Section 194-IB requires individuals and HUFs to deduct TDS on rent exceeding Rs. 50,000 per month. Usually, TDS deduction requires TAN registration. However, in certain cases, individuals and HUFs can use their PAN for simpler compliance.
The TDS should be ducted and deposited within 30 days from the end of the month in which the TDS was deducted in Form 26QC. The deductor will provide the deductee with a certificate in Form 16C confirming deposition of the TDS amount. Read this article to learn more about Form 16C and Form 26QC.
TDS is to be deducted once in a financial year. It can be either deducted at the time of credit of the rent to the account of the payee (landlord) for the last month of the financial year OR the last month of the tenancy if the property is vacated during the year. It can also be deducted at the time of payment, whichever is earlier.
The TDS deducted should be paid within 30 days from the end of the month in which the tax was deducted. It shall be accompanied by a challan (cum) statement in Form 26QC. The TDS, so deducted, can be paid to the government electronically through the Reserve Bank of India, State Bank of India, or any other authorised bank.
Form 16C is a new TDS certificate introduced by the government of India. It reflects the amount of TDS deducted on rent at 5% by the individual/HUF (u/s 194IB). It is just like Form 16 or Form 16A issued in the case of salary and other payments respectively. The person deducting the TDS on the rent is required to furnish Form 16C to the payee within 15 days from the due date of furnishing challan cum statement in Form 26QC, it consists of details of rent payments and TDS made thereon.
Example:
Hannah, who is a salaried employee, is paying a rent of Rs 58,000 per month. She deducted TDS @5% for the whole year in March. The amount of TDS comes out to be Rs. 34,800 (6,96,000*5%). Now this TDS should be deposited along with Form 26QC before 30th April, i.e. within 30 days from the end of the month in which the TDS is deducted. Also, Hannah should furnish the Form 16C to the landlord before 15th May, i.e. within 15 days from the due date of furnishing challan cum statement in Form 26QC.
If you fail to issue TDS certificate in Form 16C to the landlord within 15 days of furnishing Form 26QC you would have to pay a penalty of Rs. 100 for each day of delay.
Form 16C can be downloaded by following the below steps
Step-1: Click here to register as a taxpayer on TRACES with details of PAN and either the details of tax deducted or details of challan or details of Form 26QC. Also, enter the verification code and click on ‘Proceed’. The activation link will be sent to the email ID through which the account can be successfully created
Step-2: If already registered login to TRACES here enter PAN as User Id, Password, PAN, and captcha.
Step-3: Furnish details such as assessment year, acknowledgment no. of Form 26QC and PAN of the seller
Step-4: Form 16C will now be available in the requested downloads section under the "Downloads" category
Step-5: Form 16C can now be printed/saved
The format of Form 16C is made available here!
Under Section 194-IB, every tenant who is an Individual or HUF paying rent exceeding Rs. 50,000 per month will have to deduct the TDS. Non-deduction of TDS and not filing Form 26QC, then the tenant is liable for interest of 1% per month or part of a month for delay in deducting,1.5% per month or part of a month to the date on which TDS was deposited for delay in depositing tax and also a penalty for late filing the TDS return @ 200 per day.
Particulars | 194I | 194IB |
The person responsible for TDS deduction | (Individual and HUF) who are covered under Section 44AB (a) and (b) For other Assessee - no condition | (Individual and HUF) who are not covered under Section 44AB (a) and (b) For other Assessee - Section not applicable |
Monetary Limit | Rs. 2,40,000/- per annum | Rs. 50,000/- per month |
Assets | Land, Building, Plant and machinery, furniture and fitting | Land and building only |
TDS Rate | 2% plant and machinery, 10% Land, Building, furniture and fitting | 5% on land and building subject to a maximum of last month's rent of the FY |
Time Limit of TDS deduction | At the time of credit or payment, whichever is earlier | At the time of credit for the rent of last month or the last month of tenancy Or at the time of payment, whichever is earlier |
Time Limit for payment of TDS | By the 7th of subsequent month except for the month of March (For March month - 30th April instead of 7th April) | 30 days from the end of the month in which TDS deducted |
TAN required | Yes | No |
Form to be filed | 26Q | 26QC |
TDS Certificate | Form 16A | Form 16C |