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Tds implications on co lending activities of bank and nbfc

Urvashi Jain (23 Points)

11 August 2022

what are tds implications when a bank and a nbfc enter into a co-lending arrangement?

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Sai Allu (754 Points)
Replied 21 August 2022

The Council has asked the government to exempt tax deduction at source (TDS) on interest payment made to NBFCs. Under Section 194A of Income Tax Act, tax is required to be deducted at the rate of 10 per cent from interest paid to NBFCs, FIDC said.

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Adv. Ravish Bhatt, ADIT, CIOT (Dual Qualified Lawyer/ Solicitor International Tax Affiliate CIOT) (1110 Points)
Replied 22 August 2022

Payment of interest requires withholding of tax in terms of s.194A. No deduction however is required if payment is being made to a bank but deduction will be required for payment to NBFC.

While I don’t see any precedent as regards co lending arrangement as of now. But how I look at the things is that co lending to priority sector happens with involvement of bank, NBFC and borrower in terms of RBI guidelines.

However, RBI guidelines in respect of co lending arrangement provides for a common escrow account for pooling respective loan contributions as well as disbursal and also for appropriation of loan repayments. They also provide for entering into a Master Agreement to specify the manner of appropriation between co lenders. If all installments are received in an escrow account, terms of escrow account agreement and master agreement between co lenders along side the agreement with the borrower could possibly determine what component that could be considered to have been paid to NBFC and subject to TDS.

Author: Advocate Ravish Bhatt
Gmail: ravishdbhatt @ gmail.com
Link to Linkedln Profile: https://bit.ly/3IDGfsU

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