Compliance Alert: TDS and TCS Rates for FY 2025-26

TDS

Compliance Alert: TDS and TCS Rates for FY 2025-26

TDS

Tax Deducted at Source (TDS) and Tax Collected at Source (TCS) continue to serve as essential mechanisms for ensuring tax compliance and revenue collection at the transaction stage. With the commencement of Financial Year 2025-26, understanding the updated TDS and TCS rates is critical for individuals, businesses, and foreign entities to ensure timely and accurate tax planning.

TDS Rates for Residents – FY 2025-26

TDS is deducted based on the nature of payment, applicable threshold, and the recipient’s status. Here are key sections to note:

1. Salary & Provident Fund

  • Section 192: Salary – Tax deducted as per income slab rates.

  • Section 192A: Withdrawal from EPF (above ₹50,000) – 10%.

2. Interest Income

  • Section 194A:

    • ₹50,000 for non-senior citizens – 10%.

    • ₹1,00,000 for senior citizens – 10%.

3. Dividends and Securities

  • Sections 193 & 194: Dividend/Interest from securities – 10% (above ₹10,000).

4. Winnings and Lotteries

  • Section 194B: Lottery/crossword winnings (above ₹10,000) – 30%.

  • Section 194BA: Online game winnings – 30%.

  • Section 194BB: Horse race winnings (above ₹10,000) – 30%.

5. Contractor & Professional Payments

  • Section 194C:

    • Individual/HUF contractors – 1%.

    • Others – 2%.

  • Section 194J:

    • Professional fees – 10%.

    • Technical services/call centers – 2%.

6. Rental Income

Section 194I:

  • Rent on plant/machinery – 2%.

  • Other rents – 10%.

7. Other Key Sections

  • Section 194Q: Purchase of goods exceeding ₹50 lakh – 0.1%.

  • Section 194R: Business perquisites – 10%.

  • Section 194S: Virtual Digital Asset transactions – 1%.

  • Section 194T: (New from April 1, 2025) – Payments to partners – 10%.

  • Section 194N: Cash withdrawals – 2% to 5% (based on return filing status).

TDS Rates for Non-Residents – FY 2025-26

Non-resident individuals and entities are subject to higher and fixed TDS rates across various payment categories:

1. Salary & Winnings

  • Section 192: Salary – As per slab.

  • Sections 194B, 194BA, 194BB: Lottery/game/horse race winnings – 30%.

2. Investment Income

Section 195:

  • Capital gains – 12.5% or 20%.

  • Dividend – 10% or 20%.

  • Interest on loans – 20%.

  • Royalty & Technical Fees – 20%.

3. Infrastructure-related Interest

  • Section 194LB: Interest from infrastructure debt funds – 5%.

  • Section 194LC:

    • Foreign currency loans – 5%.

    • Listed bonds in IFSC – 4%.

    • Others – 9%.

4. Other Key Provisions

  • Section 196D: Income from securities (FIIs) – 20%.

  • Section 194T: Partner’s remuneration/interest – 10%.

TCS Rates – FY 2025-26

TCS is applicable when the seller collects tax from the buyer at the point of sale for specific goods or services. Here’s a summary:

1. Common Goods

  • Alcoholic liquor: 1%

  • Timber, tendu leaves: 2%–5%

  • Scrap: 1%

  • Coal, lignite, iron ore: 1%

2. High-Value Transactions

  • Motor vehicles (above ₹10 lakh): 1%

  • Sale of goods exceeding ₹50 lakh (Sec 206C(1H)) – Not applicable where TDS already applies.

3. Overseas Transactions (Section 206C(1G))

  • Foreign remittance (general): 20%

  • Education/medical remittance: 5%

  • Overseas tour package:

    • Up to ₹10 lakh – 5%

    • Above ₹10 lakh – 20%

Key Updates for FY 2025-26

  • Introduction of Section 194T: 10% TDS on partner-related payments by the firm.

  • Revisions to Section 194N: Enhanced compliance based on prior ITR filings.

