What would be the rate of deduction of TDS for payroll processing charges to be paid to an outsourced consultancy firm. Would deduction be under Sec 194C or 194J??. Pls suggest.
Sec 194C(1) : Any person responsible for paying any sum to any resident contractor for carrying out any work (including supply of labour for carrying out any work) in persuance of a contract between a specified person and the resident contractor is required to deduct tax at source.
Sec 194J : Professional services means "services rendered by a person in the course of carrying on a legal, medical, engineering or architectural profession or the profession of [b]accountancy[/b] or technical consultancy or interior decoration or such other profession as notifed"
Conclusion: Payroll processing do not involve supply of material or labour but it requires rendering combined pofessional services of accountants, software professionals. Hence liable to be deductged U/s 194 J @ 5% +SC+cess
When you deal wih TDS, you should take the decision with caution. Please note, some one has written to you that it is u/s. 194C and the another freind has written that it is u/s. 194J.
To be safe from litigation at later stage, you deduct TDS u/s194J. Suppose, if you deduct the TDS U/S. 194C & assuming that, at later years, department proves that it should be u/s. 194J, your expenses will be dissallowed under section 40(a)(ia) for the short payment of TDS u/s.194J for that year, which will be a big financial loss.
Further, if you deduct at higer side (in case of doubt/confusion only) (i.e. 5%+ s.c.+cess instead of 2%+s.c.+cess), neither you nor deductee will loose any thing.
Hence, I request you and all to deduct the TDS at higher rate,specially in case of doubt & confusion, to avoid litigation and dissallowance.
We are engaged in Telecom Services. We are having MOU with one LTd company to provide Internet service which cost us Rs.1.50 lacs per month.
Is the Internet Service comes under Technical Services U/s. 194 J? Is it necessary to deduct TDS?
Since Individual Income Tax liability isconsiderably reduced in 2008-2009, are there any changes proposed for TDS rates as well as threshhold amount...?