Wednesday, June 10, 2015

RATES FOR TAX DEDUCTION AT SOURCE [AY 2015-16 & AY 2016-17]

TDS Rate Chart For AY 2015-16 & AY 2016-17. Tax is deductible at source at the rates given in table (infra). If PAN of the deductee is not intimated to the deductor, tax will be deducted at source by virtue of section 206AA either at the rate given in the table or at the rate of 20 per cent, whichever is higher. Further, under section 94A(5), if payment or credit is made or given to a deductee who is located in a notified jurisdictional area, tax is deductible at the rate given in the table or at the rate of 30 per cent, whichever is higher. TDS rates for the financial year 2015-16 are as follows

SectionNature of IncomeWhen to DeductRate of TDS
192SalaryMonthly- at the time of payment where estimated yearly net taxable salary exceeds tax free limitAs Per Income Tax Slab
192APayment of accumulated balance of PF, 1952 to employees ( wef – 1/6/15)when the amount of payment or aggregate amount of payment exceeds Rs. 30,000/10%
193*Interest on securitesAt the time of credit or payment, whichever is earlier, when the amount exceeds Rs 500010%
194DividendsBefore making payment to shareholder, other than dividend declared U/s. 115-0, when amount exceeds Rs. 2,500/-20%
194A**Interest other than interest on securitesAt the time of credit or payment, whichever is earlier, when the amount exceeds Rs. 5,000/-. However, limit is Rs. 10,000/- in case of interest credited by banks including co‑operative banks to its members.10%
194BWinning from lottery, crossword puzzles, card games, tv game showAt the time of  payment when it exceeds Rs. 5,000/-30%
194BBWinning from horse racesAt the time of  payment when it exceeds Rs. 2,500/-30%
194C***Payment to contractor / subcontractorAt the time of credit or payment, whichever is earlier, when the amount of a  particular contract exceeds Rs. 30,000/- or the total amount of contract during the whole year exceeds Rs. 75,000/-1% when payee is individual/ HUF, 2% when payee is other than Individual/ HUF
194DInsurance CommissionAt the time of credit or payment, whichever is earlier when the amount exceeds Rs. 20,000/-10%
194DAPayment under life insurace policy (including bonus)At the time of payment when the amount or the total amount during the whole year exceeds Rs. 1 ,00,000/-2%
194HCommission/ BrokerageAt the time of credit or payment whichever is earlier when the amount exceeds Rs. 5000/-10%
194IRentAt the time of credit or payment, whichever is earlier, when the amount exceeds Rs. 1 ,80,000/-10% – when rent is for land, building , furniture 2%- when rent is for plan, machinery, equipment
194JFees for technical services,Fees for professional services,Fees for non carrying out any activity related to business
For not sharing any know how, patent, copyright etc.
At the time of credit or payment, whichever is earlier, when the amount exceeds Rs. 30,000/10%
194IAPayment of transfer of certain immovable property other than agriculture landAt the time of credit or payment, whichever is earlier, when the land is situated in specified area when amount exceeds Rs. 50 lacs1%
194LBPayment of interest on infrastructure debt fund to non resident or foreign companyPayment of interest on infrastructure debt fund to non resident or foreign company5%#
194LBAPayment of distributed income to resident unit holder by business trustAt the time of credit or payment whichever is earlier10%
194LBAPayment of distributed income to non resident unit holder by business trustPayment or Credit5%##
194LBBPayments of distribution income to unit holders of investment fund ( wef 1/6/15)At the time of credit or payment whichever is earlier10%
194LCPayment of interest by indian company/ business trust for money borrowed in foreign currency under loan agreement or issuance of bondsAt the time of credit or payment whichever is earlier5%###
194LDPayment of interest on rupee denominated bond of indian company/ government securities to foreign institutional investor or qualified foreign investorAt the time of credit or payment whichever is earlier5%
206CCollection on Sale of bullion and JewelleryAt time of sale, if sale consideration is received in cash in excess of Rs. 2 Lacs1%

Notes
* Interest on securities covers interest on the following
  • ☻Any debentures of securities issued by local authority, central, state or provincial act.
  • ☻Debentures issued by companies-listed , unlisted debentures issued by company in which         public are substantially interested.
  • ☻Securities of central or state government.

** Interest other than interest on securites
  • ☻In case of interest payment on time deposits  by co-operative banks to its members the TDS     Provision is applicable from 1-6-2015

*** Payment to contractor / subcontractor
  • ☻A) From 01.06.2015 – If the payment is made to contractor/sub contractor in transport business, no TDS shall be deducted at source in the course of payment for plying, hiring or leasing goods carriages if the contractor provides PAN Number and such contractor owns ten or less goods carriage at any time during the previous year and furnishes a declaration to that effect. (WEF 01.06.2015)

  • ☻Up to 31.05.2015– No deduction shall be made from any sum credited or paid or likely to be credited or paid during the previous year to the account of a contractor during the course of business of plying, hiring or leasing goods carriages on furnishing of his Permanent Account Number, to the person paying or crediting such sum

# 194LB
  • ☻Surcharge, education cess and higher education cess shall be added to the TDS rate while       paying to non resident

When payment is made to person who does not furnish his PAN, TDS shall be deducted at the rate of higher of the following

  • ☻ The rate prescribed in the act
  • ☻The rate prescribed in the Finance act
  • ☻20%

Other Important Notes :
1. Under section 192 tax is deductible from salary. The payer shall calculate salary taxable in the hands of recipient. The amount so determined is subject to tax deduction under section 192. Undersection 195, tax is deductible only if income is taxable in the hands of recipient in India. In any other case, gross payment is subject to tax deduction.

2. In Category B, tax is deductible at the above rates or the rates specified in ADT agreements entered into by the Central Government under section 90 (whichever is lower) [section 2(37A)(iii)].

3. Tax is not deductible under section 193194194A, or 194EE if the recipient makes a declaration in Form No. 15G/15H under the provisions of section 197A.

4. Under section 197 the recipient can apply the Assessing Officer in Form No. 13 to get a certificate of lower/no tax deduction. This benefit is, however, not available if tax is deductible undersection 194B194BB194E194EE194F194-IA194LB194LC196B196C or 196D.

5. Royalty payable by Government or an Indian concern in pursuance of an agreement made by non-resident with the Government or the Indian concern after March 31, 1976, where such royalty is in consideration for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the first proviso to section 115A(1A) to the Indian concern or in respect of computer software referred to in the second proviso to section 115(1A), to a person resident in India.

6. Not being royalty of the nature referred to above, payable by Government or an Indian concern in pursuance of an agreement made by non-resident with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to matter included in the industrial policy, the agreement is in accordance with that policy.

7. Fees for technical services payable by Government or an Indian concern in pursuance of an agreement made by non-resident with the Government or the Indian concern and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to matter included in the industrial policy, the agreement is in accordance with that policy.


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