Thursday, May 9, 2024
Thursday, May 9, 2024

Analysis of the Latest TDS Rates and TDS on Professional Fees Limit  for FY 2023-24

by Swati Raghuwanshi
TDS on Professional Fees Limit for FY 2023-24

In India, keeping up with tax regulations and provisions is an important component of an eligible person’s financial strategy. Understanding the latest and most recent tax Deducted at Source (TDS)  on TDS on professional fees limit for fy 2023-24  is essential to minimizing tax burdens and ensuring conformity. In order to understand the latest TDS rates it’s important to compare them with the TDS on professional fees limit for fy 2021-22. Using the assistance of this comprehensive reference, professionals may stay up to date on the latest advancements and make wise financial decisions. 

What do you Mean by TDS? 

TDS stands for Tax Deducted at Source. It’s a mechanism where tax is deducted by the payer at the time of making certain payments which includes but not limited to the salary, interest, rent, etc., and deposited with the government of India. It is really important to understand the various things which have been discussed in the current blog with respect to TDS. Hence must go through the present blog till its last line. Whether you are a professional or a regular tax payer, it will be helpful for you in many ways. 

Complete Analysis of Tax Deduction at Source 

Tax Deducted at Source is called TDS in short. The government of India uses this tax-collecting system (TDS) on professional fees to make certain that fees are taken out at the source of revenue. After that, the person who paid sends this withheld tax back to the governing body. 

TDS is gathered from many sources of income, like commissions, fees from any profession, dividends, accrued interest, wages, etc. The goal of TDS is to accumulate taxes ahead of time to ensure an ongoing supply of income for the government and encourage compliance by taxpayers. 

Professional fees are accounts of money provided to experts by companies or individuals as payment for activities. When specialists, such as advisors, freelancers, and contractors, are paid for assistance provided, TDS on professional fees is payable. Before paying the payee, the payer must deduct TDS at a set rate. 

Overview of  Section 194J of the Income Tax Act 1961

The deduction of taxes at their source from professional fees and limits is discussed under section 194J of the IncomeTax Act. This section lays out the TDS requirements that pertain to the payment received for technical or expert assistance rendered by individuals, businesses, or organizations. 

Important Points Under Section 194J

In the most recent copies of Section 194J, any revisions or notices from the Income Tax Department are important for complete conformity to TDS on professional fees limit.

  • Payment Category: Funds for professional or technical work, such as fees for services executed by attorneys, accountants, advisors, designers, engineers, and the like, are covered under Section 194J.
  • Rate of TDS: Currently, professional fees imposed by Section 194J have a 10% TDS rate. However, depending on the nature of expert assistance rendered, the charge could fluctuate. 
  • Threshold Limitation: When the total sum received or credited during the fiscal year is above Rs. 30,000, TDS on consultancy fees is deductible. The above restriction applies to each payee on a person-to-person basis.
  • Allowances: Under Section 194J, some settlements, like those paid to the executive branch RBI, local governments, or designated entities are free from TDS. Exceptions to the rule yet could change according to the Income Tax Act’s specific clauses and circumstances.
  • File TDS Reports: During the allotted time frames of reference, deductors must file return forms for TDS and provide TDS certificates (Form 16A) to the payees.

Example of Tax Deducted at Source 

Let’s assume Mr. B, a legal advisor, is hired by XYF Pvt. Ltd. to render legal advice solutions for the 2023–2024 fiscal year. For Mr. B’s assistance, a professional fee of Rs. 50,000 has been negotiated. Before paying Mr. B, XYF Pvt. Ltd. will deduct TDS or Tax Deduction at Source  on professional fees at an appropriate rate as the amount paid to him. It is over the Rs. 30,000 threshold limit as mentioned in this section. Also, to indicate the TDS deducted and paid with the authorities, XYF Pvt. Ltd. has to file a tax deduction return and provide Mr. B with a TDS certificate (Form 16A).

Consequences of Non Payment of TDS 

Some of the key consequences of non payment of TDS are discussed below: 

  • Interest needs to be paid on the TDS amount from the date on which it is needed to be deducted to the actual date of the deduction of the TDS 
  • Penalty may be levied on the taxpayer by the department of Income Tax 
  • Disallowance of expenses while calculating the income for income tax 
  • Prosecution is also possible where there are serious tax default 
  • Legal proceedings will be started against such defaults under the Income Tax Act of India 
  • Blacklisting is also possible, hence don’t try to default with the same 
  • Increased scrutiny which may cause more inconvenience for you 
  • Loss of trust, which is significant in the business industry 

Some TDS Upgrades in the 2023–2024 Fiscal Year (AY 2024–2025)

Some important updates and amendments with respect to the fiscal year 2023-2024 are as follows:

  • TDS on Wins from Online Gambling: A 30% TDS rate was implemented on profits from gambling revenue. 
  • Reducing TDS on EPF Removal: The highest marginal rate for those without PAN was previously 20%. This represents a reduction in the TDS rates on EPF payouts. 
  • No Exemption for Listing Debentures: The listed debt instruments’ interest was no longer exempt from TDS. Dividends paid on these securities are now subject to TDS.
  • PAN and TDS: PAN is important because, without it, a service owner’s TDS rate straight rises to 20%. To prevent larger deducting expenses, make sure your PAN is updated.

