Tds applicability on fees paid to investment consultant

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My Investment Consultant has given me an offer that he'll provide me good short term investment tips and whatever net profit (after deduction of Brokerage, Taxes, Short Term Capital Gain Tax) is earned at the end of the month from that investment, he'll charge 25% of the net profit earned as his fees / commission.

On this fees do i need to deduct any TDS (I don't have any TAN No.) and can i claim this fees / commission as expenses in my IT returns.

Currently I'm working as Freelance and provide my services in field of Payroll process to few clients.

Raju Patel

Replies (5)
If the income is charged under 'business' head then Yes, you are supposed to deduct tds u/s 194J @ 10% if the amount exceeds 10% and you can also claim this expense. However, if it is charged under 'Capital gains ', then you need not deduct tds nor you can claim the expense.
Tds needs to be deducted there is no other option.
Is tan no. Mandatory for TDs deduction ?

Dear Ms. Ruchi & Mr. Kulkarni,

Thanks for your response.

Further to this query, the trading is done in F&O segment. Some times the contracts are squared off on same day and sometimes in next 2 - 5 days.

As an individual i'm not registered for TAN.

What is the minimum criteria to apply for TAN No. if I'm suppose to deduct TDS?

Still am i supposse to deduct TDS?

Regards

Raju

Dear Raju, There is no minimum criteria for TAN. Just apply in 49B. And the TAN will be alloted to u.


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