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Section 194J Under TDS for Technical/Professional Services Fees

Section 194J Under TDS

TDS Section 194J is getting attention again after Finance Bill 2020, which brings some revisions to Section 194J. The same will come into effect from 1/04/2020. TDS Section 194J of the Income Tax Act 1961 includes provisions regarding the TDS deduction of fees for technical as well as professional services.

We prepared this article to keep you up to date about the changes and to provide a complete overview of Section 194J under TDS. Here you will also get information about the applicability, rate of TDS under section 194J and a lot more.

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    Amendments in TDS Section 194J Due to Finance Bill 2020

    As per the Finance Bill 2020, some amendments have been made to Section 194J under TDS, the same will take effect from 1/04/2020. Now let’s take a look at amendments to Finance Bill 2020

    Read Also: Section 194I, 194IB & 194IC for TDS Under Income Tax Act

    After talking about the changes due to the Finance Bill 2020 let’s back to the basic structure of Section 194J Under TDS

    Who is Liable to Deduct TDS Under Section 194J?

    Everyone except an individual/HUF who is liable to make the following payments to any resident is liable to deduct TDS Under Section 194J:

    Note: It includes Individual/HUF falling under the scope of section 44AB.

    Meaning of Professional Services Under Section 194J

    Read Also: A Brief Study of Newly Added TDS Section 194M

    Meaning of Fees for Technical Services Under Section 194J:

    Payment for the following services comes under the fees for technical services under section 194J:


    Rate of TDS Deduction Under Section 194J

    The rates of TDS deduction under TDS Section 194J are given below in the table:

    CategoryRate
    If Payee is engaged only in the business of the operation of the call centre2%
    If payment is made for royalty for the sale, distribution, or screening of a film2%
    If payment made for technical service2%
    Payee involved in any other business operation or profession comes under the scope of194J10%
    If PAN is not furnished by the payee20%

    Time of TDS Deduction Under Section 194J

    Tax Deducted at Source (TDS) under Section 194J of the Income Tax will be deducted at the time of:

    It is to be noted that the term credit here has an interesting meaning where such amount is transferred to the Payee’s account (called suspense account or any other name) in the books of account of the person liable to make such payment shall be deemed to have been credited to the payee’s account and TDS shall be deducted accordingly.

    The Threshold Section 194J Under TDS

    Section 194J under TDS (Tax Deducted at Source) will be not deducted where the prescribed payment or credit does not exceed the prescribed threshold limit.

    Category Threshold Limit
    Fees for professional services 30000
    Fees for technical services 30000
    Royalty30000
    Non-compete fees30000
    Remuneration/ commission/fees payable to a director of a companyNo such limit

    We would like to mention here that the limit is applied and varies for each of the above services in section 194J under TDS (Tax Deducted at Source). To understand it better we can take an example that if the payment amount to a person towards each of the above categories is less than Rs 30000 but exceeds Rs 30000 in aggregate then TDS is not to be deducted.


    Conditions for Non-Applicability of TDS Section 194J

    There are some cases where TDS Section 194J is not applicable, listed below:

    Notes: Section 44AB(a) is related to those Businesses whose Total turnover or gross receipts for an FY exceeds Rs. 1 crore, whereas Section 44AB(b) is related to those Professionals whose Total Gross Receipts for an FY surpasses Rs. 50 Lakhs.

    Recommended: How New Income Tax Rules Will Affect the TDS You Pay on Services

    General Queries on Section 194J Under TDS

    Q.1 – Who will deduct TDS for services listed under Section 194J?

    The Tax Deducted at Source or TDS liabilities arising from services under Section 194J for professional technical experts or consultants will be paid by the payer at the time of making payment for the respective services used. For example, if the payer has hired an engineer to avail his services, then, the payer is required to make the respective payments after deducting the TDS liability arising from it.

    Q.2 – Should I deduct TDS if the consultancy services of a professional are availed for the personal use of payer before paying his fees?

    No, the taxpayer is not obliged to deduct TDS for the services availed for personal use

    Q.3 – Are there any tax exemptions for TDS under Section 194J?

    The exemption under Section 194J can be availed by a payer if he pays the tax according to the TDS rate, regardless of the total amount payable. The maximum exemptions under such cases id INR 30,000

    Q.4 – I do not have the PAN details of the payee. Should I still deduct TDS u/s 194J?

    Absolutely. Moreover, you should do that without any hesitation as the rate of TDS for those individuals who have submitted their PAN is 10% but for those who have not, it is 20%. You should ask the professional to give the PAN details and if he refuses to do so just deduct the TDS at the rate of 20%

    Q.5 – Will I be penalized for not paying TDS to the government?

    Yes, after the collection of required TDS, the payer is required to submit the respective TDS to the government. If he fails to do so, he will have to face the consequences. The interest at the rate of 1.5% is applicable per month from the date of collection to the date of payment

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