Tuesday, October 6, 2009

FAQs on applicability of Surcharge and Cess on TDS after budget 2009 and on new TDS rate

FAQs on applicability of Surcharge and Cess on TDS after budget 2009 and on new TDS rate

 

1. What is the date when the Finance Bill became Finance Act 2009?

  • 19-08-2009

2. In which cases surcharge on TDS rates is NOT applicable?

  • On all payment to residents
  • On all payment to non-corporate non-residents
  • On all payments to foreign corporate if total payment is less than 1 Crore

3. In which cases surcharge on TDS rates is applicable?

  • On all payments to foreign corporate if total payment is more than 1 Crore

4. In which cases Education Cess, Secondary and Higher Education Cess is NOT applicable?

  • On all payments to residents except salaries payment

5. In which cases Education Cess, Secondary and Higher Education Cess is applicable?

  • On salaries
  • On all payment to non-residents and foreign companies

6. What is the effective date for above changes in applicability of surcharge and education cess?

  • These changes are applicable on the passing of Finance Bill. This date is 19-08-2009. However there are different views on applicability date. One view is that since these changes are for the full financial year, one can take benefit of Section 294 of the income tax Act and start applying this rate from the date of presentation of finance bill.

Note:

  • In our view also the same is applicable from 01.04.2009

Please ask your tax consultant for more clarifications.

Status Payment Surcharge

Cess

 

Resident Corporate Other than Salaries N N
Resident Non-corporate Other than Salaries N N
Resident Non- Corporate Salaries N Y
Non-Resident Corporate <= 1 crore N Y
Non-Resident Corporate > 1 crore Y Y
Non-Resident Non- Corporate N Y

7. There has been change in TDS Rates for 94C- Contractual Payments and 94I- rental payments. What is the effective date for the same?

  • These changes are applicable from 01-10-2009.

8. Apart from the above, is there any other change in the TDS Rates?

  • Yes. The maximum rate of TDS is normalised to 10% in most cases. Please refer to the TDS Rate Chart for FY 2009-10

9. What about penal rate of 20% where valid PAN is not given?

  • This provision is applicable from 01-04-2010. Till such time even if valid PAN is not given, normal rate will be applied.

9. What is your source of above information?

  • Applicability of surcharge is mentioned in Clause (5), (6), (7) and (8) in Chapter II of the Finance (No 2) Act, 2009.
  • Applicability of Education Cess: Clause (11). Applicability of Secondary and Higher Education Cess: Clause (12).

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UPDATES - TDS wef 01 Oct 09

TDS / TCS RATE CHART APPLICABLE FROM 01.10.2009

 

Sr No

Section

HEAD

Threshold Limit

Individual /HUF

Any Other Entity

 

 

 

 

 

 

 

 

1

192

Income from Salary

0

Average Tax rate

N.A.

 

2

194A

Interest from a Banking Company

Rs. 10,000/- p.a

10%

20%

 

3

194A

Interest other than from a Banking Co.

Rs. 5,000/- p.a

10%

20%

 

4

194C

Payment to Contractors

Rs.20,000/- per contract or Rs. 50,000/- p.a

1%

2%

 

5

194C

Contractor / Sub-contractor in transport business ( If PAN Quoted)

-

Nil

Nil

 

 

6

194C

Contractor / Sub-contractor in transport business ( If PAN not Quoted)

-

1%

2%

 

 

7

194C

Payment to Sub-Contract/Adv Contract

Rs.20,000/- per contract or Rs. 50,000/- p.a

1%

2%

 

 

8

194I

Rent on Plant / Machinery

Rs. 1,20,000/- p.a

2%

2%

 

9

194I

Rent Other then Plant / Machinery

Rs. 1,20,000/- p.a

10%

10%

 

10

194J

Fees for Professional / Technical Services

Rs.20,000/-p.a

10%

10%

 

11

194B

Winning from Lotteries & Puzzles

 

30%

30%

 

12

194B

Winning from Horse Races

 

30%

30%

 

13

194E

Non-resident Sportsman or Sports Association

 

10%

10%

 

14

194G

Commission on Sale of Lottery Tickets

 

10%

10%

 

15

194H

Commission/Brokerage

Rs. 2,500/- p.a

10%

10%

 

 

 

 

 

 

 

 

TAX TO BE COLLECTED AT SOURCE (TCS)

 

 

 

 

 

 

 

 

16

 

Scrap

 

1%

1%

 

17

 

Tendu Leaves

 

5%

5%

 

18

 

Timber obtained under a forest lease or other mode

 

2.50%

2.50%

 

