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TDS Guide · FY 2025-26 · AY 2026-27

TDS on Commission & Brokerage —
Section 194H

The current 2% TDS rate under Section 194H, the ₹20,000 annual threshold, who must deduct, when to deduct, and how commission differs from insurance (194D) and professional fees (194J) for FY 2025-26.

Updated for FY 2025-26 Section 194H · 2% since Oct 2024 CA-reviewed
2%TDS rate 194H
₹20,000Annual threshold
20%No-PAN rate
26QQuarterly return
Quick Answer

Section 194H requires TDS on commission or brokerage paid to a resident. The rate is 2% — reduced from 5% with effect from 1 October 2024. No TDS is due unless the aggregate commission to a person exceeds ₹20,000 in the financial year (raised from ₹15,000 by Budget 2025, effective 1 April 2025). If the payee has no PAN, deduct at 20% under Section 206AA. It does not cover salary commission (192), insurance commission (194D) or professional fees (194J).

Commission / brokerage 2%
No PAN (s.206AA) 20%
Aggregate ≤ ₹20,000 Nil
Insurance agent 194D
At a glance

Section 194H — TDS Rate & Threshold

The current TDS rate and threshold on commission and brokerage for FY 2025-26. TDS is deducted on the commission amount, and where GST is shown separately, on the value excluding GST. See the full TDS rate chart 2025-26.

ParticularsDetailRate / Limit
TDS rate on commission / brokerageResident payee2%
Rate before 1 Oct 2024Historic5%
Annual threshold (w.e.f. 1 Apr 2025)Aggregate in FY₹20,000
Payee has no PAN (s.206AA)Higher of 2% or 20%20%
Time of deductionCredit or payment, whichever earlier
TDS return / certificateQuarterly26Q / 16A

No surcharge or cess on TDS for resident payees. Section 206AB (higher rate for non-filers) was omitted w.e.f. 1 April 2025, so no return-filing check is needed.

The rate changed mid-year — check your dates

Commission credited or paid up to 30 September 2024 attracts 5%; from 1 October 2024 onward it is 2%. If you booked a payable in September but paid in October, TDS follows the earlier of credit or payment — so a September credit is still 5%. Using the wrong rate creates a short-deduction demand on TRACES.

Scope

What Commission Is Covered Under 194H?

Section 194H covers any payment received or receivable, directly or indirectly, by a person acting on behalf of another for services rendered (other than professional services) or for any services in the course of buying or selling of goods, or in relation to any transaction relating to any asset, valuable article or thing.

Type of commission / brokerageUnder 194H?Notes
Real-estate broker commissionYesBuilder / developer pays broker
Sub-broker / trading commissionYesShares, commodities
Distributor / channel-partner commissionYesFMCG, pharma, telecom
Referral / lead-generation feeYesIf in the nature of agency commission
Travel-agent commissionYesOn ticket / booking
Salary commission to employeesNo · 192Part of salary — TDS u/s 192
Insurance-agent commissionNo · 194DSeparate section for insurers
Professional / technical feesNo · 194JCA, legal, consultancy — 10% / 2%
Commission to a non-residentNo · 195Cross-border — Section 195 + DTAA

Bank / merchant charges, and commission retained by a bank on card transactions, are outside 194H. Turnover commission is not "brokerage".

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Deductor side

Who Must Deduct TDS Under Section 194H?

Any person (other than an individual or HUF) paying commission or brokerage to a resident must deduct TDS. An individual or HUF deducts only if their books were subject to tax audit under Section 44AB in the preceding financial year. There is no requirement to deduct on payments made for wholly personal purposes.

