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TDS Guide · FY 2025-26 · AY 2026-27

TDS on Professional Fees —
Section 194J

The correct TDS rate on CA, doctor, lawyer and consultant fees — 10% for professional services and 2% for technical services — the new Rs50,000 threshold from FY 2025-26, director-fee rules and how 194J differs from 194C.

Updated for FY 2025-26 Budget 2025 threshold change CA-reviewed
10%Professional fees
2%Technical services
Rs50,000New threshold FY 25-26
Rs0Director-fee limit
Quick Answer

Section 194J requires TDS on fees for professional or technical services paid to a resident. The rate is 10% on professional fees (CA, doctor, lawyer, architect, engineer, consultant), 2% on technical services (IT support, call centre, software royalty) and 10% on director fees. No TDS if payments to a payee stay at or below the Rs50,000 threshold (raised from Rs30,000 in FY 2025-26) — but director fees have no threshold and are deducted from Re 1.

Professional fees 10%
Technical / call centre 2%
No PAN (s.206AA) 20%
Payments ≤ Rs50k Nil
At a glance

Section 194J — TDS Rates by Payment Type

The applicable rate and FY 2025-26 threshold for every payment covered by Section 194J. TDS is deducted on the fee excluding GST where GST is shown separately. See the full TDS rate chart 2025-26.

Nature of paymentTDS RateThreshold (FY)Examples
Fees for professional services10%Rs 50,000Doctor, lawyer, CA / audit fee, architect, engineer, interior decorator
Fees for technical services2%Rs 50,000IT support, testing, repair & maintenance (technical)
Call centre operator2%Rs 50,000BPO / KPO / call-centre services
Royalty for sale of software2%Rs 50,000Software licence fee treated as royalty
Other royalty & non-compete fee10%Rs 50,000Non-software royalty, non-compete u/s 28(va)
Director fees / remuneration (non-salary)10%No limitSitting fees, commission to directors
Payee without PAN (s.206AA)20%Higher rate for a missing PAN

The Rs50,000 limit (up from Rs30,000) applies separately to each category, per payee, per year. Director fees have no threshold — TDS from Re 1. No surcharge or cess on TDS for resident payees.

The threshold applies on the whole amount

Once payments to a professional cross Rs50,000 in the financial year, TDS at 10% (or 2%) is due on the entire amount — including the earlier bills already paid below the limit, not just the excess. Track fees payee-wise across the year.

Which section applies

Section 194J vs 194C — Professional Fee or Work Contract?

The most common TDS error is classifying a payment under the wrong section. 194J covers professional or technical services; Section 194C covers contract work. For IT vendors the two often overlap — split the invoice correctly.

10% / 2%

Section 194J — professional / technical

  • Fees to CA, doctor, lawyer, architect, engineer, CS
  • Management, IT and technical consultancy
  • Software testing, data analytics, design services
  • Threshold Rs50,000 per category, per year
vs
1% / 2%

Section 194C — contract work

  • Construction, transport, catering, advertising production
  • Software development as a work contract (product delivery)
  • Supply of labour / manpower
  • Threshold Rs30,000 single or Rs1,00,000 aggregate
IT services — pick the right head

Pure IT consulting, software testing or data analytics by an individual consultant is 194J at 10% (or 2% if purely technical). A software-development contract delivering a product using the vendor's own resources can be 194C at 2%. When in doubt for professionals and consultants, 194J is the safer classification.

Not sure whether to deduct under 194J or 194C? Get your vendor payments reviewed.

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Budget 2025 change

The New Rs50,000 Threshold & When to Deduct

From FY 2025-26 the Section 194J threshold rose from Rs30,000 to Rs50,000 per financial year, applied separately to each category (professional fees, technical fees, royalty, non-compete). TDS is deducted at the time of credit or payment, whichever is earlier — so an advance to a consultant attracts TDS at the time of the advance.

