As per Finance Bill of 2019, "TDS on PAYMENTS TO RESIDENT CONTRACTORS AND PROFESSIONALS" is applicable to Individuals and HUFs (Hindu Undivided Family) making ‘Payments to Resident Contractors and Professional’ value greater than ₹ 50,00,000. Section 194M of the Income Tax Act, 1961 states that for all the transactions with effect from September 1, 2019, Tax @ 5% should be deducted by the Payer/Deductor at the time of making ‘Payments to Resident Contractors and Professional’ Tax so deducted should be deposited to the Government Account through any of the authorized bank branches.
Points to be remembered by the Payer/Deductor:
- All individuals or HUFs (except those liable to audit under clause a and b of section 44AB) making payment to a resident greater than ₹ 50,00,000 are liable to deduct TDS under section 194M.
- Tax @ 5% to be deducted from the payment made to the Payee/Deductee.
- Collect the Permanent Account Number (PAN) of the Payee/Deductee and verify the same with the Original PAN card.
- PAN of the Payee/Deductee as well as Payer/Deductor should be mandatorily furnished in the online Form used for furnishing information regarding the payment.
- Do not commit any error in quoting the PAN or other details in the online Form. For the purpose of error rectification you have to contact Income Tax Department.
- Download and furnish TDS certificate in Form 16D from TRACES and issue to the Payee/Deductee within 15 days from the due date of furnishing of the challan-cum-statement in Form 26QD.
Points to be remembered by the Payee/Deductee
- Provide PAN to the Payer/Deductor to furnish the information regarding TDS to the Income Tax Department.
- Verify deposit of taxes deducted by the Payer/Deductor in your Form 26AS Annual Tax Statement.
- Insist on obtaining Form 16D from the Payer/Deductor which has been downloaded from TRACES website only.
- The Payee/Deductee can apply to the Assessing Officer under Section 197 to obtain Nil or Lower TDS certificate in respect of sum paid or payable which are subject to TDS under section 194M if his estimated tax liability are justified to the satisfaction to the Assessing Officer to issue such certificate.