Note

Paying contractors, rent and professionals: when a small business must deduct TDS

Last reviewed Published · CA Arunkumar Ramasamy

Tax deducted at source is the obligation that catches small businesses by surprise, because it is triggered by what you pay, not what you earn. A business that has never received a notice about its own income can receive one for the tax it failed to deduct from a contractor's bill two years ago — with interest, and with the expense itself disallowed.

Who must deduct

Companies, LLPs and partnership firms always. An individual or HUF running a business must deduct once the business crossed the tax-audit turnover limit in the previous year — ₹1 crore of turnover for a business, ₹50 lakh of receipts for a profession, as reviewed on 16 September 2026. Below that, an individual is exempt from most of these deductions, with two exceptions that apply to everyone: rent above ₹50,000 a month, and the purchase of immovable property above ₹50 lakh.

The payments, the thresholds, the rates

Under section 393 of the 2025 Act (formerly sections 193 to 196D of the 1961 Act). Figures as reviewed on 16 September 2026; the calendar and the portal prevail.

PaymentDeduct whenRate
Contractors — job work, transport, labour, advertising (formerly 194C)A single bill above ₹30,000, or ₹1,00,000 to one payee in the year1% to an individual or HUF; 2% to others
Professional and technical fees — CA, lawyer, architect, consultant, software services (formerly 194J)Above ₹50,000 to one payee in the year10% for professional fees; 2% for technical services and for call centres
Rent — premises, land, furniture (formerly 194-I)Above ₹6,00,000 to one landlord in the year10%; 2% for plant and machinery
Rent paid by an individual or HUF not covered above (formerly 194-IB)Above ₹50,000 a month2%, through a challan-cum-statement, once a year or when the tenancy ends
Commission or brokerage (formerly 194H)Above ₹20,000 in the year2%
Purchase of immovable property (formerly 194-IA)Consideration of ₹50 lakh or more1%, through a challan-cum-statement within 30 days of the month-end
Purchase of goods from one supplier (formerly 194Q) — buyers with turnover above ₹10 croreAbove ₹50 lakh from one supplier in the year0.1% on the excess

Where the payee has not given you a PAN, the rate rises to 20%. Where the payee has not filed returns for the previous year and TDS in that year exceeded ₹50,000, a higher rate applies too.

Deposit and report

  • Deposit by the 7th of the following month (30 April for March deductions).
  • Quarterly statement — Form 140 (formerly 26Q) for payments to residents — by 31 July, 31 October, 31 January and 31 May.
  • Certificate to the payee — Form 131 (formerly 16A) — within 15 days of filing the statement. Without it, they cannot claim the credit and will come back to you.

All of this needs a TAN. A business without one cannot deposit or file.

What it costs to skip

Three things, in order of pain. Interest at 1% a month for not deducting and 1.5% a month for deducting and not depositing. A late-filing fee of ₹200 a day on the statement, capped at the tax involved. And the disallowance: 30% of any payment on which tax should have been deducted is added back to your income until the tax is deposited. On a ₹10 lakh contractor bill, that is ₹3 lakh of extra taxable income for a ₹20,000 deduction you did not make.

This note is general information, not advice on anyone's facts. Send an enquiry about a specific matter.

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