Hi,
TDS on Rent u/s 194I of Income Tax Act
Manish (salaried employee) (137 Points)
18 November 2008Manish (salaried employee) (137 Points)
18 November 2008Hi,
praveen
(Chartered Accountant)
(6971 Points)
Replied 18 November 2008
You are right u have to deduct tax on Rs.13750 as it is rent and paid to same person by your company.
CA. Yogesh Malpani
(Chartered Accountant)
(216 Points)
Replied 18 November 2008
As per Sec 194I and judicial interpretations u have to see the the portion paid to each joint owners. if the payment to a joint owner does not exceeds 120000 indivisually then NO TDS should be deducted. further income tax act does not say anything about the no of property let out by the joint owners. thats definetly means the no of property does not matter what matters is indivisual payment to joint owner should not exceeds 120000 with taking account all the joint property.
number of agreement is mere for judicial purpose and has no relevance with income tax act.
so in this case the amount paid to A and B should be liable to TDS however C will not be liable to TDS
kumar
(student)
(138 Points)
Replied 18 November 2008
yes as yogesh malpani refferd the provision you need to deduct the TDS for both A and B if the are indiviuals @ 15.45% since total rent payment does not exceed 10 lakhs
kumar
(student)
(138 Points)
Replied 18 November 2008
yes as yogesh malpani refferd the provision you need to deduct the TDS for both A and B if the are indiviuals @ 15.45% since total rent payment does not exceed 10 lakhs
Manish
(salaried employee)
(137 Points)
Replied 19 November 2008
Dear All,
Thanx for the reply. I want to know that if both the premises i.e. Godown and office are located in two different cities and the company who is paying the amount of rent is same for both the premises and the landlord is same than whether the company shall deduct TDS on rent.
CA. Yogesh Malpani
(Chartered Accountant)
(216 Points)
Replied 19 November 2008
yes u have to see the person i.e owner not that property is in two cities or other conditions i.e. agreement. Even if 1 property is in foreign country then also it will be taxable as i mentioned for both
Mukesh Bansal
(Audit Manager)
(30 Points)
Replied 02 December 2008
As per section 194 & circular 715 Tax deduction does not depend upon nomenclature.. Tax has to be deducted from rent paid by whatever name called