs p.a for which service tax is applicable on that whether tds is inclusive of service tax or excluding the same.In such cases the answer is TDS without service tax.If the rent does not cross the threshold limit of Rs 1,20,000 p.a you need not deduct tax
As per CIRCULAR NO. 4/2008, DATED 28-4-2008 og IT Act, it has been clarified by CBDT that "Service tax paid by the tenant doesnt partake the nature of income of the landlord. The landlord only acts as a collecting agency for Government for collection of service tax. Therefore it has been decided that tax deduction at source (TDS) under sections 194-I of Income-tax Act would be required to be made on the amount of rent paid/payable without including the service tax. "
So TDS s to be deucted only on the pure amount of rent excluding service tax.