Higher TDS rates for Non-filers of Income-tax

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. 

tds

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.

Critical issues by way for FAQ for new Section 206AB

“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”

Section 206AB introduces a higher levy of TDS on tax defaulters from 01st July 2021

Section 206AB introduces a higher levy of TDS on tax defaulters from 01st July 2021

You must have received contact from your vendors/suppliers/buyers, etc., requesting confirmation that you have submitted your IT Return for the previous two financial years or that your total TDS deducted in the previous two financial years exceeds Rs. 50,000/-.

All of this is due to significant changes in TDS Provisions beginning July 1, 2021.

Let us look at one key modification in TDS regulations that will take effect on July 1, 2021:

 

1) Budget 2021 will see the introduction of Section 206AB:

Section 206AB of the Income Tax Act was added by Finance Act 2021.

Section 206AB has a significant impact on current TDS regulations and rates.

TDS on any payment other than salary is to be deducted at twice the current rates or 5%, whichever is higher if the recipient or deductee has not filed returns of income (ITR) for the previous two financial years for which the time limit for filing ITR has expired and the aggregate of tax deducted at source and tax collected at source in his case is rupees.

If the deductee/recipient has not filed his ITR for the past two financial years and his total TDS and TCS deducted in each of the preceding two years is more than Rs. 50,000/-, the deductor must deduct TDS at:

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whichever of the following rates is higher:

  • (i) at twice the rate mentioned in the applicable Act provision;
  • (ii) at twice the rate or rates in effect; or
  • (iii) at a rate of 5%.

As a result, beginning July 1, 2021, if you are deducting TDS on behalf of a person who has not filed an ITR for the previous two financial years and whose total TDS and TCS exceeds Rs. 50,000/-, you must deduct TDS at twice the standard rate or 5%, whichever is higher.

For example, if you deduct TDS under section 194C, TDS will be deducted at a rate of 5% if the deductee/payee has not filed an ITR for the previous two financial years and their TDS and TCS exceed Rs. 50,000/- in each FY. (twice the rate of 2% = 4% or 5%, whichever is higher, i.e. 5% )

Similarly, if you are deducting TDS under section 194J, TDS will be deducted at twice the rate, i.e. 20% (10% * 2) or 5%, whichever is higher, for a total of 20%.

The government’s plan is to collect tax at source from people who don’t file their tax returns.

Ques: How will we know whether the deductee/recipient of the payment is filing their ITR for the previous two financial years and their TDS exceeds Rs 50,000/- in both previous Financial years?

Ans: The Govt. has come up with a utility where every person can check if their deductee/payee is a specified person on whom a higher rate of TDS is applicable.

If a person is a ‘specified person’ then a higher rate as mentioned above shall be required to be deducted for such person.

You can also make a declaration or an undertaking from all the persons of which you are liable to deduct tax in respect of the same but please note that a declaration or undertaking is no substitute for checking if the person is a specified person from the Govt. prescribed utility.

Ques: What if a specified person on whom the higher rate is to be deducted does not have a PAN?

Ans: Income Tax Act prescribes TDS at 20% where PANis not available.

This new section clearly states that TDS will be deducted at the rate prescribed in this section or 20% whichever is higher.

 

Ques: Whether similar provisions are available in the case of Tax Collected at Source (TCS)?

Ans: Yes, budget 2021 has introduced similar provisions in TCS where a higher rate of TCS is to be collected from a ‘specified person’ who has not filed ITR of two previous financial years and total TDS and TCS exceeds Rs. 50,000/- vide section 206CCA.

 

Ques: ITR for which FY should be filed to determine whether higher TDS is to be deducted or not.

Ans: For FY 2021-22, ITRS for FYs 2019-20 and FY 2018-19 need to be checked. Therefore, if any person has filed ITRs for FY 2019-20 and FY 2018-19 then a higher rate of TDS is not applicable to such person.

ITR for FY 20-21 will not be checked for this purpose as the time limit for filing such a return has not expired yet.

Discussion related to the credit of the TDS

Ques: If a person has not filed ITRs for the preceding two Financial years, whether it is certain that TDS at a higher rate will be deducted?

Ans: Section 206AB/206CCAprescribe two conditions for deduction of tax at the higher rate. Along with filing ITR for the previous two financial years, the total aggregate TDS and TCS of the deductee/payee/recipient of payment should also be Rs. 50,000/- or more in each of the two previous financial years.

Therefore, if the payee/deductee does not have a total aggregate TDS and TCS of Rs. 50,000/- or more during each of the two previous financial years then TDS will not be deducted at higher rates even if such payee/deductee has not filed his ITR for the previous two financial years.

 

Ques: Whether aggregate of TDS and TCS of Rs. 50,000/- is for the payment on which TDS rate is to be checked or is it the total TDS and TCS of the payee/deductee during the FY on all amounts received by him?

Ans: Total TDS and TCS of the payee/deductee on the aggregate of all amounts received by him during the FY is to be checked. Therefore, the total TDS/TCS showing in form 26AS of the deductee for the financial year is to be considered for the purpose of this section.

TDS/TCS amount on that particular payment is not to be considered for determining a higher rate of TDS on such payment.

