About TDS Calculation
Section-wise TDS computation 192/194/195 lower deduction certificate Form 15CA/CB for foreign remittance. Forms handled: Form 15CA, Form 15CB, Form 13 lower deduction. Legal basis: Sections 192/194/195/197 Income Tax Act.
Plain-English glossary for this service
Report generated on TRACES portal identifying defaults in a processed quarterly statement including short deduction, short payment, late payment interest, late filing fee, and PAN errors
Computation under Section 195A where the tax burden is borne by the payer; the agreed net payment is grossed up to derive a notional gross figure on which TDS is computed
Consolidated treaty text published jointly by competent authorities reflecting how the DTAA reads after modifications introduced by the multilateral instrument, used for interpretation by taxpayers
TAN (Tax Deduction Account Number) is a 10-character alphanumeric ID mandatory for anyone deducting or collecting tax at source — used on every challan, TDS return, and Form 16/16A. PAN is the assessee's permanent ID used for filing returns and claiming TDS credit. A single entity needs both — PAN as taxpayer, TAN as deductor. Operating without a TAN attracts Rs 10,000 penalty under Section 272BB.
Self-declaration by non-resident furnishing nationality, tax identification number, address, and period of residency to supplement TRC where the certificate omits any of the prescribed particulars
Template treaty published by the Organisation for Economic Cooperation and Development guiding bilateral DTAA negotiation; Articles 10, 11, and 12 prescribe the framework for passive income taxation
A CA certificate accompanying 15CA Part C — issued only by a Chartered Accountant with a valid UDIN, certifying the nature of remittance, TDS section applied, rate computed under DTAA or domestic law, beneficial-ownership confirmation, and PE-absence opinion. Banker-convention validity is typically 15 days; many bankers refuse stale certificates. Issued per-remittance, not per-vendor, so multiple invoices to the same payee need separate 15CBs.
Mismatch between tax reflected as deducted in the quarterly statement and tax actually credited to the central government as per OLTAS, requiring challan correction or fresh deposit
Accounting provision created at the close of the financial year for accrued but unbilled expenditure; subject to deduction obligation where payee is identifiable, reversed on actual invoice receipt next year
The conceptual division between the entity bearing the tax economically (often the deductee) and the entity discharging it operationally (the deductor). In domestic TDS the deductor withholds from the deductee. In net-of-tax contracts the deductor also bears the economic cost. In cross-border, the deductor remits on behalf of the foreign recipient who claims FTC abroad. Misalignment between economic and operational responsibility is the root cause of most 195 disputes.
Anti-abuse rule introduced through MLI denying treaty benefits where one of the principal purposes of an arrangement was to obtain that benefit contrary to the object of the treaty
Provisional receipt acknowledgement number generated upon successful acceptance of a quarterly TDS statement at the TIN-FC or via online filing, used for tracking status and correction submissions
Operative provisions cited on this page
Every claim on this page can be traced back to a section or rule below.
Section 192 obliges every employer paying salary chargeable under the head Salaries to deduct income-tax at the rate applicable to the employee's estimated total income for the financial year. The computation considers declared investments under Chapter VI-A, House Rent Allowance exemptions, standard deduction, and the slab regime opted (old or new under 115BAC). Average rate of tax determines monthly deduction. Employers must obtain Form 12BB substantiating claims, issue Form 16 by 15th June following the financial year, and deposit tax monthly through Challan ITNS-281. Mis-estimation triggers shortfall recovery in subsequent months.
View sourceSection 192A mandates the trustee of a recognised provident fund to deduct tax at ten percent when accumulated balance becomes taxable on premature withdrawal before completion of five years of continuous service. Threshold for triggering deduction stands at fifty thousand rupees aggregate withdrawal. If the recipient fails to furnish Permanent Account Number, the rate rises to maximum marginal rate under proviso. Withdrawal due to ill-health, employer business discontinuance, or other notified reasons escapes the levy. The trustee reports deduction through quarterly statement Form 26Q and issues consolidated certificate Form 16A.
View sourceSection 194 requires the principal officer of a domestic company distributing dividend to resident shareholders to deduct tax at ten percent before remittance. The provision excludes dividend covered by Section 115-O for periods prior to abolition of Dividend Distribution Tax through Finance Act 2020. Threshold of five thousand rupees per shareholder per year applies for individual recipients receiving dividend by any mode other than cash. Mutual fund distributions follow Section 194K. The deductor reports through Form 26Q quarterly statements with PAN-wise breakup mandatory for credit reconciliation in Form 26AS.
