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TDS Return Filing

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TDS Return Filing

Every business, whether a startup or an existing company, is certain to incur some expenses or to make payments to its parties irrespective of its size and scale. Thus TDS provisions apply to all types and size of businesses. It applies in the same or similar way to a proprietor, firm, LLP or a company registered under the companies, Act. 2013. The payment of expense by a person is an Income in the hands of the recipient. Thus the payer is under a liability to deduct the tax at applicable rates while making payment to the party. For small payments, the provision of TDS does not apply until it crosses a threshold limit as prescribed. It must be noted that the TDS is applicable only on the specified payment and after it reaches the threshold limit. The most common types of expenses on which TDS is applicable is provided here.

Key Points about TDS Deduction & Payment

1. Payment of TDS Deducted

The tax deducted at source (TDS) while making payment to parties for qualified expenses must be deposited before 7th of next month. For example, the TDS deducted in November 2017 is payable on or before 7th December 2017. The challan number for making TDS deposit is 281. while making TDS Payment care must be exercised while selecting the appropriate section/nature of the payment.

2. The Consequence of Non-Compliance

The non-compliance with TDS provisions is a grave offense and is punishable under Section 271 (C) of the Income Tax Act 1961, wherein the minimum penalty is 10,000 which can go up to Rs. 1,00,000/-. Further section 276B applies to all such cases where a willful default is established, in all those cases the punishment is 3 Years rigorous imprisonment which can go up to seven years.

3. Interest on Non Payment of TDS

The TDS deducted by a person need to be deposited within 7th day of the next month. Any failure or delay in depositing the TDS is punishable under section 271 C or/and Section 276 B. The defaulter is further liable to pay interest on delayed payment at the rate of 1.5% per month or part thereof. There is no provision in law where the interest can be waived; hence the assessee should be very careful.

4. Filing of TDS Return

After making the payment of TDS to the income tax, the taxpayer is required to file a quarterly return where the TDS deposited is mapped against the PAN of the person from which TDS was deducted. The TDS Return is filed within 30th of the month succeeding the quarter. For example, the first quarter ends on 30th June, hence the TDS Return must be submitted before 30th July.

5. Interest on Non-Deduction of TDS

When a person while making payment for which he ought to have deducted TDS fails in deducting TDS or deducts an amount less than the required amount. In all such cases, the deductor is liable to pay an interest @ 1% per month or part of the month, till the date on which TDS is deducted. Hence, a businessperson must be prudent while making payment to parties and ensure that TDS is deducted.

6. Other Consequences of Default on TDS

The expenses on which TDS was required to be deducted shall be disallowed as an expense under section 40(a) while computing the total taxable income. To understand it quickly let’s take an example of business where the income is 10 lac and the expense is also 10 lac, then effectively there shall be zero income tax, However, if the TDS is not deducted then the tax shall be three lakhs (30% of 10 lakh).

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Interest &Penalty for Late Filing

TDS deducted in a month is required to be paid before 7th day of next month. While making TDS mention correct section in the challan number 281. For TDS payment use separate challan while making payment for specific type (section). Interest on Late Payment is- 1.5% per month or part thereof, The penalty on Late filing of TDS Return is Rs. 200 per day, however it is limited to the TDS amount.

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Due dates for TDS payment & return filing

A. Payment of TDS deducted under various sections of the income tax act: Before 7th day of Next Month

B. 1st Quarter TDS Return (1st April to 30th June): Quarterly on or before 31st July

C. 2nd Quarter TDS Return(1st July to 30th September): Quarterly on or before 31st Oct

D. 3rd Quarter TDS Return(1st October to 31st December): Quarterly on or before 31st Jan

E. 4th Quarter TDS Return(1st January to 31st March): Quarterly on or before 31st May

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Benefits of filing Income Tax Returns

As per the IT Act of 1961 filing TDS return is mandatory as well as it fetches some benefits to person or company. A few advantages of submitting a return and knowing the refund status are:

  • A steady inflow of income to the government.

  • Facilitates a smooth collection of taxes used for welfare.

  • No burden of paying tax lump sum as the payment is done every three months for the whole year

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Documents required to file TDS Return online

The following documents have to be submitted for filing the TDS returns.

  • TAN details

  • PAN details

  • Last TDS filing details, if applicable

  • The period for which TDS has to be filed

  • Date of incorporation of the business

  • No. of transactions for filing TDS returns

  • Name of the entity - Proprietorship/ Partnership/ Company/ LLP

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