What is Section 194J in the Income Tax Act?
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It mandates TDS on specified service payments like professional or technical fees, royalties, and non-compete fees if the amount exceeds ₹50,000.
BAJAJ BROKING
Section 194J in the Income Tax Act deals with the deduction of tax at source (TDS) on payments which are made to residents for availing professional or technical services, royalty, and non-compete fees. As of FY 2025–26 (AY 2026–27), TDS must be deducted when such payments exceed ₹50,000 in a financial year per category. This limit was at ₹30,000 until FY 2024-25.
This provision applies to companies, firms, LLPs, cooperative societies, trusts, and government bodies. These entities have to deduct TDS at the applicable rates before paying the fees for the professional services used. Individuals and HUFs are required to make TDS deductions under section 194J only if they are liable to audit under Section 44AB of the Income Tax Act.
If you’re wondering what is section 194J in income tax, it’s the clause that mandates deductors to withhold a specified percentage of tax before releasing payments for certain services, thereby ensuring compliance and transparency in tax collection.
TDS under Section 194J becomes applicable when the total amount paid or credited to a resident exceeds ₹50,000 for any of the following categories:
Fees for professional services
Fees for technical services
Royalty payments
Non-compete fees
Remuneration or commission to directors (not covered under salary)
Eligible deductors include entities such as companies, partnership firms, cooperative societies, local authorities, and associations of persons. HUFs and individuals not under audit are exempt, but once the business turnover exceeds ₹1 crore or professional receipts cross ₹50 lakh, they must deduct TDS.
The following payments are covered under Section 194J:
Professional Services
These include services rendered by professionals like doctors, lawyers, engineers, architects, accountants, interior decorators, and consultants. Professions notified under Section 44AA also fall under this category, including authors, film artists, company secretaries, and media professionals like journalists and anchors.
Technical Services
Services involving managerial, consultancy, or technical expertise are classified as technical services. This includes IT consulting, software development, and technology support.
Royalty
This includes payments that are made for using patents, copyrights, trademarks, licenses, and similar intellectual property. It also includes payments for the transfer or use of technical or commercial information.
Non-Compete Fees
Payments that have been made to restrict someone from sharing know-how, proprietary methods, or competing in a particular business are included.
Director’s Remuneration
Sitting fees or other non-salary compensation paid to directors also attract TDS under Section 194J.
The TDS rates under Section 194J are outlined below:
Nature of Payment | TDS Rate | Threshold Limit |
Fees for Technical Services, Call Centres | 2% | ₹50,000 |
Royalty (Film-related) | 2% | ₹50,000 |
Professional Services, Other Royalties | 10% | ₹50,000 |
Director’s Remuneration | 10% | Nil |
If PAN is not provided | 20% | ₹50,000 |
For non-government deductors, TDS under Section 194J must be deposited within 7 days from the end of the month in which the deduction is made. However, for deductions made in the month of March, the due date is extended to April 30. Government deductors follow the same timelines. In case this payment is made and credited on the same day in March, the TDS must be deposited by April 7. Adhering to these timelines is crucial to avoid interest or penalties for late deposits.
If you fail to comply with provisions under Section 194J, you may have to face the following consequences:
Disallowance of expense: 30% of the expense may be disallowed under Section 40(a)(ia) if TDS is not deducted or deposited on time.
Interest:
1% per month for non-deduction
1.5% per month for late payment after deduction
Penalty:
Equal to the TDS amount under Section 271C
Additional penalties under Section 221 for delayed payment
Prosecution:
Imprisonment from 3 months up to 7 years for wilful default in depositing TDS
Section 194JA and 194JB outline TDS applicability and exemptions on professional and technical fees. Section 194J states that certain individuals or entities must withhold TDS when paying for professional or technical services. However, there are specific exemptions available to individuals and Hindu Undivided Families (HUFs) under certain conditions. If an individual or HUF is engaged in a business and their total sales, turnover, or their gross receipts from the business has not exceeded ₹1 crore in the preceding financial year, they are not required to make TDS deductions under this section. Similarly, if the individual or HUF practices a profession and their gross receipts from the profession did not exceed ₹50 lakh in the preceding financial year, they are exempt from deducting TDS on such payments.
This exemption simplifies compliance for small businesses and professionals who fall below these income thresholds. It ensures that TDS obligations are only placed on those entities with substantial income levels, aligning with the broader goal of ease of doing business. However, once these limits are crossed, individuals and HUFs must begin deducting TDS under Section 194J when making specified payments. It is also important to note that these exemptions do not apply if the payment in question is being made for royalty, technical services, or other notified categories where specific provisions override the general rule.
Recent updates to Section 194J have introduced clearer rates and conditions for TDS deduction. TDS on payments for technical services and call centre operations has been set at 2%, while professional services continue to attract a 10% rate. The maximum limit has been increased to ₹50,000 per financial year from the earlier limit of ₹30,000. Furthermore, it has been clarified that payments for professional services are not to be treated as contract work under Section 194C, with this clarification effective from October 1, 2024. Individuals and HUFs are now required to undertake TDS deduction under this section only if they fall under mandatory tax audit provisions. These amendments aim to streamline compliance and eliminate confusion between similar TDS sections.
Now that you know what is Section 194J in income tax, let’s understand how it is different from other TDS sections. The differences between Section 194J and a few other sections are listed in the table below:
Section | Nature of Payment | TDS Rate | Applicability |
194C | Work contracts | 1% / 2% | On payments for labour, material, contract work |
194H | Commission or brokerage | 5% | On payments for services like brokerage |
194I | Rent on land/buildings/equipment | 2% / 10% | On payments exceeding ₹2.4 lakh/year |
194J | Professional/technical/royalty fees | 2% / 10% / 20% | Applies to service-based payments |
Section 194J is a critical TDS provision for professionals, service providers, and businesses. If you are making qualifying payments over ₹50,000, ensure you deduct and deposit TDS correctly to stay compliant.
Understanding Section 194JA and 194JB, applying the right TDS rates, and avoiding misclassification can save you from penalties and ensure smooth tax processes.
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It mandates TDS on specified service payments like professional or technical fees, royalties, and non-compete fees if the amount exceeds ₹50,000.
Any person other than an individual or HUF, unless subject to audit under Section 44AB, making eligible payments to residents.
2% for technical services and call centres, 10% for professional services and royalties, and 20% if PAN is not provided.
Yes. ₹50,000 per financial year, per category of payment. No limit applies for director remuneration.
The various kinds of payments included under this section are fees for technical and professional services, royalties, the director’s sitting fees or commissions, and non-compete payments.
30% of the expense may be disallowed. You may also face interest, penalty, and prosecution for non-compliance.
Yes. New threshold, clarified categorisation, revised rates for specific services, and stricter classification effective from FY 2025–26.
It applies specifically to professional and technical service payments, unlike Sections 194C (contracts) or 194I (rent).
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