  • Rs50,000 — per payee, per category, per financial year (up from Rs30,000)
  • No threshold for director fees / remuneration — deduct from the first rupee
  • Deduct at credit or payment, whichever is earlier; advances are covered
  • Deducted on the fee excluding GST where GST is invoiced separately

10% CA / consultant fee — Rs1,00,000

Professional fee (ex-GST)Rs 1,00,000
TDS @ 10%Rs 10,000
Net paid to professionalRs 90,000

2% Technical / IT-support fee — Rs1,00,000

Technical service fee (ex-GST)Rs 1,00,000
TDS @ 2%Rs 2,000
Net paid to vendorRs 98,000
Deduct on advances too

Because deduction is triggered at credit or payment — whichever is earlier — an advance to a professional must have TDS deducted then, not at final settlement. Missing this leads to 30% expense disallowance under Section 40(a)(ia) plus interest under Section 201.

Deductor side

Who Deducts & Compliance Checklist

Any person paying professional or technical fees in the course of business must deduct — companies, firms, LLPs, trusts and government. For individuals and HUFs, deduction is required only if their books were subject to tax audit under Section 44AB in the preceding year.

  • Obtain TAN before deducting
  • 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 payee
  • Track the Rs50,000 threshold payee-wise
TaxClue Insight — no more filer-status 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 professional before deducting under 194J; only the Section 206AA higher rate (20%) for a missing PAN survives.

DeductorDeducts 194J TDS on the fee
DepositChallan by 7th of next month
File 26QQuarterly return + Form 16A
26AS / AISCredit reflects for the payee

The professional claims this TDS credit while filing their income tax return — the amount is pre-filled from Form 26AS and the AIS, and any excess over the tax liability is refunded.

New law: Section 194J becomes Section 395

Under the Income-tax Act, 2025 (applicable from AY 2026-27), the professional-fees TDS provision is renumbered as Section 395. The 10% / 2% rates and the Rs50,000 threshold are unchanged. The familiar "194J" reference remains valid for FY 2025-26 and is what most deductors still use.

Government sourcesBare provision: incometax.gov.in — Section 194J, Income-tax Act 1961 · Threshold Rs50,000 — Finance Act 2025 (eff. 1 Apr 2025) · Section 206AB omission — Finance Act 2025 (eff. 1 Apr 2025) · TDS on fee excluding GST — CBDT Circular 23/2017
People also ask

