TDS on Commission/Brokerage Section 194H

As per the provisions of section 194H of the Income Tax Act, 1961, any person making payment of any income in respect of commission/brokerage is required to deduct TDS.

In case of Individual / Hindu Undivided Family (HUF) provisions of section 194H applies only if the total sales / gross receipts or turnover exceeds the monetary limit specified under section 44AB (a) or (b).

---

Meaning of Commission /Brokerage

At the time of understanding the provisions of TDS on commission/brokerage, firstly, it is essential to understand what is commission/brokerage?

Explanation (i) to Section 194H of the Income Tax Act, 1961 contains the meaning of the term ‘Commission or Brokerage’. As per the said Explanation, Commission or Brokerage includes any payment received / receivable (directly or indirectly) by a person acting on behalf of another person for –

-Services rendered (except the professional services); or

-Any service in the course of buying / selling of goods; or

-In relation to any transaction to any asset, thing or valuable article (except securities).

---

TDS on Commission/Brokerage Section 194H

New TDS Deduction Rate is 3.75% and Old Rate is 5%: The person liable to deduct TDS under section 194H of the Income Tax Act is required to deduct TDS @ 3.75%. No additional surcharge, Education Cess or SHE Cess is to be added to the TDS rate of 3.75%.

However, in the absence of PAN, the Deductor would be liable to deduct TDS at the maximum marginal rate i.e. 20%.

Time of TDS Deduction: Section 194H of the Income Tax Act, 1961 requires the Deductor to deduct TDS within earlier of the following dates –

-At the time of credit of commission or brokerage to the account of the payee; or

-At the time of payment of commission or brokerage in cash or cheque or draft or any other mode.

---

Cases wherein TDS not to be deducted under section 194H :

TDS is not liable to be deductible under Section 194H of the Income Tax Act in the following cases –

-The aggregate amount of commission or brokerage credited/paid to the account of the payee doesn’t exceed INR 15,000.

-The Commission or brokerage payable by the Bharat Sanchar Nigam Limited (BSNL) or Mahanagar Telephone Nigam Limited (MTNL) to their public call office franchisees.

-The Bank guarantee commission.

-The cash management service charges.

-TDS on insurance commission is not deductible under section 194H, the same is specifically covered under section 194D.

-The payee has applied for and obtained a certificate from the Assessing Officer under section 197 for NIL or lower deduction of TDS.

-TDS on commission paid by the employer to its employee is deductible as per provisions of section 192 and not under section 194H.

---

Certain important points –

=In case of levy of GST on the commission/brokerage, the Deductor would be required to deduct TDS on the basic value of the commission/brokerage paid and not on the GST component.

=If the commission/brokerage exceeds the exemption limit of INR 15,000, the TDS is to be deducted on the whole amount paid / payable during that Financial Year and not only on the amount exceeding the exemption limit.

=If the agent retains the commission amount while remitting the sale consideration, TDS on such amount of commission is to be deposited by the principal.

Regards

Compiled by CA Sunil Sakral