sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Latest Expert Exchange
News Headlines »
 Companies (Appointment and Qualification of Directors) Sixth Amendment Rules, 2018.
 Easier tax refund regime for exporters in the works
 Income tax on your gold and real estate investments
 Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117(1A) of the Central Goods and Service Tax Rules, 2017 in certain cases
 How RBI dealt with the crisis amid tensions with FinMin
 Pay tax on this PF account withdrawal Income tax return (ITR) filinga
 Seeks to make amendments (Ninth Amendment, 2018) to the CGST Rules, 2017.
 How govt is dealing with tax evasion, corporate fraud
 How to check income tax return (ITR) status
 Second instalment of advance tax due on 15 September
 Missed the deadline for filing India ITR? Here is what you can do

How to get the basics on TDS right
January, 17th 2007

Most individuals are concerned about the extent of tax that has to be paid on income earned. This tax has to be paid at either of the two stages that are outlined under the Income-Tax Act. The first stage is at the time of payment, when a part of the amount is deducted at source and hence, the receiver gets only the net amount.

The second stage depends upon the receiver of income who decides to pay either an advance tax or a self-assessment tax and this completes the tax payment requirements. There is a tax deducted at source (TDS) provision for income received by professionals. Lets examine how this operates.

Income from profession

When professionals receive income from several sources, tax is deducted at source on the amount received. Several conditions have to be fulfiled for the tax to be deducted. The first point to note is the type of entities or individuals who have to undertake the required TDS. This takes place only when fees for professional services are paid to a resident.

The main question at this stage is about who has to deduct the tax. This depends upon who is the payer of the required amount. In this case, individuals and Hindu Undivided Families (HUFs) do not have to deduct tax at source for professional fees if their books are not required to be audited under the provisions of law. Hence, someone who has no professional income above Rs 10 lakh does not have to deduct tax at source when paying professional fees.

Another distinction has to be made when payment is made by an individual or an HUF when their books are audited. If the payment by such a person is for personal purposes, there is no TDS; the deduction occurs only when the payment is not for personal purposes. Other entities or persons deduct the necessary tax.

Payment details

There are two angles to TDS. First concerns the accounting for the tax deducted and the payment for this to the government. Second relates to the role played by the receiver of money after deduction of tax. The amount received is a net figure, but in various tax calculations, the gross income has to be considered and then accounted for TDS. The deduction of tax in such a situation is made at 5% plus surcharge and cess, and this is the figure to be used for various calculations. By checking this figure, the receiver can find out whether the deduction has been made or not.
 
The limit

The key point here is to determine the limit above which the actual deduction takes place. The annual limit for deduction is Rs 20,000 in terms of fees for professional payment. This is not a one-time payment limit, but is a limit for the sum of all payments received during the year.

Thus, if there are payments for professional work amounting to Rs 10,000 and Rs 5,000 on two occasions during a year, there is no need for TDS on the payments. However, if there are payments of Rs 10,000 and Rs 15,000 during the year, then TDS will come into the picture because the total payment exceeds Rs 20,000.

The composition of the amount eligible for deduction includes the amount of fees for professional services and not reimbursement of expenses. Hence, there has to be a clear distinction between the fees and the expenses reimbursed, else TDS will be incurred on the entire amount.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2018 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Contact Us

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions