- 1 What is Section 194I?
- 2 Why TDS u/s 194-I is introduced?
- 3 What is the Meaning of ‘Rent’ in reference to Section 194I?
- 4 What Payment is Covered u/s 194I?
- 5 What is the Point of Deduction of TDS?
- 6 No deduction or Deduction at Lower Rate under Sec. 197
- 7 What is the time limit on depositing TDS?
- 8 Under what circumstances TDS u/s 194I is not deductible?
- 9 Consequences of non-deduction/non-payment of TDS
- 10 Issue of TDS certificate to the payee
What is Section 194I?
Any person who is not an individual or HUF, who is paying any income to the resident by way of rent is liable to deduct tax at source or TDS on rent only in case the aggregate of the amount of such rent is credited or paid or likely to credited or paid during the financial year by the aforesaid person to the account of, or to payee exceeds Rs. 2,40,000/-. Individuals and /or HUFs who are subject to tax audit are also under this obligation to deduct TDS.
Why TDS u/s 194-I is introduced?
The Finance Act, 1994 inserted Section 194I, regarding deduction of tax from payment of rent. The Government felt that an item of income that needs to be covered within the scope of deduction of income-tax at source is the income by way of rent.
In other countries as well, such income is subject to deduction of income tax at source
What is the Meaning of ‘Rent’ in reference to Section 194I?
‘Rent’ means any payment, by whatever name called, under any lease, sub-lease, tenancy, or any other agreement or arrangement for the use of (either separately or together) any:
- land or
- Building (including factory building) or
- Land appurtenant to a building (including factory building) or
- Machinery or
- Plant or
- Equipment or
- Furniture or
whether or not any or all of the above are owned by the payee. Sub-letting is also covered.
If the landlord collects security or advance payment at the time of letting out a building to a tenant on the condition that the deposit will be refunded at the time of vacating the building, then such a receipt is not in the nature of income and, therefore, no tax is to be deducted at source u/s 194I.
However, advance rent (not in the nature of refundable security deposit) paid is, subject to a tax deduction. Moreover, where any such rent is credited to ‘suspense account’ or to any other account shall also be liable to deduct tax at source.
What Payment is Covered u/s 194I?
1.Income from letting out of factory building
Where a factory building is let out, the rent received generally is income from business in the hands of the lessor or the owner of the factory. Only in a few cases, it is income from property in the lessor’s hands.
But such payment also, which is business income in the hands of the lessor and for which he will necessarily be paying advance tax and finally be returning the rental income, will be subject to tax deduction at source or TDS.
This is an unnecessary burden on both taxpayer and the tax administrator because the collection of tax will take place as TDS from the lessor without much delay.
2. Rent includes service charges
Service charges payable to business centers are covered under the definition of rent, as they cover payments by whatever name is called.
TDS requirement where building and furniture, etc., let out by separate persons
In the case where a building is let out by one person and furniture and fixtures are let out by another person, then the payee is required to deduct tax under Sec. 194I only from the rent paid/credited for the hire of the building.
3. TDS requirement where rent is not payable on a monthly basis
Sec. 194I does not mandate that the tax deduction should be made on a month-to-month basis.
Therefore, if the crediting of the rent is done on a quarterly basis, the deduction at the source will have to be made on a quarterly basis only. Where the rent is paid on a yearly basis, deduction also will have to be made once a year on the basis of the actual payment or credit.
4. Charges regarding cold storage facility
In the case of cold storage where milk, ice cream, and vegetables, are stored, the payment may be styled as charges for use of plant and not for use of the building. Cold storage is a plant.
Hall rent paid by an association for use of it
Since the association is assessed as an association of persons and not as an individual or HUF, the obligation of tax deduction will be there, provided payment for the use of hall exceeds Rs.2,40,000 from FY 2019-20 onwards (earlier it was Rs.1,80,000).
5. Payments to hotels for holding seminars including lunch
Where hotels do not charge for use of premises but charge for catering/meal only, the provisions of Sec. 194I would not apply. However, Sec.194C would apply for the catering part.
What is the Point of Deduction of TDS?
Tax is required to be deducted at source at the time of credit of ‘income by way of rent’ to the account of the payee or at the time of payment, thereof, in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier.
Rates of a tax deduction on rent
No deduction or Deduction at Lower Rate under Sec. 197
On application by the payee in Form 13, if the Assessing Officer is satisfied that this total income justifies no deduction of tax or deduction at a lower rate, he may issue a certificate in Form 15AA to that effect directly to the payer.
What is the time limit on depositing TDS?
Where the payment is made by or on behalf of the Government– On the same day (without using any challan form)
Where the payment is made in any other case then the Government– On or before 7 days from the end of the month in which deduction is made, where tax is paid accompanied by an Income-tax Challan
- If the amount is credited or paid in the month of March– On or before April 30
- In any other case– On or before 7 days from the end of the month in which the deduction is made.
Under what circumstances TDS u/s 194I is not deductible?
- No tax is required to be deducted in case the amount of rent due or paid does not exceed Rs.2,40,000
- The deduction is not required under Sec. 194I when the rent is due or paid by an Individual or HUF not carrying on a business that is audited under income tax law.
- In the case of a film exhibitor and film distributor contract, the share of the exhibitor is on account of composite services. The distributor does not take cinema buildings on lease or sub-lease or tenancy or under an agreement of similar nature. The payment made is not rental in nature.
- A person making payment to Government is not required to deduct tax at source under Section 194-I. The payments made to statutory authorities and local authorities are exempt from tax and hence not tax-deductible.
Consequences of non-deduction/non-payment of TDS
A taxpayer who is liable to deduct TDS will be liable to pay interest @ 1% per month from the date when tax is deductible till the date when tax is deducted. A taxpayer who has deducted tax but not deposited the same to the government is liable to pay interest @ 1.5% per month from the date when tax is deducted to the date of deposit of the TDS. Click here to know more about the deposit of TDS and quarterly returns of TDS and penal implications for TDS defaults.
Issue of TDS certificate to the payee
In case of payments other than salary, TDS certificates are to be issued on a quarterly basis in Form No.16A. As per rule 31, every person responsible for deduction of tax from payments other than salary has to issue a quarterly TDS certificate in Form No. 16A. The certificate is to be issued by the following dates:
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