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TDS Section Guide · FY 2025-26

Section 194H — TDS on
Commission & Brokerage

The current 194H rate and threshold for FY 2025-26, who must deduct, when to deduct, the no-PAN rule and how 194H differs from 194D, 194J and 194M — plus the new Section 393 renumbering.

Updated for FY 2025-26 Rate cut to 2% Threshold ₹20,000
2%Commission TDS
₹20,000Annual threshold
20%No-PAN rate
26QQuarterly return
Quick Answer

Section 194H requires TDS at 2% on commission or brokerage paid to a resident, once the aggregate crosses ₹20,000 in a financial year (FY 2025-26). If the payee has no valid PAN, TDS jumps to 20% under Section 206AA. The rate was cut from 5% to 2% from 1 October 2024, and the threshold raised from ₹15,000 to ₹20,000 from 1 April 2025. Insurance commission (194D) and salary commission (192) are outside 194H.

Rate (with PAN) 2%
Without PAN 20%
Threshold ₹20,000
Payee Resident
At a glance

Section 194H — Key Parameters

What 194H taxes, at what rate, and every operational limit for FY 2025-26. TDS is deducted on the gross commission or brokerage, at the earlier of credit or payment.

ParameterDetails
TDS rate (valid PAN)2% of gross commission / brokerage
Rate without PAN (s.206AA)20%
Threshold (FY 2025-26)₹20,000 per payee per financial year
Payments coveredCommission, brokerage, discount / remuneration for agency services
PayeeResident only Non-resident → s.195
Time of deductionAt credit to payee (or suspense a/c) or payment — whichever is earlier
Deposit due date7th of the following month (March: 30 April)
TDS returnForm 26Q (quarterly)
TDS certificateForm 16A within 15 days of the 26Q due date
New Act referenceSection 393(1), Sl. 1(ii), Income-tax Act 2025 (from AY 2026-27)

Rate cut 5% → 2% w.e.f. 1 Oct 2024 (Budget 2024); threshold ₹15,000 → ₹20,000 w.e.f. 1 Apr 2025 (Budget 2025).

Old 5% rate is gone — deduct 2% now

Many templates and accounting masters still show 194H at 5%. For any commission credited on or after 1 October 2024 the correct rate is 2% (20% if the payee has no PAN). Over-deducting at 5% forces the payee to claim a refund; under-deducting attracts interest and disallowance under Section 40(a)(ia).

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Applicability

Who Must Deduct TDS Under 194H

Any person paying commission or brokerage to a resident must deduct 194H TDS, except individuals and HUFs whose turnover in the preceding year did not exceed the tax-audit limit under Section 44AB (₹1 crore business / ₹50 lakh profession). Companies, firms, LLPs and AoPs must always deduct, regardless of turnover.

  • Companies, LLPs, firms & AoPs — always deduct
  • Individuals / HUF above the s.44AB audit limit — deduct
  • Individuals / HUF below the audit limit — no 194H (see s.194M)
  • Deduct only for resident payees (non-residents → s.195)
  • Aggregate across the year — ₹20,000 limit is cumulative, not per bill

Worked example — commission of ₹80,000

With valid PAN (2%)

Gross commission₹80,000
TDS @ 2%₹1,600
Net paid to agent₹78,400
TDS deposited₹1,600

No PAN (20%)

Gross commission₹80,000
TDS @ 20%₹16,000
Net paid to agent₹64,000
TDS deposited₹16,000

The ₹20,000 threshold is tested on the full-year aggregate. Once total commission to one payee crosses ₹20,000, TDS applies to the entire amount, not only the excess.

Related sections

194H vs 194D vs 194J vs 194M

Commission-type payments are split across several sections. Picking the wrong one is a common notice trigger.

SectionPaymentTDS RateThreshold / year
194DInsurance commission2% (5% for non-individuals)₹20,000
194HGeneral commission / brokerage2%₹20,000
194JProfessional / technical fees10% prof / 2% tech₹50,000
194MCommission by individual/HUF below audit limit2%₹50,00,000
192Commission paid as part of salaryAs per slabBasic exemption

194J professional-fee threshold raised to ₹50,000 for FY 2025-26 (Budget 2025). 194D non-individual rate remains 10% for some payers — confirm payer type.

Not covered

What Falls Outside Section 194H

  • Insurance commission — deduct under Section 194D, not 194H.
  • Commission within salary — taxed under Section 192 as salary.
  • Commission to a non-resident — governed by Section 195 (with treaty relief).
  • Payments below ₹20,000 aggregate in the year — no deduction.
  • Turnover / trade discount on a principal-to-principal sale (not agency) — generally outside 194H.
194H is now Section 393 from AY 2026-27

The Income-tax Act, 2025 (effective 1 April 2026) re-enacts Section 194H as Section 393(1), Sl. No. 1(ii). The 2% rate and ₹20,000 threshold are carried forward unchanged — keep using "194H" as the working reference; the section number is only a renumbering.

File your quarterly Form 26Q correctly and issue Form 16A on time.