List of Things on which TDS is Applicable 

Some of the key things on which TDS is applicable are given below: 

  • Salary payments
  • Interest on fixed deposits
  • Interest on savings accounts
  • Commission payments
  • Professional fees
  • Rent payments
  • Contractor payments
  • Freelancer payments
  • Royalty payments
  • Dividend payments
  • Insurance commission payments
  • Lottery winnings
  • Interest on securities
  • Call center services payments
  • Technical testing and analysis payments
  • Sale of motor vehicles
  • Franchise fees payments
  • Catering services payments
  • Advertising services payments
  • Purchase of property (TDS on property sale)
  • Payments for professional or technical services
  • Payments for works contract
  • Payments to non-residents
  • Payments to contractors and sub-contractors
  • Payments for plant and machinery
  • Payments for transport services
  • Payments for brokerage or commission
  • Payments for royalty on patents
  • Payments for rent of land or building
  • Payments for call center services
  • Payments for interest other than interest on securities
  • Payments for fees for professional or technical services
  • Payments for winnings from horse races
  • Payments for winnings from lotteries or crossword puzzles
  • Payments for insurance policies
  • Payments for medical and health services
  • Payments for certain agricultural operations
  • Payments for securities transactions
  • Payments for sale of goods
  • Payments for advertisement contracts
  • Payments for film distribution or exhibition
  • Payments for contractor services for advertisements
  • Payments for sale of immovable property (TDS on property sale)
  • Payments for remuneration or commission to insurance agents
  • Payments for professional or technical services rendered outside India
  • Payments for winning from horse races
  • Payments for winning from lotteries or crossword puzzles
  • Payments for contractors and subcontractors
  • Payments for works contract
  • Payments for fees for professional or technical services
  • Payment of TDS on subscription fees 

Conclusion

For this fiscal year, there were no specific adjustments implemented to the professional fee limitations or rates. It’s important to keep up with the latest developments in the TDS context, though, since other basic changes have been accepted, such as the launch of TDS for online gaming. To compute and deduct TDS from different payments effectively.

It is imperative to stay informed about any modifications to TDS rates on professional fees, thresholds, and limitations. Penalties and legal implications may arise from exceeding TDS requirements. Therefore, to properly handle TDS requirements, people and companies should exercise care and, where needed, obtain advice from tax specialists with respect to anything like TDS on membership fees, penalties, interest rates, payments of tax etc. 

FAQs:

  1. What is TDS on professional fees, and when is it applicable?

Tax Deducted at Source which is commonly uttered as TDS, is a 10% tax that is paid at the source from professional fees and if exceeds ₹30,000 per annum then it will be applied.

  1. What is the current TDS rate on professional fees?

In India, the TDS or Tax Deducted at Source, rate on professional fees is now 10%, hence it is the current TDS on the professional fees which must be levied. 

  1. Is there a specific limit for TDS on professional fees?

Yes, TDS or Tax Deduction at Source on professional fees is subjected to only once the entire amount for the fiscal year reaches ₹30,000. There is no need for a TDS deduction to lower this amount. Hence as a taxpayer you must be aware about this limit. 

  1. How does TDS on professional fees differ from TDS on consultancy fees?

Both are similar; under the same provision 194 J of the Income Tax Act, TDS or Tax Deduction at Source on professional fees and on consulting costs are defined equally. 

  1. Is there a dedicated team at Startupfino to address queries related to TDS on professional fees and other tax matters?

Using websites that feature inquiry forms so that you can submit your inquiries directly, Startupfino probably has tools or professionals who can answer your queries about TDS on professional expenses and other tax matters.

  1. What role does Startupfino play in ensuring that businesses stay updated on changes and amendments in TDS regulations?

Typically, Startupfino acts as an online hub that gives entrepreneurs and organizations access to tools, knowledge, and advice. This includes providing updates on modifications and revisions to TDS rules with articles, e-newsletters,s and expert views, and organizing workshops or seminars. 

  1. Can Startupfino provide consultation on tax planning strategies to minimize TDS liabilities on professional fees?

Yes, Startupfino probably provides tax-planning guidance to help reduce TDS liabilities; nevertheless, it’s best to get verification by getting in touch with them. They have a professional and experienced team of advocates, CA and CS who will work on your behalf and with the help of them they will consult on tax planning strategies to minimize TDS liabilities on professional fees.  

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