15 April 2013
Sir, Mine is a proprietorship concern one car was bought in name of my wife, the bank instalments are paid by me from company account every month to the credit of her S/B account, apart from all monthly maintenance costs. I want to show these expenses as rental to her,would it attract deduction of TDS on payments or any service Tax payable by any of us straight or under reverse tax mechanism ? Pl advise we still have time to deposit TDS for last year FY 2012-13. Regards,
15 April 2013
Yes you are required to deduct TDS on rent payment. But for service tax purpose as she is not working as CAB Operator, reverse charge mechanism fails. So if she is covered under Service Tax net than she is required to collect and deposit service tax.
One more thing is that you have already missed TDS deposit due dates, because as per your statement you are paying her every month. So as per law you needs to deposit TDS by 7th of Next Month and only for March you can deposit it by 30th April.
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