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Is TDS applicable to private companies?

1. Applicability of TDS

  • TDS is applicable on payments such as salary, rent, professional fees, contract payments, interest, and commission
  • Deduction is mandatory if the payment amount exceeds the prescribed threshold under relevant sections
  • Applicable irrespective of company size or profit status

2. Deduction and Deposit Responsibility

  • The company is responsible for deducting TDS at the correct rate while making payments
  • TDS must be deposited with the Income Tax Department by the 7th of the following month
  • Delay in deduction or payment attracts interest and penalties

3. TDS Return Filing

  • Private companies must file quarterly TDS returns in prescribed forms (24Q, 26Q, etc.)
  • Returns must include details of deductees, amounts paid, and tax deducted
  • TDS certificates (Form 16, Form 16A) must be issued to recipients within specified timelines

4. TAN Requirement

  • The company must obtain a Tax Deduction and Collection Account Number (TAN) before deducting TDS
  • TAN must be quoted in all TDS returns and correspondence with the tax department

5. Compliance and Penalty

  • Non-compliance results in interest, late fees, and penalties under Sections 201 and 234E of the Income Tax Act
  • Deducted TDS is treated as a trust money, and failure to remit is considered a serious violation

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