Amendments in TDS rates after Budget 2015-16

The Changes proposed by the Budget 2015-16 (Finance Bill 2015) related to deduction of tax at source under Chapter XVII of the Income tax Act, 1961 are as under, some of these amendments takes effect from 01.04.2015 and other have  taken effect from 01.06.2015.

1. S. 194A amended to expressly provide that from 1st June, 2015 the exemption provided from deduction of tax from payment of interest to members by a co-operative society u/s 194A(3)(v) of the Act shall not apply to the payment of interest on time deposits by the co-operative banks to its members.

2. It is proposed to amend the definition of ‘time deposits’ as per S. 194(3) to include recurring deposits also. This implies that now, interest on recurring deposits is also subject to TDS.

3. S. 194A shall not apply to income paid by way of interest on the compensation amount awarded by the Motor Accidents Claims Tribunal where the amount of such income does not exceed Rs. 50000/-

4. It is proposed to amend S. 194C(6) to provide non deduction of tax for payments to a contractor in the business of plying, hiring or leasing goods carriages, where such contractor owns ten or less than ten goods carriages at any time during the previous year and furnishes a declaration to that effect along with his Permanent Account Number, to the person paying or crediting such sum. (w.e.f. 01-06-2015)

5. No TDS to be deducted u/s 194I where the rent is credited or paid to a business trust, being a real estate investment trust, in respect of any real estate asset, referred to in clause (23FCA) of S. 10, owned directly by such business trust.(w.e.f. 01-06-2015)

6. S. 194LBA is amended to provide TDS on distribution of income by a business trust being a real estate investment trust, by way of renting or leasing or letting out any real estate asset owned directly by such business trust.

7. New S. 194LBB to provide for TDS @ 10% on payments to a unit holder in respect of units of Investment Fund u/s 115UB

8. Concessional rate of tds @ 5% u/s 194LD shall now be available on interest payable till 30-06-2017.

9. S. 195 has been amended to provide furnishing of information in Form 15CA and 15CB for payments to a non resident/foreign company irrespective to the fact that whether or not those payments were chargeable under Income tax Act. (w.e.f. 01-06-2015)

For the updated chart of tax Deduction at Source for FY 2015-16 or AY 2016-17 :

http://taxpage.in/tds-tcs-rates-for-fy-2015-2016-ay-2016-2017.html?preview_id=646&preview_nonce=1621571ddd&preview=true

Notes:

1. Due dates for deposit of TDS (Rule 30) are as under:

2. Where income referred in Sections 193, 194A, 194C, 194D, 194G, 194H, 194I & 194J is credited to account of payee as on date up to which accounts are  made, TDS has to be deposited in Government Account  on or before 30  ^th  April of the next FY.
3. An Individual or a Hindu Undivided Family whose total sales,gross receipts or  turnover from business or profession carried on by himexceeds the monetary limits under Clause (a) or (b) of S. 44AB during the preceding financial year shall also be liable to deduct tax u/s 194A, 194C, 194H, 194I & 194J.
4. No education/higher education cess is to be added on tax deducted on non-salary payments made to resident taxpayers.
5. Surcharge is applicable to deductions u/s 193, 194,  194A, 194B, 194BB, 194C, 194D, 194DA, 194E, 194EE, 194F, 194G, 194H, 194-I, 194-IA, 194J, 194LA, 194LB, 194LBA, 194LC, 194LD, 195, 196B, 196C and 196D

(a) in the case of every company, other than a domestic company:

(i) at the rate of 2% where incomes paid or likely to be paid exceeds one crore rupees but does not exceed ten crore rupees;

(ii) at the rate of 5%  where the income paid or likely to be paid exceeds ten crore rupees.

(b) in the case of every person other than company at the rate of 10%, where the aggregate incomes paid or likely to be paid exceeds one crore rupees;

6. w.e.f. 01-06-2015 No deduction u/s 194C are required on payments to a contractor (who owns not more than 10 goods carriage) during the course of business of plying, hiring or leasing goods carriages on furnishing a declaration and his PAN u/s 194C.
7. In case of an office of the Government, where TDS under sub-section (1À) of S. 192 has been paid to the credit of the Central Government without the production of a challan, the Pay and Accounts Officer/Treasury Officer/ Cheque Drawing and Disbursing Officer etc. shall deliver or cause to be delivered to the prescribed income-tax authority, a statement in such form, verified in such manner, setting forth such particulars and within such time as may be prescribed. (w.e.f. 01-06-2015)
8. As per S. 206AA, the Rate of TDS will be 20% in all cases,if PAN is not quoted by the deductee (including transporter) w.e.f. 01-04-2010
9. Deduction at lower or nil rate requires certificate u/s 197,which will take effect from the day it is issued. It cannot be usedretrospectively.
10. If TDS certificate is lost, duplicate may be issued on aplain paper giving necessary details marking it as duplicate.
11. Even if the recipient of payment has shown it in his income-tax return and paid the taxes thereon, the deductor who has failed todeduct tax will be liable to pay interest and penalty.
12. Consequences of Default

• Interest @ 1.00% p.m. from the date on which tax was deductible to the date of deduction. (S. 201)
• Interest@ 1.50% p.m. from the date on which tax is deducted to the date of its paid. (S. 201)
• Penalty equal to the tax that was failed to be deducted or remitted. (S. 271C)
• In case offailure to remit the tax deducted, rigorous imprisonment ranging from 3 monthsto 7 years and fine can be levied. (S. 276B)
• Failure to file quarterly TDS Returns in time- late fee @ Rs. 200/- per day (maximum of TDS amount) S. 234E

The due dates for filing TDS quarterly Returns are as per the following table: