Section 194IC of the Income Tax Act applies when a landowner receives monetary consideration under a Joint Development Agreement (JDA). In such arrangements, the developer must deduct TDS before making any cash payment to the landowner. This provision supports advance tax payment and ensures accurate income tax return filing by recording the transaction at the source. It also facilitates smoother tax collection on property development-related income.
What is Section 194IC?
Section 194IC of the Income Tax Act mandates the deduction of TDS by a developer when paying any monetary consideration to a landowner under a development agreement. Such agreements typically involve offering a share in the constructed property along with a cash component. The cash part is taxable, and this section ensures that tax is collected at the time of payment itself. The rule applies only when the deal falls under Section 45(5A) of the Act. There is no minimum threshold under this section.
What is Joint Development Agreement (JDA) Under Section 194IC?
A Joint Development Agreement (JDA) is an arrangement between a landowner and a developer where the owner provides land and the developer undertakes construction. In return, the owner gets a share of the developed property and/or a cash amount. Under Section 194IC, the cash paid is subject to TDS, while the property share is taxed separately. This ensures proper income tax return filing and compliance from both parties. JDAs are common in urban real estate development.
Rates of TDS under Section 194IC
Section 194IC specifies a uniform TDS rate for all applicable transactions. This applies to the monetary component only and must be deducted before payment is made.
Key Points:
TDS Rate: 10% on the cash paid to the landowner.
Threshold Limit: No minimum amount; TDS applies to all monetary payments.
Without PAN: The deductor must apply a higher TDS rate of 20% under Section 206AA.
Time of Tax Deduction and Payment Mode
Proper timing and payment of TDS under Section 194IC are crucial to avoid penalties. The developer must ensure the tax is deducted and paid correctly.
Time and Payment Guidelines:
When to Deduct: At the time of credit or actual payment, whichever is earlier.
When to Deposit: By the 30th day from the end of the month in which TDS is deducted.
How to Pay: Online using Challan ITNS 281 via the TIN-NSDL portal or the income tax website.
Penalty for Late or Delayed Filing
Timely deduction and payment of TDS under Section 194IC are essential to avoid penalties. Failing to do so can result in interest charges and additional financial liabilities. The Income Tax Department has defined strict rules for non-compliance, aiming to ensure taxpayers meet deadlines responsibly. Both interest and flat penalties apply depending on the type and duration of the delay.
Key Penalty Provisions:
Failure to Deduct TDS: Interest at 1% per month or part thereof is charged from the date tax was deductible to the actual date of deduction.
Late Deposit of TDS: If the deducted TDS is not deposited on time, interest at 1.5% per month is charged until the date of deposit.
Late Filing of TDS Return: A late fee of ₹200 per day is applicable, subject to the actual amount of TDS.
Delay Beyond One Year: Penalty between ₹10,000 and ₹1,00,000 under Section 271H may apply if the return is not filed within one year.
194IC TDS Limit
There is no exemption or threshold under Section 194IC. TDS is applicable on every monetary payment made to the landowner, regardless of value.
Important Points:
No Lower Limit: Even ₹1 attracts TDS if paid as monetary consideration.
All Payments Covered: Deduction applies to every transaction under JDA.
Applicable Only on Cash: Non-monetary benefits like built-up area are not covered under 194IC.
How to Pay TDS Online?
Online TDS payment under Section 194IC is mandatory and must follow the prescribed government procedure. Here are the steps:
1. Go to the Official Site:
Visit https://www.tin-nsdl.com/ and click on 'e-payment: Pay Taxes Online'. This is the official platform for making secure and authorised tax payments.
2. Select the Challan:
From the list of available challans, select Challan No./ITNS 281, which is used specifically for TDS payments. Ensure you select the correct challan to avoid any issues during verification.
3. Enter Details:
Fill in all required details, including PAN of the deductor, assessment year, type of deductee, nature of payment, and the amount. Double-check every entry for accuracy.
4. Choose Bank:
Pick your preferred authorised bank from the list and log in using your net banking credentials. Ensure the bank supports tax payment services.
5. Submit and Save:
Review all filled-in details and complete the payment. Once successful, download the acknowledgment receipt and keep it for your income tax return filing records.
Conclusion
Section 194IC of the Income Tax Act mandates TDS deduction on cash payments under Joint Development Agreements. It applies to all such transactions without any threshold limit. This ensures better tax compliance and aids accurate income tax return filing. Developers must deposit the deducted TDS on time using the government’s advance tax payment channels to avoid penalties. The provision is crucial in streamlining real estate taxation.