File TDS Return →
Government sourcesAct & rates: incometax.gov.in · Section 194H, Income-tax Act 1961 · Rate cut to 2%: Finance (No. 2) Act 2024, w.e.f. 1 Oct 2024 · Threshold ₹20,000: Finance Act 2025, w.e.f. 1 Apr 2025 · Renumbering: Section 393(1), Income-tax Act 2025
People also ask

Section 194H — Frequently Asked Questions

Rate & Threshold
What is the Section 194H TDS rate for FY 2025-26?
The Section 194H TDS rate for FY 2025-26 is 2% on commission or brokerage paid to a resident. This was reduced from 5% with effect from 1 October 2024. If the payee does not furnish a valid PAN, TDS is deducted at 20% under Section 206AA. TDS is calculated on the gross commission amount before any deductions.
What is the threshold limit under Section 194H?
For FY 2025-26 the threshold is ₹20,000 per payee per financial year, raised from ₹15,000 with effect from 1 April 2025 (Budget 2025). No TDS is deducted until total commission or brokerage to one payee in the year crosses ₹20,000. Once it does, TDS applies to the whole amount, not just the excess over ₹20,000.
Was the 194H rate reduced from 5% to 2%?
Yes. The Section 194H TDS rate was cut from 5% to 2% by the Finance (No. 2) Act 2024, effective 1 October 2024. For any commission credited or paid on or after that date, deduct 2% (or 20% if the payee has no PAN). Commission credited before 1 October 2024 was still subject to the old 5% rate.
What is the TDS rate under 194H if the payee has no PAN?
If the payee does not provide a valid PAN, TDS under Section 194H is deducted at 20% under Section 206AA — the higher of the applicable rate (2%) or 20%. So a missing or invalid PAN pushes the deduction from 2% to 20%, and the deductor must also quote the correct PAN in the TDS return to avoid short-deduction demands.
Applicability
Who is required to deduct TDS under Section 194H?
Any person paying commission or brokerage to a resident must deduct 194H TDS, except individuals and HUFs whose turnover in the preceding year did not exceed the Section 44AB audit limit (₹1 crore for business, ₹50 lakh for profession). Companies, firms, LLPs and AoPs must always deduct, regardless of turnover. Individuals/HUF below the audit limit may fall under Section 194M instead.
What payments are covered under Section 194H?
Section 194H covers commission or brokerage — any payment for services rendered (not being professional services) or for any service in the course of buying or selling goods, or in relation to any transaction relating to an asset, valuable article or thing (other than securities). Typical examples are stockbroker brokerage, real estate agent commission and distributor commission on an agency basis.
When should TDS be deducted under Section 194H — at credit or payment?
TDS under Section 194H is deducted at the earlier of (1) the time of credit of the commission to the account of the payee — including credit to a suspense or any other account — or (2) actual payment by cash, cheque, draft or any other mode. For advance commission, TDS is deducted at the time of the advance credit or payment.
Is TDS on commission deducted on the amount including or excluding GST?
If the GST on the commission is shown separately on the invoice, TDS under Section 194H is deducted only on the commission value, excluding the GST component (CBDT Circular 23/2017). If GST is not separately indicated, TDS is deducted on the whole invoice amount. This mirrors the treatment applied to most TDS sections.
194H vs other sections
What is the difference between Section 194H, 194D and 194J?
Section 194H covers general commission and brokerage at 2% above ₹20,000. Section 194D covers insurance commission (2% for individuals) above ₹20,000 and must be used instead of 194H for insurance agents. Section 194J covers professional and technical fees — 10% for professional services and 2% for technical services — above ₹50,000. Commission that is really a professional fee falls under 194J.
Is insurance agent commission covered under Section 194H?
No. Insurance commission paid to agents is specifically covered under Section 194D, not Section 194H. Section 194D applies at 2% for resident individual agents (higher for non-individual payees) once the aggregate crosses ₹20,000 in the year. Using 194H for insurance commission is a common classification error.
Does Section 194H apply to commission paid to a non-resident agent?
No. Section 194H applies only to resident payees. Commission or brokerage paid to a non-resident is governed by Section 195, at the rate in force or the applicable Double Taxation Avoidance Agreement (DTAA) rate, subject to the nature of the payment and whether income accrues in India.
What is Section 194M and how is it different from 194H?
Section 194M applies when an individual or HUF who is not required to deduct TDS under 194H (i.e. below the Section 44AB audit limit) pays commission or brokerage exceeding ₹50 lakh in aggregate during the year. The rate is 2% and tax is deposited using PAN via Form 26QD — no TAN is needed. It ensures large payments by small deductors are still captured.
Compliance
What is the due date to deposit 194H TDS and file the return?
194H TDS must be deposited by the 7th of the following month, except for March deductions which are due by 30 April. The quarterly TDS return is Form 26Q, due by the 31st of the month following the quarter (Q4 by 31 May). Form 16A (TDS certificate) must be issued to the payee within 15 days of the 26Q due date.
How can the payee claim credit for 194H TDS deducted?
The payee can view 194H TDS deducted in Form 26AS and the Annual Information Statement (AIS), and claim it as a credit against tax liability while filing the income-tax return. The TDS must be reflected against the payee's PAN, so it is important the deductor quotes the correct PAN in the Form 26Q return.
Does the Income-tax Act 2025 change Section 194H?
The Income-tax Act 2025, effective from 1 April 2026 (AY 2026-27), re-enacts Section 194H as Section 393(1), Sl. No. 1(ii). The 2% rate and the ₹20,000 threshold are carried forward unchanged. For search and practical purposes "Section 194H" remains the reference; the new number is only a renumbering, not a change in the tax treatment.
What happens if 194H TDS is not deducted or deposited?
Failure to deduct or deposit 194H TDS attracts interest at 1% per month for non-deduction and 1.5% per month for late deposit, plus disallowance of 30% of the expense under Section 40(a)(ia). Late filing of Form 26Q attracts a fee of ₹200 per day under Section 234E, and penalties may apply under Sections 271H and 271C.
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