Pay commissionDeduct 2% at credit or payment
Deposit challanBy the 7th of next month
File Form 26QQuarterly + issue Form 16A
Payee creditTDS shows in 26AS / AIS

2% Broker commission — ₹1,00,000

Commission (ex-GST)₹1,00,000
TDS @ 2%₹2,000
Net paid to broker₹98,000

20% No-PAN payee — ₹1,00,000

Commission (ex-GST)₹1,00,000
TDS @ 20% (s.206AA)₹20,000
Net paid to payee₹80,000
  • Obtain TAN before deducting
  • Collect the payee's PAN (else 20%)
  • Deduct at credit or payment, whichever is earlier
  • Deposit challan by the 7th of the next month
  • File quarterly Form 26Q
  • Issue Form 16A to the recipient
TaxClue Insight — no more non-filer check

Section 206AB — the higher-rate deduction for payees who had not filed their income-tax returns — was omitted with effect from 1 April 2025. You no longer run a compliance-status check on each commission recipient; only the Section 206AA rate (20%) for a missing PAN survives. Missing deduction still triggers 30% disallowance u/s 40(a)(ia) and interest u/s 201.

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

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Get the section right

194H vs 194D vs 194J — Which Applies?

Commission is easy to confuse with insurance commission and professional fees. Using the wrong section changes the rate and threshold and can trigger a short-deduction demand. Recipients reconcile their TDS in Form 26AS before filing their income-tax return.

SectionPaymentRateThreshold (FY)
194HCommission / brokerage2%₹20,000
194DInsurance commission2% / 10%₹20,000
194JProfessional / technical fees10% / 2%₹30,000
192Commission as part of salarySlab
195Commission to a non-residentPer DTAA

194D insurance commission was also cut to 2% (individual) / 10% (company) with the threshold raised to ₹20,000 from 1 Apr 2025.

New law: Section 194H is renumbered 393

Under the Income-tax Act, 2025 (applicable from AY 2026-27), the commission-and-brokerage TDS provision is renumbered as Section 393. The substance — the 2% rate and ₹20,000 threshold — is unchanged. The familiar "194H" reference remains valid for FY 2025-26 and is what most deductors still use.

A recipient whose commission income is below the taxable limit can apply for a lower or nil deduction certificate under Section 197 (Form 13 on TRACES) and give it to the payer, who then deducts at the certified rate.

Government sourcesBare provision: incometax.gov.in — Section 194H, Income-tax Act 1961 · Rate cut 5% → 2% and ₹20,000 threshold — Finance (No. 2) Act 2024 & Finance Act 2025 · Section 206AB omission — Finance Act 2025 (eff. 1 Apr 2025) · Renumbering: Section 393, Income-tax Act 2025 (AY 2026-27)
People also ask

