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TDS (Tax Deducted at Source) Return Filing

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Section 192 of the Income Tax Act 1961

An employer deducts the TDS while paying the salary to an employee. An employer has to file the Salary TDS returns in Form 24 Q, which needs to be submitted every quarter.

Tax Deducted at Source (TDS) is a tax collection mechanism in India where tax is deducted at the source of income. This means that the payer (deductor) withholds a certain percentage of tax before making a payment to the payee (deductee). TDS is applicable to various types of payments, including salaries, interest, rent, professional fees, and dividends. The main objective of TDS is to ensure a steady inflow of revenue to the government and reduce tax evasion by collecting tax at the source itself.

Filing TDS returns is a statutory obligation for deductors, and it plays a vital role in the Indian taxation system. By filing TDS returns, businesses and individuals contribute to the government’s revenue and maintain compliance with tax regulations. The TDS return contains details of the tax deducted, the payment made to the deductee, and the TDS amount deposited with the government. Accurate filing is essential, as it helps in the proper accounting of tax revenues and enables the deductee to claim credit for TDS while filing their income tax returns.

 

Regular Revenue for Government

TDS ensures a steady and timely inflow of revenue to the government. By collecting taxes at the source, it helps in reducing tax evasion and enhances the efficiency of tax collection.

Simplified Tax Collection

By deducting tax at the source, the process simplifies tax collection for the government, making it easier to track and manage tax revenues.

Encourages Compliance

TDS return filing promotes transparency and encourages individuals and businesses to comply with tax regulations. It holds deductors accountable for timely tax deductions and filings.

Facilitates Tax Credit for Deductees

When TDS is deducted, the deductee receives a credit for the tax deducted, which can be claimed while filing their income tax return. This ensures that they are not taxed on the same income twice.

Reduced Tax Evasion

TDS minimizes the chances of tax evasion since the tax is deducted at the source of income. This mechanism makes it harder for individuals to underreport their income.

Improved Financial Planning

Regular TDS deductions help individuals and businesses manage their tax liabilities effectively. By having tax deducted at the source, taxpayers can avoid a large tax burden at the end of the financial year.

Here’s the eligibility criteria for TDS (Tax Deducted at Source) return filing:

  • Deductor Types:

    • Applicable to individuals and entities making payments subject to TDS, including companies, partnerships, proprietorships, trusts, and government organizations.
  • Applicable Payments:

    • TDS must be deducted on payments like salaries, interest, rent, professional fees, and dividends.
  • Threshold Limits:

    • TDS is applicable only when payments exceed specific threshold limits set by the Income Tax Department.
  • Tax Deduction Rates:

    • Correct TDS rates must be applied based on the nature of the payment and the deductee’s status.
  • Deposit of TDS:

    • The deducted TDS must be deposited with the government within specified timeframes before filing returns.
  • Filing Frequency:

    • TDS returns must be filed quarterly, depending on the type of deductor and the nature of the payment.
  • PAN Requirement:

    • Deductors must have a valid Permanent Account Number (PAN), and deductees’ PANs are required for credit.
  • Record Keeping:

    • Proper records of transactions and tax deductions must be maintained.
  • Compliance with Other Tax Obligations:

    • Deductors must also comply with other tax obligations, such as filing income tax returns.

Here’s a checklist for TDS (Tax Deducted at Source) return filing to ensure compliance and accuracy:

 

  • Determine Deductor Status

    • Identify if you are a deductor (e.g., individual, company, partnership, government body).
  • Understand Applicable Payments

    • Confirm which payments are subject to TDS (e.g., salaries, interest, rent, professional fees).
  • Verify Threshold Limits

    • Check if the payments exceed the specified threshold limits for TDS deduction.
  • Apply Correct TDS Rates

    • Ensure you are applying the correct TDS rates as per the Income Tax Act based on the type of payment and deductee status.
  • Collect Required Information

    • Gather necessary details, including:
      • Deductee’s PAN.
      • Amount of payment made.
      • TDS deducted.
  • Deposit TDS on Time

    • Deposit the deducted TDS with the government within the specified due dates.