  • Clarifications under Section 195: Refined TDS rates based on income types for non-residents.

Staying updated on the applicable TDS and TCS rates helps taxpayers—residents and non-residents alike—comply with statutory obligations and avoid interest or penalties. The above summary provides a practical reference to navigate tax withholding and collection for FY 2025-26.

For personalized assistance on withholding tax obligations or cross-border transactions, consult a professional tax advisor or reach out to Certicom Group of Chartered Accountants.

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Compliance Checklist for ESOPs Under Companies Act 2013

ESOPs

Compliance Checklist for ESOPs Under Companies Act 2013

ESOPs

Employee Stock Option Plans (ESOPs) have emerged as a powerful tool for companies to attract and retain talent, especially in start-ups and growth-stage enterprises. By offering employees the opportunity to become shareholders, companies foster a sense of ownership, loyalty, and long-term commitment. ESOPs not only reduce immediate cash outflows by replacing hefty cash rewards but also align employee performance with company growth.

What is ESOP and Who is Eligible?

a) Definition under the Act

Section 2(37) of the Companies Act, 2013 defines Employee Stock Option (ESOP) as the option given to the directors, officers, or employees of a company, its holding, or subsidiary company to purchase or subscribe to shares at a predetermined price on a future date.

ESOPs

b) Eligible Recipients

Employees eligible for ESOPs include:

  • Permanent employees of the company, whether based in India or abroad.

  • Directors of the company (excluding independent directors).

  • Employees of the company’s holding or subsidiary company (domestic or overseas).

Not Eligible:

  • Promoters or persons from the promoter group.

  • Directors holding more than 10% of the company’s equity (directly or indirectly through relatives or entities).

Exception: In case of DPIIT-recognized startups, the above disqualifications are relaxed for a period of 10 years from incorporation.

Key Timelines & Terms: Grant, Vesting, Exercise & Allotment

a) Grant Date

The date on which the company formally grants the options to eligible employees.

b) Vesting Period

The time span between the grant date and the point when an employee earns the right to exercise the options. Minimum vesting period: 1 year.

In the case of mergers or amalgamations, prior holding periods under previous ESOPs may be counted towards the vesting requirement.

c) Exercise Period

Post vesting, this is the timeframe within which employees can exercise their vested options.

d) Exercise Price

The price set by the company for employees to acquire the shares. It can be at a discount or premium but must not be below the par value.

e) Lock-in Period

The period during which employees are restricted from selling the allotted shares. The company has discretion in determining this duration.

Step-by-Step Procedure to Issue ESOPs (Direct Route)

  1. Check Articles of Association (AOA):
    Ensure the AOA authorizes the issuance of ESOPs. If not, amend the AOA accordingly.

  2. Board Meeting:
    Convene a Board Meeting (with at least 7 days’ notice) to:

    • Approve the ESOP Scheme.

    • Approve calling of an Extraordinary General Meeting (EGM).

  3. EGM Notice:
    Send the notice with explanatory statements to all stakeholders at least 21 days before the meeting.

  4. Shareholder Approval:

    • Private Companies: Ordinary Resolution.

    • Public Companies: Special Resolution.

  5. Mandatory Disclosures:
    Disclose all details as mandated under the Act and relevant rules in the EGM explanatory statement.

  6. Grant of Options:
    Once approved, issue the ESOP grants to eligible employees.

  7. ROC Filings:
    File Form MGT-14 with the Registrar of Companies within 30 days of shareholder resolution.

  8. Maintain Registers:
    Maintain Form SH-6 – Register of Employee Stock Options. Entries must be made promptly.

  9. Share Allotment Post Exercise:
    After the vesting period, on receiving exercise requests from employees, convene a Board Meeting to allot shares under the ESOP scheme.

Rights and Restrictions for Employees Holding ESOPs

  • Resignation or Termination:
    Unvested options lapse. Vested options may be exercised within a specified time as per scheme terms.

