Earlier Director Remuneration paid by company is being treated as Salary under section 192, but now after budget 2012, Director Remuneration will be covered under section 194J and TDS will be deducted @ 10% under Fee for professional or technical services under section 194J.
Under the existing provisions of the Income-tax Act, a company, being an employer, is required to deduct tax at the time of payment of salary to its employees including Managing director/whole time director. However, there is no specific provision for deduction of tax on the remuneration paid to a director which is not in the nature of salary.
It is proposed to amend section 194J to provide that tax is required to be deducted on the remuneration paid to a director, which is not in the nature of salary, at the rate of 10% of such remuneration.
The above change will be in case of non executive directors remunerations i.e. not in the nature of Salary.
The remuneration paid to WTD/MD which are in the nature of salary are continue to be treated as salary. However, as earlier there was no separate provision for the treatment of remunerations paid to directors which are not in the nature of salary and thus it also included in the salary.
Now there is a separate provision and all the above remuneration paid to directors which are not in the nature of salary are to be covered under 194J and TDS will be deducted @ 10%.
This amendment will take effect from 1st July, 2012.
CAclubindia
