TDS Under Section 194J – TDS on Professional Fees and Technical Services

  


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TDS Under Section 194J – Everything You Need to Know in Simple Words

If you’re a freelancer, consultant, or run a business that pays professionals, TDS under Section 194J is something you need to know about. It’s one of the most searched tax topics in India because it affects payments made to professionals, technical experts, and more.

In this article, we’ll explain TDS under Section 194J in a way that’s easy to understand. No confusing tax jargon—just clear, straight-to-the-point information that helps you stay compliant and avoid penalties.

What is TDS Under Section 194J?

TDS (Tax Deducted at Source) under Section 194J applies when payments are made for professional services, technical services, royalties, or non-compete fees. If you're making these payments to a resident in India, you may be required to deduct tax at the time of payment or credit, whichever is earlier.

Who Needs to Deduct TDS Under Section 194J?

Any person (individual, company, partnership firm, HUF, etc.)—except individuals and HUFs who are not required to get their accounts audited—must deduct TDS under Section 194J when they make specific payments listed below.

Payments Covered Under Section 194J

  1. Professional Fees
    Payments to doctors, lawyers, architects, CA, consultants, designers, engineers, etc.
  2. Technical Fees
    Charges for technical services like software maintenance, IT support, systems design, etc.
  3. Royalty
    Payments for use of copyrights, patents, trademarks, or similar intellectual property.
  4. Non-Compete Fees
    Payments made to someone for not starting or running a competing business.
  5. Remuneration to Directors
    Any fee (other than salary) paid to a company’s director (e.g., sitting fees).

TDS Rates Under Section 194J

Nature of Payment TDS Rate
Professional Services 10%
Technical Services 2%
Royalty (general) 10%
Royalty (for films, etc.) 2%
Non-Compete Fees 10%
Director’s Remuneration 10%

 

Note: If the recipient doesn’t provide a PAN, TDS is deducted at 20%.



TDS Threshold Limit Under Section 194J

TDS under Section 194J is applicable only if the total payment during the financial year exceeds ₹50,000 to a particular person under each category. So, if you pay ₹25,000 as professional fees and ₹20,000 as royalty to the same person, TDS is not applicable since neither payment crosses ₹50,000 individually.

When Should You Deduct TDS?

You must deduct TDS either:
  • At the time of crediting the payment to the recipient’s account, or
  • At the time of actual payment,

    whichever is earlier.

For example, if you record a consultancy invoice in your books on 20th April and pay it on 5th May, TDS must be deducted on 20th April.

Due Dates for TDS Payment and Return

  • Deposit TDS: By the 7th of the following month.
  • TDS Return Filing (Form 26Q):
    • Q1 (Apr–Jun): 31st July
    • Q2 (Jul–Sep): 31st Oct
    • Q3 (Oct–Dec): 31st Jan
    • Q4 (Jan–Mar): 31st May
  • TDS Certificate (Form 16A): To be issued quarterly within 15 days of the due date of filing return.

Penalty for Non-Deduction or Late Deduction

If you don’t deduct TDS or deduct it late:
  • You may have to pay interest:
    • 1% per month for non-deduction
    • 1.5% per month for late payment after deduction
  • You may be disallowed from claiming the expense while computing your income.

Practical Examples

Example 1:
You pay ₹60,000 to a freelance Tax Consultant in a year. Since this exceeds ₹50,000, you must deduct TDS at 10%, i.e., ₹6,000.

Example 2:
You hire an IT support company for server maintenance and pay ₹55,000. TDS applies at 2%, i.e., ₹1100.

FAQs on TDS Under Section 194J

What is the TDS rate under Section 194J?

TDS is 10% for professional services and 2% for technical services. If no PAN is provided, the rate is 20%.

Is TDS under Section 194J applicable to freelancers?

Yes, freelancers offering professional or technical services are covered under Section 194J.

What is the minimum amount for TDS under Section 194J?

TDS is deducted only if the payment exceeds ₹50,000 in a financial year.

Can individuals deduct TDS under Section 194J?

Only if their accounts are subject to tax audit under Section 44AB in the previous year.

Is GST included while calculating TDS under Section 194J?

No, TDS should be calculated on the amount excluding GST, if GST is separately mentioned in the invoice.

Which form is used to file TDS returns for Section 194J?

Form 26Q is used to file TDS returns for non-salary payments including Section 194J.

Final Thoughts

Understanding TDS under Section 194J is essential if you’re paying for professional or technical services. It’s not just about deducting the right amount, but also about deducting and depositing it on time to avoid penalties. Whether you’re a business owner or a freelancer, staying informed will help you save money, stay compliant, and focus on growing your work stress-free.

For more updates on TDS, GST, and other tax-related tips, stay connected to our blog.



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