TDS on Professional Fees — Frequently Asked Questions

Rates & Thresholds
What is the TDS rate on CA fees or professional fees under Section 194J?
TDS under Section 194J on professional fees — including fees to a CA, doctor, lawyer, architect, engineer, company secretary and other listed professions — is deducted at 10%. Technical services attract a lower 2% rate. Director fees (non-salary) are also 10% but with no threshold. If the payee does not furnish a PAN, tax is deducted at 20% under Section 206AA.
What is the threshold limit for TDS under Section 194J in FY 2025-26?
From FY 2025-26 (AY 2026-27) the Section 194J threshold was raised from Rs30,000 to Rs50,000 per financial year, applied separately to each category — professional fees, technical fees, royalty and non-compete payments. No TDS is required until aggregate payments to a payee in that category cross Rs50,000; once crossed, TDS applies to the entire amount including earlier bills. Director fees have no threshold.
What is the TDS rate on technical services or IT support under 194J?
Fees for purely technical services are taxed at 2% under Section 194J — this includes IT support, testing, technical repair and maintenance, call-centre / BPO operations and royalty for the sale or distribution of software. The higher 10% rate applies to professional fees (CA, doctor, lawyer, consultant) and non-software royalty and non-compete fees.
Is TDS deducted on the amount including GST under Section 194J?
No. Where GST is shown separately on the invoice, TDS under Section 194J is deducted only on the fee excluding the GST component, as clarified by CBDT Circular 23/2017. If GST is not shown separately, TDS is deducted on the whole invoice value.
What is the TDS rate if the professional has no PAN?
If a resident professional does not furnish a valid PAN, TDS is deducted at 20% under Section 206AA — higher than the normal 10% or 2%. Section 206AB, which earlier imposed an even higher rate on non-filers of returns, was omitted with effect from 1 April 2025, so only the PAN-based 20% rate now applies.
194J vs 194C
Section 194J vs 194C — which applies to IT services or software development?
Section 194C (1% / 2%) applies to work contracts — a contractor carrying out specific work using their own labour or materials, including software development delivered as a product. Section 194J (10% / 2%) applies to professional or technical services — where specialised knowledge or skill is provided. Pure IT consulting, software testing or data analytics by an individual consultant is 194J at 10%; a software-development work contract for a product can be 194C at 2%. When in doubt for professionals, 194J is the safer classification.
What is the difference between Section 194J and Section 194C?
Section 194J covers professional and technical service fees (legal, medical, engineering, consultancy, technical fees) at 10% or 2% with a Rs50,000 threshold per category. Section 194C covers contract work (construction, transport, catering, advertising production, labour supply) at 1% or 2% with a Rs30,000 single / Rs1,00,000 aggregate threshold. A single vendor can attract both — split the invoice so the works portion goes to 194C and the professional portion to 194J.
Director & Special Cases
Is there TDS on director fees or sitting fees under Section 194J?
Yes. Director remuneration that is not salary — sitting fees, commission and other non-salary payments to a director — attracts 10% TDS under Section 194J with no threshold limit. TDS must be deducted from the first rupee, unlike professional fees where the Rs50,000 threshold applies. Director salary is covered by Section 192 instead.
Do individuals and HUFs have to deduct TDS on professional fees?
Only if the individual or HUF was liable to tax audit under Section 44AB in the immediately preceding year. Below that, an individual or HUF is not required to deduct TDS under Section 194J. Even where liable, no deduction is required on fees paid exclusively for personal (non-business) purposes.
Do I still need to check the professional's return-filing status before deducting?
No. Section 206AB, which required checking whether a payee 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.
Freelancers & Credit
Can a freelancer submit Form 15G or 15H to avoid TDS under Section 194J?
No. Form 15G and Form 15H apply only to interest income (Section 194A), dividends and similar income — they cannot prevent TDS on professional or technical fees under Section 194J. A freelancer or professional can instead apply to the Assessing Officer for a lower or nil deduction certificate under Section 197 if their income is low or losses are expected; the deductor then deducts at the certificate rate.
How do I claim credit for TDS deducted under Section 194J?
TDS under Section 194J reflects in your Form 26AS and the Annual Information Statement (AIS). File your ITR — ITR-3 if professional income is business/profession income, or ITR-4 if opting for presumptive taxation under Section 44ADA (50% of gross receipts). In Schedule TDS, verify the TAN, gross payment and TDS amount pre-filled from 26AS. The credit is set off against your total tax liability, and any excess is refunded after the ITR is processed.
When must 194J 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 TDS return is Form 26Q, and the deductor must issue Form 16A to the payee. Late deposit attracts interest at 1.5% per month under Section 201, and late filing attracts a Rs200/day fee under Section 234E.
Can a professional avoid TDS if income is below the taxable limit?
A professional cannot stop TDS by declaration alone, but can apply for a lower or nil deduction certificate under Section 197 from the Assessing Officer. Once issued, the deductor deducts at the reduced rate stated in the certificate. Otherwise TDS is deducted normally, and any excess is refunded when the professional files the ITR.
Has Section 194J changed under the new Income-tax Act, 2025?
The professional-fees TDS provision is renumbered as Section 395 under the Income-tax Act, 2025, which applies from AY 2026-27. The rates (10% / 2%) and the Rs50,000 threshold are unchanged. For FY 2025-26 filings the familiar "194J" reference remains valid and is what most deductors continue to use.
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