TDS on Profession

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Fees for professional or technical services (Section 393(1))

Nature of paymentNew provisionSection CodeRateThreshold
Technical services (other than professional services)Section 393(1), Table 6(iii).D(a)10262%₹50,000
Royalty for sale/distribution/exhibition of cinematographic filmsSection 393(1), Table 6(iii).D(a)10262%₹50,000
Professional servicesSection 393(1), Table 6(ii).D(b)102710%₹50,000
Other specified sums under Section 26(2)(h)Section 393(1), Table 6(ii).D(b)102710%₹50,000
Director’s remuneration / fee / commission other than salarySection 393(1), Table 6(iii).D(b)102810%₹50,000

Applicability:

TDS is applicable where a specified person pays a resident any sum covered by the professional/technical-service provisions.

  1. Fees for professional services
  2. Fees for technical services
  3. Royalty covered by the provision
  4. Director’s remuneration, fees or commission, other than salary
  5. Non-compete Fees (e.g., for not carrying out business, or not sharing know-how, patents, etc.)

Who is not liable to deduct TDS?

An individual or HUF is generally not required to deduct TDS on professional/technical fees where the payment is not covered by the specified-person requirement.

Example

Mr. Mahesh hires an event manager for his personal marriage and pays ₹1,20,000.

Since this is a personal payment by an individual, TDS under the professional-fee provision is Nil

⏳ Time of Deduction:

TDS must be deducted whichever is earlier of:

  1. Date of Payment
  2. Date of Credit to the payee’s account (including suspense or provision accounts)

Professional Services:

Professional services broadly include services rendered in connection with professions such as:

  • Legal
  • Medical
  • Engineering
  • Architectural
  • Accountancy
  • Technical consultancy
  • Interior decoration
  • Film artist
  • Company Secretary
  • Authorised representative
  • Certain other notified professional services.

Technical Services:

Technical services generally cover services of a:

  • Managerial nature
  • Technical nature
  • Consultancy nature

Royalty:

Royalty may cover consideration for rights or use relating to matters such as:

  • Transfer of rights or usage of an invention, model, design, trademark, patent, etc.
  • Use of patents, inventions, designs, etc.
  • Provide any information related to using an invention, patent, formula, etc.
  • Transfer of rights related to scientific findings, literary work, films or videotapes for radio broadcasting but does not include consideration for the sale, exhibition, or distribution of cinematographic films.
  • Providing any information related to technical, industrial, commercial or scientific knowledge, experience or skill.

Non-compete Fees

Paid to restrict a person from:

  • Engaging in a business/profession
  • Sharing technical knowledge, trademarks, licenses, etc.

Exclusions:

  • Pure Reimbursements: If raised separately and no profit element, TDS not applicable.
  • Machine-based or automated services with no human effort = Not covered under “technical services”.
  • Personal Services paid by Individual/HUF = TDS not applicable.

Rate of TDS:

  • 2% in case of fees for technical services (not being professional services) or royalty where such royalty is in the nature of consideration for sale, distribution or exhibition of cinematographic films; and
  • 10% in other cases.

Threshold limit:

ParticularsRateThresholdNew Section Code
Professional services10%₹50,0001027
Technical services2%₹50,0001026
Royalty – cinematographic films2%₹50,0001026
Other applicable royalty10%₹50,0001027
Director’s fees/commission10%₹50,0001028
Other specified sums10%₹50,0001027
Mr. Mahesh has taken services of an event manager for his marriage and paid u20b91,20,000. What is the TDS amount?
  • Nil
  • u20b920,000
  • u20b912,000
  • u20b92,400
XYZ Ltd. pays u20b960,000 as professional fees to Mr. Ganesh and u20b945,000 as technical fees during the tax year. Assuming these are the only payments in the respective categories, what is the TDS?
  • u20b91,860
  • NIL
  • u20b96,000
  • u20b99,300

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