TDS on Service Tax

TDS 4704 views 28 replies

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 ?

Thanks & Regards

P. Raja

Replies (28)

I think there is a circular for this in my view this tds is without service tax.please wait for others to give their views on the same

it will only be deducted on rent and not service tax

net amount of rent.....................

 

Originally posted by :P. Raja
" 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 ?

Thanks & Regards

P. Raja
"


 

Plz..can anyone make it clear by an example....

example...?

Rent paid-1,00,000. (per month)

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)

Originally posted by :Trinath
" 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

my example is for one month of rent.

ya if rent per anum is less than 1,20,000  it need not be considered for tds

Originally posted by :neha jain
"


Originally posted by :Trinath


"
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...???
"

 

 

hope u r clear now???!!!

Originally posted by :sivaram
" 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
"


 

Thanxs...

In case of rent u/s 194-I, tds is to be calculated on rent exclusive of service 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.

what in case of Service Tax on Professional Fees?

e.g. Professional Fees is Rs.50,000/- P.M.

& service Tax is Rs.5,150 (Including EC & HEC)

On What amount TDS should be deducted?

whatever it may be dear suhas.

TDS need not be deducted on service tax as it doesn form part of income of the service provider.

so tds is only on 50,000.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register