19

 

Any other forest produce not being a Timber or tendu leave

 

 

 

 

20

 

Alcoholic Liquor for Human Consumption

 

1%

1%

 

Note:-

 

  • TDS rates Proposed in Budget'09 Presented on July 6th, 2009  are effective from  1.10.2009
  • · No surcharge or Cess is applicable for TDS. Only the specified TDS rates should be considered for deduction.
  • The nil rate will be applicable if the transporter quotes his PAN.
  • TDS Rate when PAN not available: Section 206AA: If deductee fails to furnish PAN to deductor, the deductor shall apply highest of the following rates for deducting TDS:-
  • at the rate specified in the relevant provision of this Act; or
  • at the rate or rates in force;
  • or at the rate of 20%.

 

 

TDS Rates • For payment to residents and domestic companies, there will be no surcharge and cess on the basic rate of TDS. This simplifies TDS rates to a great extent. • There are changes in TDS rates for payments to contractors and payment of rent. Those are explained below. TDS on payment to contractors: Section 194C

  • The proposed amendment is effective from 01-10-2009.
  • Rate of deduction: Rate of deduction is now based on the status of payee and not on the basis of type of payment. Earlier the rate was 2% for payment to contractors and 1% for payment to sub-contractors and advertisement contracts. Now the rate is 1% for payments made to individuals and HUF and 2% in other cases.
  • Contractor manufacturing is now covered as "work" and is liable to TDS under this section.
    • This is defined as manufacturing or supplying a product according to the requirement or specification of a customer by using material purchased from such customer, but does not include manufacturing or supplying a product according to the requirement or specification of a customer by using material purchased from a person, other than such customer.
    • If the invoice mentions value of material separately then such value will be excluded for calculation of TDS, in all other cases TDS will apply to total invoice value.

·  Persons carrying business of plying, hiring or leasing goods carriages.

  • Need not deduct TDS if contractor furnishes PAN.
  • Will have to furnish information as may be prescribed.

TDS on Rent: Section 194I The proposed amendment is effective from 01-10-2009.

Rent

Earlier

Now

Plant and Machinery

10

2%

Land building

15% for Individuals / HUF 10% and 20% for others

10%

eTDS Statement Filing: Section 200 • The proposed amendment is effective from 01-10-2009. Currently section 200 specifies quarterly filing of eTDS statements. • This is changed and now CBDT can specify the periodicity for which the statements are to be filed.

Processing of eTDS Statements: Section 200A The proposed amendment is effective from 01-04-2010. This new section introduces processing of eTDS Statements in the following manner.

• Sum deductible shall be calculated after making adjustment of arithmetical errors and apparent incorrect claims.

• Interest will be calculated.

• From the above actual amount paid will be deducted to arrive at TDS payable or refundable.

• Deductor will be informed about the TDS payable or refundable.

• Time limit for the processing is within one year of the financial year of filing of eTDS statement.

• CBDT will make a scheme of centralized processing of e-TDS Statements.

Time limit for Penalty proceedings: Section 201

  • The proposed amendment is effective from 01-04-2010.
  • A person is deemed to be an assesee in default for failure to deduct TDS in whole or part. • The order for such default now will have to be passed.
  • Within two years from the end of the financial year in which the eTDS statement is filed.
  • Within four years from the end of the financial year in which payment is made or credit is given, in any other case.
  • For financial year commencing on or before 01-04-2007, this time limit is upto 31st March 2011.

TDS Rate when PAN not available: Section 206AA

• The proposed amendment is effective from 01-04-2010.

• If deductee fails to furnish PAN to deductor, the deductor shall apply highest of the following rates for deducting TDS. (i) at the rate specified in the relevant provision of this Act; or (ii) at the rate or rates in force; or (iii) at the rate of 20%.

• Form 15G/ 15H declaration for no deduction of tax will become invalid if PAN is not mentioned therein.

• PAN will have to be mentioned in bills, vouchers and other documents communicated between deductor and deductee.

• If deductee furnishes invalid PAN or submits PAN belonging to someone else, it will amount to non furnishing of PAN.

Other Changes

• No TDS on zero coupon bonds issued by scheduled banks: Section 194A. Effective 01-04-2009

• No TDS for payments from New Pension Scheme: Section 197A. Effective 01-04-2009.

• Quarterly statement for interest paid without deducting TDS is now to be submitted for "such periods as may be prescribed" : Section 206A Effective 01-10-2009.

• Quarterly statement regarding tax collection at sources are now to be submitted for " such periods as may be prescribed": Section 206C Effective 01-10-2009.


 

 
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