Higher TDS rates for Non-filers of Income-tax
If you have not filed your income tax returns for the last two years, and the total on your tax deductions exceeds Rs 50,000 or more in each of the preceding two years, you will be subject to a higher TDS.
Concerned about all the hype around increased TDS deduction? Wondering what it is all about? Don’t worry, we’ve got you covered. Here is a detailed explainer on TDS (Tax deducted at source) and all the new rules surrounding it.
The Central Board of Direct Taxes (CBDT) in a circular dated 25th June 21, notified the extension of TDS filing due date for the fourth quarter of FY 2020-21 to 15th July 21, from its previous deadline of 30th June 21. It also introduced three major TDS/ TCS changes per the Finance Act, 2021. These changes are enforceable starting 1st July 2021.
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What is TDS?
Simply put, TDS or Tax deducted at source is when a company or a goods/service provider deducts tax at the point of contact i.e. source if the payment amount exceeds a certain limit. For instance, under Section 192 of the IT Act, which details salary payments, a TDS amount per your income tax slab rate is required to be deducted.
On the other hand, a TDS of 30 per cent is deducted under income classified under Section 194B, which includes winning money by way of lotteries, card games, crosswords, and more.
What are the new changes that have been introduced?
Following two noteworthy changes have been mandated with regards to this :
Higher rate of TDS/TCS deduction
If you have not filed your income tax returns for the last two years, and the total on your tax deductions exceeds Rs 50,000 or more in each of the preceding two years, you will be subject to a higher TDS. Now, this higher TDS can mean two things- either double the specified TDS rate or 5 per cent, whichever is higher.
This rule, introduced via the Finance Act, 2021 falls under two recently created sections of the IT Act, namely 206AB (deduction of TDS at higher rates) and 206CCA (collection of TCS at higher rates). You can also check the applicability of these sections on your income status by using the “Compliance Check” tool on the Income Tax department’s website.
However, section 206AB will not be applicable on the following, amongst others:
Section 192 (Salary) or Section 192A (Withdrawal of Provident Funds) Section 194B/194BB: Winnings from card games, lotteries, horse races, etc. Section 194LBC: Income against investment in securitization trust.
TDS deduction for an amount exceeding Rs 50 lakhs or more CBDT also notified that the buyers would be required to deduct tax at source at the rate of 0.1 percent of the amount, in case the aforementioned payment or credit exceeds Rs 50 lakhs. This is only applicable with respect to the purchase of goods. Notably, the TDS will be levied only on the extra sum. For instance, if the total payment for goods purchased to be made by Mr. A to Mr.B stands at Rs 62,00,000, the TDS deduction would be calculated as follows: Rs 62,00,000-Rs 50,00,000 = Rs 12,00,000 TDS= Rs 0.1% (12,00,000)= Rs 1,20,000
What are the experts saying?
Bhavesh Jindal, a Ludhiana-based Chartered Accountant and a Tax associate with Ashwani and Associates say that the Finance Act, particularly sections 206ABand 206CCA, leaves a lot of room for contradictions and unanswered questions.
“As simple as it may sound, it has a lot of complexities to ascertain which two preceding years will be considered. It has also increased the compliance burden of the large corporate and MNCs, which have a large number of deductees, making it very easy to lose track. In fact, the department, with this rule, has created a certain contradiction, as filing of return is not mandatory if income is less than Rs. 2,50,000/-. Yet this section makes filing of return mandatory indirectly, to avail refunds of TDS/TCS or suffers higher deductions”