  • Transferability:
    ESOPs are non-transferable and cannot be pledged, mortgaged, or encumbered.

  • In the Event of Death:
    All granted options vest immediately and may be exercised by legal heirs or nominees.

  • In the Event of Permanent Incapacity:
    All granted options vest immediately upon incapacity.

Read More: Income Tax Return (ITR) Filing for AY 2025-26: Essential Documents You’ll Need

When implemented correctly, ESOPs can significantly boost employee morale, commitment, and performance. They serve as an excellent alternative to high cash compensation while driving employee alignment with company goals. However, the success of an ESOP Scheme hinges on robust legal compliance, clear documentation, and strict adherence to statutory provisions under the Companies Act, 2013 and relevant rules.

Proper planning, timely filings, and transparent communication are critical to avoid legal pitfalls and ensure long-term benefits for both the company and its employees. A well-structured ESOP plan is a strategic investment in talent that can accelerate a company’s growth trajectory.

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Income Tax Return (ITR) Filing for AY 2025-26: Essential Documents You’ll Need

ITR

Income Tax Return (ITR) Filing for AY 2025-26: Essential Documents You’ll Need

ITR

The window for filing Income Tax Returns (ITR) for Assessment Year 2025-26 is now open, and taxpayers can complete the process via the official Income Tax e-filing portal. While the return itself is annexure-less—meaning you don’t need to attach supporting documents during submission—it’s crucial to have all relevant paperwork handy to ensure accuracy and avoid future scrutiny.

No Attachments Required, But Document Details Are Crucial

According to the Income Tax Department, you are not required to attach any physical or scanned documents (such as TDS certificates or investment proofs) when submitting your return online or offline. However, you must keep these documents safely as they may be required later for assessment, verification, or in response to any queries from the tax authorities.

Important Preparatory Steps Before Filing ITR

Before jumping into the return filing process, here are a few things to take care of:

  • Link your PAN and Aadhaar to avoid delays in e-verification.

  • Pre-validate your bank account to receive any income tax refund directly.

  • Choose the correct ITR form based on your income sources (salary, business, capital gains, etc.).

  • Select the appropriate tax regime – old or new – depending on which gives you better tax benefits.

Key Documents Required to File Your ITR for AY 2025-26

Although you won’t be uploading these, the information contained in the following documents will be essential for completing your ITR accurately:

📄 Form 16

Issued by your employer, Form 16 gives a detailed summary of your salary, deductions, and TDS (Tax Deducted at Source).

📊 Form 26AS & Annual Information Statement (AIS)

These forms provide a consolidated view of all taxes paid on your behalf, including TDS, TCS, and advance tax. AIS also includes details of income from interest, dividends, stock transactions, etc.

📄 Form 16A

If you’ve earned non-salary income (like interest or professional fees), Form 16A details the TDS deducted on those incomes.

ITR

🏦 Bank Account Statements

Used to verify interest income, large transactions, and cross-check against AIS data.

🏠 Home Loan Interest Certificate

If you’re claiming deductions under Section 24(b) for housing loan interest, this certificate from your lender is required.

📑 Investment Proofs

To claim deductions under Section 80C, 80D, etc., retain premium receipts for:

  • LIC / ULIP

  • PPF / ELSS / NSC investments

  • Mediclaim and health insurance

🧾 Rent Receipts and Rental Agreement

Needed if you’re claiming HRA exemption or deductions for rent paid under Section 80GG.

💝 Donation Receipts

If you’ve donated to charitable institutions, you’ll need the 80G receipts to claim deductions.

Filing your income tax return doesn’t need to be overwhelming if you’re well-prepared. Keep these documents organized, verify all figures, and complete the filing well before the deadline to avoid last-minute stress or penalties. And remember—while you may not need to submit documents during filing, maintaining proper records is essential in case the Income Tax Department asks for them later.

If you’re unsure about which deductions apply to you or need help navigating the old vs. new tax regimes, consult a tax professional for personalized guidance.

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