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Applicability of TDS

Applicability of TDS

Salary income

On the Salary of the Individual the employer deducts TDS on total income of the individual; including income other than his salary after taking into account all deductions and exemptions.
TDS rate salary income is applicable for an individual income and deductions of his total income.
Interest income
TDS is deducted by banks on FDs and RDs if the interest exceeds Rs 10,000 a year. TDS does not end tax liability. Someone in a higher tax slab will need to pay additional tax.
TDS rate on Interest Income is 10% of the income of the individual if PAN is submitted by the individual to the bank, otherwise 20% of his income.
EPF withdrawals
EPF means Employee Provident Fund and if any employee withdraws before five years of service then TDS should be deducted. However, no TDS on EPF deducted on withdrawals of less than Rs 50,000 Earlier limit was Rs.30,000. After 5 Yrs. No TDS will deduct on EPF withdrawals.
TDS rate is 10% of the withdrawal if PAN has been provided. Otherwise, it is 30% of the amount of the employee.
It is not allowed to submit Form 15G and Form 15H  for NRIs and TDS is mandatory on all incomes. In a case of resident Indians, TDS strikes only if interest exceeds Rs 10,000 a year.
Non – Applicability
TDS can be avoided by submitting Form 15G or 15H. Form 15H is for senior citizens and they can submit if there is no tax on total income. Form 15G is for everybody else and they can file if the tax on total income is nil and total interest income is less than the basic exemption limit except NRIs.
TDS Certificates
Form 16
Form 16 is your salary Tax Deducted at Source certificate issued by the employer deducting the tax while making payment to an employee. If an employer deducts Tax Deducted at Source on salary as per the Income tax rules of India then he must issue Form 16.
Form 16A
Form 16 is a TDS Certificate which declares or certifies TDS amount deducted and deposited on all other payments except salary.
Tax Deducted at Source on salaries is deducted at the average rate of estimated income (as per the Slab rates), TDS on interest, Rent etc. is to be deducted at the rates specified by the government.
All details that are there in Form 16A are available on Form 26AS. This can be used to file your return. But the same is not in the case of Form 16. All the Details of Form 16 that are available in Form 26AS is only deducted by the employer.
Form 26AS
Form 26AS is a consolidated annual tax credit statement issued under Rule 31AB of Income Tax Rules to PAN holders. This statement with respect to a financial year will include details of:
1.      All financial transactions involving TDS/TCS.
2.       Tax payment under Challan 280 for
•       Advance Tax paid in quarterly installments; or   Self-Assessment
•       Self-Assessment tax paid under regular assessment at the time of return filing.
1.      Details of Refund and interest thereon paid to the assesse by the Income Tax Department.
2.      Details of Annual Information Report Transactions.
3.      TDS deducted on sale of immovable property (both for buyer & seller)
4.      Verification of Corporate Identity Number in Non-TDS payments   due dates
Requirement for deducting TDS
Under the Section of 206AA, if PAN No. is not furnished by the taxpayer then the withholding tax rate would be at 20% or at the rates in force or whichever is higher. PAN is not mandatory for the Non-residents where taxes have been deducted.
Penalty for Late Filing of TDS Return
If the detector/collector does not file the return as per the due dates each quarter then there are monetary penalties for the taxpayer.
Section 234E-Levy of Fees
In case if you forget or delay the filing of your TDS return, a penalty of Rs. 200 per day will be charged on the detector for as long as the return is not filed.
Before the Tax Deducted at Source filing, such fee should be paid and it will be shown in the TDS return.
Section 271H-Penalty
Deductor has to pay a penalty of a sum not be less than Rs. 10,000/- which may extend to Rs. 1,00,000/- if
•       Period of non-filing exceeds one-year time limit to File Tax Deducted at Source Statement by the deductor
•       Wrong details like PAN,  Amount of tax, Payment of challan etc. by the dedector

There are certain provisions of Tax Deduction at Source are as follows:
1- File TDS on salary
When the employer pays salary to the employee, the employer is mandatorily required to deduct theTDS salary on under section 192 and the balance amount after the deduction of Tax Deducted at Source Is payable to the employee. The TDS on salary is always required to be deposited on the basis of the average rate of income tax of the taxpayer for that financial year.
2- File TDS on Rent
The TDS on rent is liable to be deducted from the period making the payment if the total amount which is to be paid during the year exceeds Rs180000 per annum. This limit of Rs 180000 per annum is per the taxpayer. Section 194I of the income tax act, 1961 specifies different rates of deducting the tax at source for different types of assets.
3- File TDS on Professionals
As per section 194J of the Income-tax Act, 1961, TDS on Professionals  is to be deducted at the rate of 10% on any amount that is to be paid to any resident as:
•       Fees for professional service
•       Royalty
•       Fees for technical services
•       Any sum referred in section 28
But some of the exceptions to section 194J are that:
Firstly, no tax should be deducted under section 194J if the amount paid or which is likely to be paid during the financial year doesn’t exceed Rs 300000.
Tax Deducted at Source is not liable to be deducted in case of individuals and HUF. But this exception won’t be applicable if the individual /HUF is liable to get his tax audit conducted under section 44AB.
4- File TDS on interest
Section 194A deals with the deduction of  TDS on interest other than interest on securities like interest on fixed deposits, interest on loans and advance other than banks. It is only applicable to a resident and is not applicable in a case when the payment of interest is to be made to a non-resident. Under this, TDS is to be deducted when the amount of such interest which is paid or credited or is likely to be paid or credited in a financial year doesn’t exceed:
•       Rs. 10,000 where the pay is
1.      Banking company or any bank or a banking institution
2.      A cooperative society engaged in the business of banking
3.      A post office (on deposit under the scheme framed and notified by the Central Govt )
4       Rs. 5,000 in any other case
5- File TDS from interest on securities Form 26Q
Section 193 is applicable on interest on certain specific securities from which Tax Deducted at Source is to be deducted at the time of payment or credit to the books of accounts whichever is earlier.
Any person who is responsible for paying the interest on securities to a resident has to deduct TDS at the rate of 10%.
In case you are confused about TDS Return Filing as a deductor, feel free to consult the experts at Legal Raasta. You can get comprehensive assistance with our TDS Return filling software which supports TDS on Salary payments Form 24Q, Rent, Interest, Commission and other Non-salary transactions ( Form 26Q), NRI ( Form 27Q) and TCS Form 26EQ

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