The present article features the TDS provisions contained under section 194J of the Income Tax Act, 1961 relating to the TDS deduction on fees for professional or technical services.
Coverage of Section 194J of the Income Tax Act
Every person, except an individual or a HUF, making payment to a resident for notified services is covered under section 194J of the Income Tax Act.
However, it should be noted that, if the gross receipts or sales or turnover of the Individual or a HUF exceeds the monetary limit specified under section 44AB (a) or section 44AB (b), then, they would get covered under section 194J. In short, in case of an individual or a HUF, if they are liable to get their accounts audited, they are required to deduct TDS as per provisions of section 194J.
List of notified services
Every person making payment of the following notified services is required to deduct TDS under section 194J of the Income Tax Act, 1961 –
- Fees for professional services;
- Fees for technical services;
- Royalty;
- Remuneration / fees / commission paid to director of the company (excluding salary);
- Fees paid for not carrying out any activity in relation to any business or profession;
- Fees paid for not sharing any technical know-how, copyright, trade mark, patent or any other business or commercial rights of the same nature.
Understanding the meaning of important terms
1. Professional Services –
The term ‘Professional Services’ means services rendered by a person carrying on –
- Legal;
- Medical;
- Engineering or architectural profession or accountancy profession;
- Technical consultancy or interior decoration or advertising;
- or such other profession as notified by Board for the purpose of section 44AA.
2. Fees for technical services –
The meaning of the term ‘Fees for technical services’ is the same as that provided in Explanation 2 to section 9 (1) (vii).
‘Fees for technical services’ means any consideration for the rendering of any managerial, consultancy, or technical services. It includes the provision of services of technical or other personnel. The term ‘Fees for technical services’ doesn’t include consideration for any construction, mining, assembly or like project undertaken by the recipient or consideration chargeable under the head ‘salary’.
3. Royalty –
The meaning of the term ‘Fees for technical services’ is the same as that provided in Explanation 2 to section 9 (1) (vi).
Time of TDS deduction –
The person who is required to deduct TDS under section 194J shall deduct TDS either at the time of credit of sum to the account of the payee or at the time of payment in cash / cheque / draft or any other mode, whichever is earlier.
Rate of TDS deduction –
The Deductor is required to deduct TDS at the following prescribed rates under section 194J of the Income Tax Act, 1961 –
Threshold Exemption Limit –
TDS is not deductible in case the payment doesn’t exceed the prescribed threshold exemption limit. No TDS is to be deducted if the aggregate amount credited / paid during the financial year doesn’t exceed –
1. INR 30,000 in case of fees for professional services.
2. INR 30,000 in case of fees for technical services.
3. INR 30,000 in case of royalty.
4. INR 30,000 in case of fees paid for not carrying out any activity in relation to any business or profession.
5. INR 30,000 in case of fees paid for not sharing any technical know-how, copyright, trade mark, patent or any other business or commercial rights of alike nature
It should be noted that the threshold exemption limit is not available only in the case of remuneration / fees / commission paid to director of the company (excluding salary).
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