View sourceSection 194A casts deduction obligation on persons paying interest other than interest on securities to residents. Banking companies, cooperative societies engaged in banking, and post offices apply a threshold of forty thousand rupees (fifty thousand for senior citizens) per branch per financial year. Other payers face a ten thousand rupees threshold. Standard rate equals ten percent of gross interest. Form 15G or 15H self-declarations from eligible recipients permit nil deduction. Inter-corporate deposits, recurring deposit interest, and unsecured loan interest fall within scope, while savings bank account interest expressly stands excluded from the ambit.
View sourceSection 194C addresses payments made to resident contractors for carrying out any work including supply of labour, manufacturing or supplying products according to specifications using customer-supplied material, advertising, broadcasting, and transportation. Individual or HUF deductors come within scope only when subjected to tax audit during the preceding financial year. Single payment threshold is thirty thousand rupees with aggregate annual threshold of one lakh rupees. Rate stands at one percent when payment goes to individual or HUF contractor, two percent for other entities. Transporter declaration with valid PAN can secure nil deduction.
View sourceSection 194H requires deduction at five percent on commission or brokerage exceeding fifteen thousand rupees during the financial year paid to residents. The scope encompasses commission earned by selling agents, del-credere agents, and brokers in securities transactions. Excluded are insurance commission covered separately under Section 194D and brokerage on public issue of securities. Individual and HUF payers escape liability unless tax audit applied in preceding year. The provision frequently triggers disputes regarding principal-to-principal versus principal-to-agent relationships, the Supreme Court ruling in Bharti Cellular versus revenue offering interpretative guidance on telecom distributor margins.
View sourceSection 194I imposes deduction on rent paid to residents exceeding two lakh forty thousand rupees per annum. Sub-classification distinguishes plant and machinery rent attracting two percent from land, building, furniture, or fittings rent attracting ten percent. Composite arrangements require allocation based on commercial substance. Individual and HUF payers come within scope only following tax audit applicability. Hotel accommodation arrangements depend on whether the underlying transaction constitutes rent or service. The Supreme Court ruling in Japan Airlines versus revenue clarified that landing and parking charges paid to airports do not constitute rent under this section.
View sourceSection 194J governs payments to residents for professional services, technical services, royalty, non-compete fees, and director sitting fees. Annual threshold is thirty thousand rupees per category. Rate is ten percent for professional services and royalty but two percent for fees for technical services and call centre operations following the Finance Act 2020 bifurcation. Director remuneration other than salary attracts ten percent without threshold protection. Professional services include legal, medical, engineering, architectural, accountancy, technical consultancy, interior decoration, and notified sportspersons. Recipients qualifying as specified persons under Section 206AB face deduction at twice the prescribed rate.
View sourceForms used in this engagement
Reports salary deductions under Section 192 with PAN-wise allocation and Annexure II breakup
Consolidates deductions under Sections 194 series for resident payees other than salary
Reports deductions under Section 195 with country code, nature code, and DTAA details
Captures TCS data under Section 206C including buyer PAN and goods classification
Provides employees with annual statement of salary, deductions claimed, and tax remitted
Certifies tax deducted on non-salary payments for deductee credit reconciliation
Certifies amount collected by seller for buyer's credit claim in income tax return
Recipient application before Assessing Officer for reduced or nil deduction certificate
Online declaration by remitter capturing nature, amount, and tax position of foreign payment
CA verifies chargeability, applicable rate, DTAA benefit, and TDS computed on outward remittance
Declaration by resident below sixty years asserting estimated income below taxable threshold
Declaration by senior citizens whose tax liability after deductions equals nil for the year
Compliance deadlines that matter
Miss any of these and the next consequence kicks in automatically.
Section 192 (Salary) vs Section 194 (Other)
Three named tax practitioners — not a faceless outsourcer
B.Com, CA Inter, GST Practitioner. 15+ years and 500+ Chennai engagements. Leads the notice-reply and CMA project-report practice.
B.Com. 15+ years in statutory and ROC compliance, partnership-firm matters, and audit-support engagements.
B.Com, M.Com. 5+ years on monthly GST returns, GSTR-2B reconciliation, and ASMT-10 first-touch responses.