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Tax Deduction at Source: TDS on Salary, Rent, Professional Fees Under ITA 2025

TDS provisions require deductors to withhold tax from payments to residents. Learn TDS rates on salary, rent, professional fees, contractor payments, and other key sections under I...

TaxClue Team Tax & Compliance Expert
2 min read 1 views Updated Jun 16, 2026
Expert Reviewed Medium Complexity
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Tax Deduction at Source (TDS) is a mechanism where the payer deducts income tax at the time of making specified payments. TDS provisions under the Income Tax Act 2025 (effective April 1, 2026) largely continue the existing framework with some rationalization.

Key TDS Sections and Rates

SectionPayment TypeThresholdRate
192SalaryIncome exceeds basic exemptionAs per applicable slab rates
193Interest on securitiesRs.5,00010%
194AInterest (other than securities)Rs.40,000 (Rs.50,000 for seniors)10%
194BLottery/crossword winningsRs.10,00030%
194CContractorsRs.30,000 (single), Rs.1 lakh (aggregate)1% (individual/HUF), 2% (others)
194DInsurance commissionRs.15,0005%
194HCommission/brokerageRs.15,0005%
194IRent (land/building)Rs.2.4 lakh per year10% (plant/machinery 2%)
194JProfessional/technical feesRs.30,00010% (technical 2%)
194NCash withdrawal from banksRs.1 crore (Rs.20 lakh if no ITR filed)2% (5% if non-filer)
194QPurchase of goodsRs.50 lakh from a single seller0.1%

TDS on Salary (Section 192): Detailed

Employer deducts TDS from salary based on employee's total estimated income for the year. Key points:

  • No fixed rate — employer estimates tax liability based on salary + other declared income
  • Employee must submit Form 12BB (investment declaration) to employer
  • If employee has two employers: can choose one as "primary employer" for TDS under Section 192(2C)
  • Employer must issue Form 16 (Part A — TDS details, Part B — salary details) by June 15
  • TDS liability: Employer deducts and deposits by 7th of next month (except March: by April 30)

TDS Payment and Filing Timeline

ActivityDue Date
TDS payment (April to February)7th of following month
TDS payment (March)April 30
TDS Return Q1 (April-June)July 31
TDS Return Q2 (July-September)October 31
TDS Return Q3 (October-December)January 31
TDS Return Q4 (January-March)May 31
Form 16 (Salary TDS certificate)June 15
Form 16A (Other TDS certificate)15 days from due date of TDS return

Lower Deduction or No Deduction Certificate (Section 197)

A payee whose income tax payable is less than TDS that would be deducted can apply to the Income Tax Officer for a lower/nil deduction certificate:

  • Application in Form 13 online on income tax portal
  • Certificate issued for a specific period and payer
  • Payer deducts TDS at the rate specified in certificate
  • Applicable for: rent, professional fees, contractor payments, interest, commission

Consequences of TDS Default

DefaultConsequence
Failure to deduct TDSInterest: 1% per month from date of deductibility to date of deduction
Deducted but not depositedInterest: 1.5% per month from date of deduction to date of deposit
Late filing of TDS returnRs.200 per day late fee (Section 234E); minimum Rs.10,000 penalty under 271H
Failure to issue TDS certificatePenalty Rs.100 per day (Section 272A(2))

PAN Requirement for TDS

If payee does not furnish PAN, TDS is deducted at the higher of: prescribed TDS rate, 20%, or rate in force. E.g., TDS on professional fees under Section 194J at 10% becomes 20% if no PAN. Exception: Aadhaar-linked transactions may have different treatment.

TDS Credit: TDS deducted is credited to the payee's tax account. It reflects in Form 26AS (Annual Information Statement) and AIS (Annual Information Statement). The payee can claim TDS credit while filing ITR. Mismatches between 26AS and ITR claim can lead to demand notices. Always verify 26AS before filing ITR.

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Frequently Asked Questions
What is the TDS rate on rent under Section 194I?
TDS on rent of land or building is 10% per year if rent exceeds Rs.2.4 lakh annually (i.e., Rs.20,000 per month). TDS on rent of plant, machinery, or equipment is 2%. TDS must be deducted at the time of credit or payment, whichever is earlier.
Is TDS applicable on small contractor payments?
TDS under Section 194C applies on contractor payments exceeding Rs.30,000 for a single payment or Rs.1 lakh in aggregate per year. Individual/HUF deducts at 1% and others at 2%. Transport contractors with valid PAN on a declaration to use own vehicles can claim nil TDS.
When must TDS be deposited with the government?
TDS deducted during April to February must be deposited by the 7th of the following month. TDS deducted in March must be deposited by April 30. For government deductors, TDS must be deposited on the same day using CHALLAN ITNS 281.
What is Form 26AS and why is it important?
Form 26AS is the Annual Information Statement available on the income tax portal. It consolidates TDS deducted by all payers, advance tax paid, self-assessment tax paid, and other financial transactions. Taxpayers should verify Form 26AS before filing ITR to ensure all TDS credits are correctly reflected.
Can the payee claim credit for TDS even if the deductor has not deposited it?
As per current judicial positions, the payee should not be denied TDS credit if the deductor has not deposited it, as the payee is not at fault. However, practical issues arise when TDS does not appear in Form 26AS. The payee must follow up with the deductor for correct Form 16/16A.
What is the TDS rate for professional services under Section 194J?
Professional fees (legal, medical, engineering, architecture, accountancy, etc.) attract TDS at 10% on amounts exceeding Rs.30,000. Technical services fees attract lower TDS at 2%. Royalty payments also fall under Section 194J at 10%.

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