The concept of TDS or Tax Deducted at Source was introduced with an aim to collect tax from the very source of income. As per this concept, a person (deductor) who is liable to make payment of specified nature to any other person (deductee) shall deduct tax at source and remit the same into the account of the Central Government. The deductee from whose income tax has been deducted at source would be entitled to get credit of the amount so deducted on the basis of Form 26AS or TDS certificate issued by the deductor.
The Payer making a payment of specific nature withholds a percentage of the total amount payable. The payer is also known as “Deductor”. The payee whose TDS is deducted is known as “Deductee”. TDS needs to be deducted on the following type of payment:
ABC Pvt Ltd needs to make payment of INR 50,000 to Jay for his professional services. Then in this case, ABC Pvt Ltd (Payer/ Deductor) needs to deduct TDS at 10% on INR 50,000 i.e, INR 5,000. And make payment of INR 45,000 (INR 50,000 – INR 5,000) to Jay (Payee/ Deductee).
The Payer/ Deductor has to deduct TDS before making payment to a payee. The payer needs to obtain TAN for depositing and filing TDS Return. Following persons are required to deduct TDS:
Every employer needs to deduct TDS on salary payments made to employees. The TDS on Salary comes under Section 192. And employer needs to file TDS Return in Form 24Q quarterly.
Here is the brief overview on how the total amount of TDS on Salary is decided.
|Section||TDS Rate||TDS Applicability|
As mentioned in the table, if you have any investments (which fall under Section 80) or life events that call for official allowances (Such as your child’s school fees or your wife’s medical treatment), then you can claim deductions. To claim the same you need to provide the relevant documents to your employer. It will also be mentioned in your Form 16. Form 16 issued by the employer is Proof of TDS Deduction and Salary Payments. It is used to file ITR by employees.
Let’s understand how the employer would calculate the TDS liability of the employee:
|Particulars||Amount (in INR)|
|1. Income from Salary||8,00,000|
|2. Tax Deductible Investments and Payments|
|3. Total taxable income (1-2)||5,22,500|
|4. Tax liability as per slab rates||30,385|
|5. Monthly TDS deducted by the employer (4 / 12 months)||2532|
There are various payments other than salary for which TDS is deducted such as professional fees, contract payments, commission or brokerage, property transaction etc.. TDS rates vary by nature of payment.
In the case of TDS payment other than salary, details of TDS can be found in Form 16A. It should be furnished by the deductor within fifteen days from the due date for furnishing the ‘statement of TDS’ under rule 31A. You will read about it in the next section.
The following table displays the due date to deposit TDS:
|Month||End of Quarter||TDS Payments Due Date – Government||The TDS Payments Due Date – Non- Government|
|January||31st March||7th February||7th February|
|February||31st March||7th March||7th March|
|March||31st March||7th April||30th April|
|April||30th June||7th May||7th May|
|May||30th June||7th June||7th June|
|June||30th June||7th July||7th July|
|July||30th September||7th August||7th August|
|August||30th September||7th September||7th September|
|September||30th September||7th October||7th October|
|October||31st December||7th November||7th November|
|November||31st December||7th December||7th December|
|December||31st December||7th January||7th January|
|Nature of Compliance||Original Due Date||New Due Dates|
|Form 24Q, 26Q, 27Q and 27EQ of Q4 of FY 2019-20||31st May, 2020||31st July, 2020|
|Form 24Q, 26Q, 27Q and 27EQ of Q1 and Q2 of FY 2020-21||As per rule 31A/31AA||31st March, 2021|
|Form 26QB, 26QC, and 26QD of February 2020||30th March, 2020||31st July, 2020|
|Form 26QB, 26QC, and 26QD of March 2020||30th April, 2020||31st July, 2020|
|Form 26QB, 26QC, and 26QD of April to November 2020||30 days from end of month in which tax is deducted||31st March, 2021|
TDS certificates are to be issued by a person deducting TDS to the assessee from whose income TDS was deducted while making payment. For instance, banks issue Form 16A to the depositor when TDS is deducted on interest from fixed deposits. Form 16 is issued by the employer to the employee.
The Income Tax Department has notified different TDS Returns/ Statements to be filed by the payer/ deductor within prescribed due dates. The quarterly returns/statements of the TDS should be submitted in the following forms:
|Type of Payment||Return Type|
|Salary Payments||Form 24Q|
|Payments other than Salary to a Resident||Form 26Q|
|Payments other than salary to NRI||Form 27Q|
|Tax Collected at Source||Form 27EQ|
|Payment on Sale of Property (by Individuals)||Form 26QB|
|Payment of Rent on Property (by Individuals)||Form 26QC|
|Payment to Contractor or Professional (by Individuals)||Form 26QD|
Yes. It is very common for salaried individuals to have all their taxes deducted by their employer in form of TDS. Still you should file income tax return to claim any refund and/or carry forward any losses.
– Go to TIN-NSDL, select Challan No./ ITNS 281 and enter TAN, Assessment Year and Personal Information.
– Select Type Of Payment and Nature Of Payment
– Select Bank Name and you will be redirected to the net banking site, make payment and Save Challan 281 for your records.
TDS Certificate is a certificate issued by the person/deductor responsible for deducting tax at source. When TDS is deducted it is important to issue TDS Certificate. From TDS Certificate deductee knows how much TDS has been deducted by the deductor. Some of the examples of TDS Certificate are Form 16, Form 16A, Form 16B.
The deductor/employer is liable to give you a TDS Certificate i.e; Form 16, Form 16A confirming the amount of tax deducted. You can also check your TDS credit from your Form 26AS by login to your income tax e-filing account.
ITD has been sending SMS to the taxpayers from VK-ITDEFL that mentions the amount of TDS against the PAN of the taxpayer. It lets you know the TDS credited in respect of your income from salary, interest etc., every quarter. The amount of TDS would stand accumulated in your Form 26AS for the respective financial year. This initiative was implemented by the Finance Ministry to increase transparency and reduce the cases of TDS mismatches at the time of income tax filing.