Tds on amenity fees & cam charges
This query is : Resolved
16 January 2015
Sir,
I owned a rented shop in a Mall, where I am charged License Fees, Amenity Charges, CAM Charges, HVAC Charges & Electricity Charges.
Being confused among TDS implications among tax deduction on Amenity Charges, CAM & HVAC Charges, experts are requested to suggest your views & advice at your earliest.
Thanks
I owned a rented shop in a Mall, where I am charged License Fees, Amenity Charges, CAM Charges, HVAC Charges & Electricity Charges.
Being confused among TDS implications among tax deduction on Amenity Charges, CAM & HVAC Charges, experts are requested to suggest your views & advice at your earliest.
Thanks
16 January 2015
you have to deduce the tds on amenity charges etc.
you are giving to mall for providing any facility.
you are giving to mall for providing any facility.
16 January 2015
all professional who are involved then u need to deduct under sec 194J as providing cc cam service falls under professional service.
16 January 2015
Who is payer and who is payee?
Jitesh, if your case is not tax audited and you are individual, you need not do any TDS for those charges...
Please elaborate your CONFUSION.
Jitesh, if your case is not tax audited and you are individual, you need not do any TDS for those charges...
Please elaborate your CONFUSION.
16 January 2015
Dear All,
Please suggest TDS under which section will be deducted on Amenity Charges & CAM Charges on space occupied in Mall..
Pls Note:- Amol Joglekar, I represent as a Corporate Entity, being audited
Please suggest TDS under which section will be deducted on Amenity Charges & CAM Charges on space occupied in Mall..
Pls Note:- Amol Joglekar, I represent as a Corporate Entity, being audited
17 January 2015
1st of all Section 194J will not be applicable. For Amenity charges and CAM Charges Section 194C will be attracted.
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17 January 2015
Sanjay Sir, Thanks for your valuable feedback.
But the party has given Lower Deduction Certificate u/s 194Ia & 194Ib & they are of the opinion that TDS on License Fees should be deducted u/s 194Ib & Amenity Charges should be deducted u/s 194Ia, because total LF is divided into LF & Amenity Chgs.
Please suggest on a practical note on the issue & advice
But the party has given Lower Deduction Certificate u/s 194Ia & 194Ib & they are of the opinion that TDS on License Fees should be deducted u/s 194Ib & Amenity Charges should be deducted u/s 194Ia, because total LF is divided into LF & Amenity Chgs.
Please suggest on a practical note on the issue & advice
17 January 2015
Jitesh Ji License fee is for what? It seems to be a case of Taking a Shop in mall on rent wherein some amenities and facilities are provided. Section applicable is 194I TDS on Rent. If these services are part of rent agreement then TDS to be deducted u/s 194I otherwise section 194C needs to be applied for other services and amenities and 194I for Rent.
If your case is different then plaese give all the details of terms of agreement/payment and the exact nature of services and whether they are covered under the rent agreement.
If your case is different then plaese give all the details of terms of agreement/payment and the exact nature of services and whether they are covered under the rent agreement.
20 January 2015
Sanjay Ji, thanks for update..
It is similar in my case...
Rent agreement is separate wherein only License fees is charged & separate agreement for amenities & other facilities..
My point of confusion is that in this case, amenity charges is not deductible u/s 194Ia..?
Please reassure the same because Mall management consider amenities under 194Ia
It is similar in my case...
Rent agreement is separate wherein only License fees is charged & separate agreement for amenities & other facilities..
My point of confusion is that in this case, amenity charges is not deductible u/s 194Ia..?
Please reassure the same because Mall management consider amenities under 194Ia
20 January 2015
if amenity is PLANT or MACHINERY or EQUIPMENT, then 194 |Ia comes into play
if amenity is anything other than as mentioned above...including furniture OR fittings...., 194 I b is applied.
A prudent course of action in all such cases of TDS is to ask the person to get a letter from concerned AO for the NO tds or LOWER tds, if any.
No need to step ourselves into the shoes of AO.... payer shopuld restrict its ROLE to TRUSTEEship onle.
Your views please.
if amenity is anything other than as mentioned above...including furniture OR fittings...., 194 I b is applied.
A prudent course of action in all such cases of TDS is to ask the person to get a letter from concerned AO for the NO tds or LOWER tds, if any.
No need to step ourselves into the shoes of AO.... payer shopuld restrict its ROLE to TRUSTEEship onle.
Your views please.
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