TDS on Commission — Frequently Asked Questions

Rate & Threshold
What is the TDS rate on commission under Section 194H for FY 2025-26?
The TDS rate on commission or brokerage under Section 194H is 2%. It was reduced from 5% to 2% with effect from 1 October 2024 and continues at 2% for FY 2025-26 (AY 2026-27). There is no surcharge or cess on TDS for resident payees. If the recipient does not furnish a valid PAN, tax is deducted at 20% under Section 206AA.
What is the threshold limit for TDS under Section 194H?
No TDS is required if the aggregate commission or brokerage paid to a person during the financial year does not exceed ₹20,000. Budget 2025 raised this threshold from ₹15,000 to ₹20,000 with effect from 1 April 2025. Once the ₹20,000 aggregate is crossed, TDS at 2% applies on the commission paid to that person.
When did the TDS rate on commission change from 5% to 2%?
The rate under Section 194H was cut from 5% to 2% with effect from 1 October 2024 (Finance (No. 2) Act 2024). Commission credited or paid up to 30 September 2024 attracts 5%; from 1 October 2024 onward it is 2%. Because TDS is deducted at credit or payment whichever is earlier, a payable credited in September is still at 5% even if paid later.
What is the TDS rate on commission if the payee has no PAN?
If a resident commission recipient does not furnish a valid PAN, TDS is deducted at 20% under Section 206AA — the higher of the section rate (2%) or 20%. Section 206AB, which earlier imposed a higher rate on non-filers of returns, was omitted with effect from 1 April 2025, so only the PAN-based 20% rate now applies. Always collect PAN before paying commission.
Is TDS on commission deducted on the amount including GST?
Where GST is shown separately on the invoice, TDS under Section 194H is deducted only on the commission value excluding the GST component (per CBDT Circular 23/2017). If GST is not shown separately, TDS is deducted on the whole amount.
Coverage & Scope
Does TDS apply to commission paid to a real-estate broker?
Yes. Commission paid to a resident real-estate broker is covered under Section 194H at 2% if the aggregate exceeds ₹20,000 in the financial year. The builder, developer or company paying the brokerage must deduct. An individual seller need not deduct unless their books were subject to tax audit under Section 44AB in the preceding year. Commission to an NRI broker falls under Section 195, not 194H.
What kinds of payments are treated as commission under 194H?
Section 194H covers commission or brokerage for services rendered as an agent or intermediary — real-estate brokerage, sub-broker and trading commission, distributor and channel-partner commission, referral or lead-generation fees in the nature of agency commission, and travel-agent commission. It excludes salary commission (192), insurance commission (194D), professional fees (194J) and payments to non-residents (195).
Is bank commission or card-processing charge covered under 194H?
No. Commission retained by a bank on card transactions, and bank/merchant charges, are outside Section 194H — this was clarified by CBDT (Notification 56/2012 and later circulars). Turnover discounts and trade discounts are also not "commission or brokerage" and do not attract 194H TDS.
194H vs 194D vs 194J
What TDS section covers insurance-agent commission?
Insurance commission to an insurance agent is governed by Section 194D, not Section 194H. From 1 April 2025 the 194D rate is 2% for a resident individual (10% for a company), with the threshold raised to ₹20,000 a year. Section 194H applies to commission paid by any person other than for insurance, for brokerage or agency services.
What is the difference between commission (194H) and professional fees (194J)?
Commission under Section 194H is payment for services rendered as an agent or intermediary — broker, distributor, referral. Professional fees under Section 194J are for specialised or technical services — legal, accounting, engineering, medical, consultancy. The 194H rate is 2% (threshold ₹20,000); the 194J rate is 10% for professional and 2% for technical services (threshold ₹30,000). The nature of the contract decides the section.
Is TDS deducted on commission paid to a non-resident agent?
No. Section 194H covers only resident payees. Commission paid to a non-resident agent is governed by Section 195, at the rate applicable to the income type and subject to the relevant Double Taxation Avoidance Agreement. Whether such commission is even chargeable to tax in India depends on where the services are rendered and the specific DTAA.
Who Deducts & Compliance
Who is required to deduct TDS under Section 194H?
Any person paying commission or brokerage to a resident must deduct — companies, firms, LLPs, trusts and others. An individual or HUF deducts only if their books were subject to tax audit under Section 44AB in the immediately preceding financial year, and not on wholly personal payments. The deductor needs a TAN before deducting.
Do I still need to check the payee's return-filing status before deducting?
No. Section 206AB, which required checking whether a commission recipient had filed income-tax returns and deducting at a higher rate for non-filers, was omitted with effect from 1 April 2025. For FY 2025-26 you only need a valid PAN; a missing PAN triggers the 20% rate under Section 206AA.
By when must 194H TDS be deposited and returns filed?
TDS deducted must be deposited by the 7th of the following month (for March, by 30 April). The quarterly return is Form 26Q, and the deductor issues Form 16A to the payee within 15 days of the return due date. Late deposit attracts interest at 1.5% per month under Section 201 and late filing a ₹200/day fee under Section 234E.
How does a recipient claim credit for TDS deducted on commission?
The commission recipient claims credit while filing their income-tax return. Once the deductor deposits the TDS and files Form 26Q, the credit appears in the payee's Form 26AS and AIS on the income-tax portal. Declare the commission under business/profession or other-sources income and claim the TDS in Schedule TDS2. If actual credit in 26AS is short, ask the deductor to correct the TDS return.
Can I get a lower or nil TDS certificate on commission income?
Yes. If your total income is below the taxable limit or your expected tax is lower than the TDS otherwise deductible, apply to your Assessing Officer under Section 197 using Form 13 on the TRACES portal. Once issued, give the certificate to the payer, who then deducts at the lower or nil rate specified.
Has Section 194H changed under the new Income-tax Act, 2025?
The commission-and-brokerage TDS provision is renumbered as Section 393 under the Income-tax Act, 2025, which applies from AY 2026-27. The 2% rate and ₹20,000 threshold are unchanged. For FY 2025-26 filings the familiar "194H" reference remains valid and is what most deductors continue to use.
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