A tenant received the tax penalty of Rs 1 lakh by the income tax department despite paying a regular Rs 55k rent per month because he forgot to comply with the tax deducted at source (TDS), according to a report of ET. The tenant neither deducted TDS nor submitted the TDS challan cum return statement.
An tax expert told ET that a tenant named Abhishek forgot to deduct TDS while paying Rs 55,000 per month in rent.
“As per section 271H of Income Tax Act, 1961, if a person fails to comply with TDS provisions and doesn’t file a statement of TDS, there can be a penalty of minimum Rs 10,000 which can be extended to Rs 1 lakh,” he added.
Not all tenant have to deduct TDS. According to section 194-IB of the Income Tax Act, 1961, those who are paying a rent over Rs 50000 per month are required to deduct 2 per cent as TDS and file a TDS challan to make the payment.
Here’s What Tenants Need To Do:
Deduct 2% TDS and file Form 26QC online.
Tenants will get Form 16C once they file Form 26QC.
Tenants must give the Form 16C to the landlord.
Step-by-Step Guide to File Form 26QC (TDS on Rent)
Visit TIN-NSDL: Go to www.tin-nsdl.com, select “Services” > “TDS on Rent of Property” > “Form 26QC.”
Select Form: Choose Form 26QC and click “Proceed.”
Enter Tenant Details: Input tenant’s PAN, name, address, and contact details. Verify with OTP.
Add Landlord Details: Enter landlord’s PAN, name, and address.
Fill Property/Rent Details:Â Provide property address, rent agreement details, total rent, and tenancy period.
Specify TDS Details:Â Enter TDS (2% rate), deduction date, and amount.
Choose Payment Mode:Â Select online (net banking/debit card) or offline (bank payment).
Review & Submit:Â Verify details, enter captcha, and submit. Pay online or save for offline.
Complete Payment:Â Pay TDS online (get CIN) or offline at a bank.
Download Form 16C:Â Log in to www.tdscpc.gov.in, download Form 16C within 15 days, and share with landlord.
Key Things You Should Know:
TDS Rate: 2% (or 20% without landlord PAN).
Due Date: File within 30 days of financial year-end, property vacation, or agreement termination.
Penalties: Rs 200/day for late filing; Rs 100/day for late Form 16C; Rs 10,000-Rs 1,00,000 for non-filing.
Use tenant/landlord PAN; no TAN needed.
Check Form 26AS for accuracy.