Here’s a list of documents required for TDS (Tax Deducted at Source) return filing:

 

  • Permanent Account Number (PAN):

    • A valid PAN for both the deductor and deductee is essential for TDS filing.
  • TDS Deduction Records:

    • Details of TDS deducted from payments made, including amounts and applicable rates.
  • Payment Records:

    • Documentation of all payments made subject to TDS, including invoices and bills.
  • Challan for TDS Deposit:

    • Copies of TDS payment challans showing the amount deposited with the government.
  • Form 16/16A:

    • Issued to employees or payees; Form 16 for salaried employees and Form 16A for non-salaried payments, detailing TDS deducted.
  • TDS Return Forms:

    • Relevant forms to be filled for filing TDS returns, such as Form 24Q (for salaries) or Form 26Q (for other payments).
  • Bank Statements:

    • Bank statements reflecting the TDS payments made to the government.
  • Financial Statements:

    • Profit and loss statements and balance sheets for the financial year, if applicable.
  • Identity and Address Proof:

    • Identification and address proof of the deductor (e.g., Aadhar card, passport, utility bills).
  • Business Registration Documents:

    • Certificates or documents proving the business registration or incorporation.
  • Income Tax Return (ITR):

    • Previous year’s income tax return may be required for reference or reconciliation.
  • Proof of Other Deductions:

    • Any documentation supporting claims for deductions or exemptions.
  •  

Documents necessary for filing SPICe+ form (INC-32) for the registration of a private limited company are outlined as follows:

A. For Indian Nationals serving as directors and subscribers:
  • Affidavit on stamp paper: a declaration by all subscribers affirming their intention to become shareholders of the company
  • Office address proof like the Rental Agreement or Ownership Deed
  • Electricity bill, water bill and other utility bills of the last two months
  • Copy of approval if required
  • Trademark registration details
  • NOC from property owner
  • Proof of identity and address
B. Required Documents For Foreign Nationals serving as directors/Shareholders
  • Passport: Proof of identity
  • Address proof: Accepted documents include a driving license, residence card, bank statement, or government-issued identification with a valid address.

Types of TDS (Tax Deducted at Source)

Here are the various types of TDS (Tax Deducted at Source) applicable in India:

TDS on Salaries

Deducted from the salary paid to employees based on applicable income tax slabs.

TDS on Interest Income

Applicable on interest payments made by banks, financial institutions, or companies, typically deducted when the interest exceeds a specified limit.

TDS on Rent

Deducted on rent payments made for property (commercial or residential) when the rent exceeds the threshold limit.

Here are the key characteristics of TDS (Tax Deducted at Source):

  • Source-Based Taxation:
    TDS is collected directly at the source of income, meaning the tax is deducted before the payment is made to the recipient (deductee).

  • Applicable to Various Payments:
    TDS is applicable to a wide range of payments, including salaries, interest, rent, dividends, and professional fees, ensuring comprehensive coverage of income sources.

  • Specified Rates:
    TDS rates are predefined by the Income Tax Department and can vary based on the type of payment and the status of the recipient (individual, company, etc.).

  • Threshold Limits:
    TDS is only applicable when payments exceed certain threshold limits specified by the tax authorities. Below these limits, no TDS is deducted.

  • Mandatory Compliance:
    Deductors are legally obligated to deduct TDS and deposit it with the government within stipulated timelines, ensuring adherence to tax regulations.

  • Credit for Deductees:
    The amount deducted as TDS can be claimed as a credit against the total tax liability when the deductee files their income tax return, preventing double taxation.

Here’s a step-by-step guide on how to register for TDS (Tax Deducted at Source):

step
  • Obtain a PAN:

    • Ensure you have a valid Permanent Account Number (PAN) since it is mandatory for TDS registration.
  • Choose the Appropriate Category:

    • Identify your entity type (individual, company, partnership, etc.) to determine the applicable TDS regulations.
  • Register on the Income Tax Portal:

    • Visit the official Income Tax Department website (www.incometax.gov.in).
    • Click on the “Login” button and then select “Register” for new users.
  • Provide Basic Details:

    • Fill in the required information, including:
      • Name
      • PAN
      • Mobile number
      • Email address
  • Verify Your Mobile Number and Email:

    • You will receive an OTP (One-Time Password) on your mobile and email for verification. Enter the OTP to validate your registration.
  • Receive User ID:

    • Upon successful verification, you will receive a unique User ID, which will be used for future logins.
  • Login to Your Account:

    • Use your User ID and password to log in to the Income Tax Portal.
  • Access TDS Registration:

    • Navigate to the “TDS” section in your account dashboard.
  • Complete TDS Registration Form:

    • Fill out the TDS registration form with necessary details about your business and TDS compliance.
  • Submit Required Documents:

    • Upload necessary documents such as:
      • PAN
      • Proof of identity (e.g., Aadhaar, passport)
      • Proof of address (e.g., utility bills, rent agreement)
      • Business registration documents (if applicable)
  • Verification Process:

    • After submission, the Income Tax Department will review your application. This may take some time.
  • Receive TDS Registration Certificate:

    • Upon successful verification, you will receive a TDS registration certificate, allowing you to deduct and file TDS returns.

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