Section 80GG: Deduction For Rent

House rents can turn into a genuine weight for the most part in the metropolitan urban communities where getting a house on lease is troublesome. Since the interest for the leased house is so high, the lease additionally getting soar as time passes. Be that as it may, in the event that you are a salaried worker and gets HRA or you have your own home in the town, you may require not to stress. Be that as it may, for the individuals who need to lease a house however don’t get HRA (House Rent Allowance), it might hurt their month to month pay. In any case, there is an arrangement in the Income Tax Act, which can be a deliverer for you. Pay Tax Act segment 80GG enables you to guarantee a conclusion on the measure of lease you pay each year.

What is Income Tax Act Section 80GG?

80GG is a segment in the Income Tax Act of India, under which an individual, either individual or HUF can guarantee a derivation on the lease that is paid towards an outfitted or empty house. The house must be being used for their private settlement.

By derivations, here we mean the sum you can deduct from your gross salary of the year to infer at the net assessable pay on which the pay expense would be charged.

How to claim deduction under Section 80GG?

There are sure conditions which you have to meet to be qualified for the reasonings under Section 80GG. Here are those criteria –

  • One can guarantee reasoning under this area in the event that the person is independently employed or salaried.
  • Organizations can’t guarantee conclusion under this area for their rental costs.
  • You being an individual or a Hindu Undivided Family (HUF) must be qualified for get this conclusion.
  • In the event that you are salaried, you should not accepting any HRA advantages and you are not by any means qualified for get thus, to profit the advantage of segment 80GG.
  • In the event that the measure of lease surpasses Rs. 1 lakh, at that point you have to indicate PAN subtleties of the Landlord (proprietor) of the house to demonstrate that you are living there as an occupant on lease.
  • To demonstrate that you are not guaranteeing the finding on a house or a private property that is involved by you in the area or some other area of your work.
  • You can guarantee finding under this segment on any sort of private property which is empty, outfitted or even semi outfitted where you remain as an inhabitant.
  • On the off chance that the citizen gets any sort of comparative derivation in that appraisal year, at that point the individual in question or the HUF can’t get conclusion under this 80GG segment.

What will be the quantum of deduction under section 80GG?

The measure of conclusion can be the least of any of the accompanying three –

  • Rs. 5000 every month or yearly Rs. 60000
  • 25% of the yearly pay of the individual or the HUF
  • Sum inferred in the wake of deducting 10% of the complete pay from the measure of all out lease paid in the money related year.

Examples

For understanding the measure of conclusion that you can be qualified for betterly, here is a precedent.

Assume, your companion Samiksha is procuring Rs. 5 lakh p.a. She lives in Mumbai in a leased loft and pays a lease of Rs.15000 every month. In this way, her all out lease every year is Rs. 180000. Presently, according to the previously mentioned criteria, the three potential outcomes can be –

  • Rs. 60000 every year
  • 25% of 5 lakhs = 1.25 lakhs
  • 180000-(10% of 500000) = Rs.130000

In this way, the least of this three sum is Rs. 60000. So your companion can guarantee and get a finding of Rs. 60000 every year on the all out pay for the lease she pays.

Who can claim Deductions under this act?

An individual who lives in a leased private house and she or he should be an individual or HUF not accepting any HRA from their boss can get the reasoning.

Exemptions

There are sure situations where you can’t guarantee the finding regardless of whether you meet the previously mentioned criteria –

  • You are the proprietor of a house in the city or the town where you are utilized or doing your business (independent work).
  • For them who are remaining with their folks in the parental house, can’t get derivation under this area.

The Trick

Along these lines, you are living with your folks or some other relative where you don’t pay any lease yet need to benefit the finding under 80GG. All things considered, you have to pay the lease to your folks or relative at any rate on paper that is you need the receipts of lease installment of in any event Rs. 60000 to profit the base conclusion. In any case, the contort is your folks need to demonstrate the lease as their salary from lease in their government form.

What is the data required for claiming deduction under segment 80GG?

To guarantee the finding under segment 8oGG, you have to record the essential subtleties.

  • Your name
  • The location of the private reason where you have been living on lease. You need to give the full location the postal code too
  • Your PAN subtleties
  • The residency for which you are living in the leased property
  • Measure of lease and mode (through money, bank store and so on.) of installment
  • The location and name of the proprietor of the house. (for example landowner).
  • As referenced above also, if the lease you pay surpasses Rs. 1 lakh in a year, alongside your PAN subtleties you need to give the PAN subtleties of your proprietor.
  • An affirmation that you don’t possess any private property on your name or your companion name and even on the name of your minor kid or as an individual from HUF.

Synopsis

Under Section 80GG of the Indian Income Tax Act 1961, any individual or HUF (no Companies) can guarantee a reasoning on the measure of lease they pay for their settlement. To guarantee the reasoning the individual or the HUF must act naturally utilized or salaried. Also, in the salaried activity, individual or the HUF must not be qualified for get any HRA (for that appraisal year). The least of Rs. 60000 every year or 25% of the absolute pay in a year or the sum determined by deducting 10% of the all out salary from the complete lease paid in a year can be asserted as the conclusion. The assessee must not claim any private property on his or her name and not even on relatives like a life partner or minor kid’s name, else, they can’t be qualified for get any derivation under this segment.