BAJAJ BROKING
July 07, 2025
4 mins read
If you are renting a property and paying more than ₹50,000 per month, you are likely covered under Section 194IB of the Income Tax Act. This section aims to bring high-value rental transactions into the tax net by placing the responsibility of deducting tax directly on tenants. Whether you are a salaried individual or a business renting residential premises, you need to understand how this provision affects your tax compliance. Section 194IB not only impacts how rent is paid but also how tax is deposited and reported in your income tax return filing. This guide explains everything you need to know in a simplified format.
Section 194IB was introduced to ensure that rent paid by individuals and Hindu Undivided Families (HUFs), who are not subject to tax audit, is also brought under the scope of TDS. If you pay rent exceeding ₹50,000 per month to a resident landlord, you must deduct tax at 5% and deposit it with the government. This provision is applicable even if you are not running a business or profession, as long as the rent crosses the prescribed threshold. You do not need a TAN (Tax Deduction Account Number) to deduct TDS under this section. Instead, you can use your PAN while submitting Form 26QC and issuing Form 16C to the landlord.
Before understanding whether Section 194IB applies to you, it is essential to consider the amount of rent, the nature of the property, and your taxpayer classification. Here are the key applicability points:
TDS under this section applies if your monthly rent exceeds ₹50,000, even by a small margin, during any month in the financial year.
This provision applies only if you are an individual or a HUF not liable to tax audit under Section 44AB in the previous financial year.
Section 194IB is applicable only for rent paid for residential properties, not for commercial establishments or machinery.
The landlord receiving rent must be a resident of India. If the landlord is a non-resident, Section 195 is applicable instead.
Both the tenant and landlord must have valid PANs to deduct and report TDS accurately through Form 26QC and Form 16C.
Understanding who is responsible for TDS deduction under Section 194IB is important for proper compliance. The following conditions clarify your obligation:
If you are an individual tenant paying monthly rent above ₹50,000, you must deduct TDS before making the payment.
HUFs who are not required to get their accounts audited in the previous year must comply with Section 194IB if the rent threshold is met.
Only tenants with a valid PAN can deduct TDS under Section 194IB and complete Form 26QC for tax reporting.
Not every rental transaction requires TDS deduction under this section. Here are the main exemptions:
If your monthly rent is ₹50,000 or lower, TDS under Section 194IB is not applicable, regardless of total annual rent paid.
If the landlord is a non-resident, TDS must be deducted under Section 195 instead of Section 194IB.
If you were subject to tax audit in the preceding year, you must deduct TDS under Section 194I, not 194IB.
This section only applies to specific types of rental payments, with a clear focus on residential property. Here is what qualifies:
If you rent a residential flat for personal use or employee housing, TDS is applicable if the monthly rent crosses ₹50,000.
Standalone homes rented for residential use are also covered, provided the rent exceeds the threshold amount.
In some cases, if the rental agreement for PG or shared accommodation exceeds ₹50,000 per tenant, TDS may be applicable.
TDS is applicable whether the residential unit is furnished or unfurnished, as long as the rent value is within the taxable limit.
If your lease agreement covers more than one residential unit under a single contract, and the combined rent exceeds ₹50,000, TDS is applicable.
You must follow specific rules and timelines to comply with Section 194IB and avoid penalties. Here are the essential requirements:
Deduct tax at the rate of 5% on total annual rent paid or payable to the landlord.
Unlike other TDS provisions, you do not need a TAN. You can use your PAN to deduct and deposit TDS.
Form 26QC must be filled and submitted online within 30 days from the end of the month in which rent is paid or credited.
Form 16C is the TDS certificate issued by the tenant to the landlord. It must be provided within 15 days from the due date of Form 26QC filing.
TDS is deducted only once in a financial year, typically at the time of making the last rent payment for the year or upon termination.
If you are deducting TDS under Section 194IB, you must comply with strict deadlines for depositing tax and filing relevant forms.
TDS deducted must be deposited within 30 days from the end of the month in which rent was paid or credited. This includes filing Form 26QC online.
For rent paid in March, the due date for TDS deposit remains 30th April of the following financial year. This gives you additional time for year-end compliance.
Delays in TDS deposit or form filing may lead to penalties, interest, and disallowance of rent expenses in your income tax return filing.
The process of deducting and paying TDS under this section is relatively straightforward and does not require advanced tax knowledge.
Once TDS is deducted, you must deposit the amount through Form 26QC on the TIN NSDL website or authorised bank within 30 days of rent payment.
After depositing the tax, download Form 16C from the TRACES portal and issue it to the landlord within 15 days. This certificate confirms the TDS payment and helps your landlord reconcile it during income tax return filing.
Failure to comply with Section 194IB can attract various penalties and financial consequences for you as the tenant.
If TDS is not deposited on time, interest is charged at 1% per month for late deduction and 1.5% per month for late payment until the tax is deposited.
Non-deduction or non-deposit of TDS may result in a penalty of ₹200 per day until compliance is achieved, subject to the total TDS amount.
In case of non-compliance, the entire rent paid may be disallowed as a deductible expense while computing taxable income.
Landlords receiving rent under this provision must stay vigilant to ensure correct TDS credit is reflected in their tax accounts.
Landlords must verify that TDS deducted is reflected in their Form 26AS, which helps during tax return preparation and tax rebate claims.
Form 16C is crucial for confirming that the tenant has deposited TDS correctly. It must be collected and stored securely.
Even if TDS is deducted, landlords must report full rental income in their income tax return filing and pay balance tax, if any.
Any mismatch between declared income and TDS details in Form 26AS may result in notices or scrutiny from the tax department.
A clear rent agreement, PAN details, and Form 16C are vital documents for audit or assessment-related requirements.
Feature | Section 194I | Section 194IB |
Applicability | Businesses or individuals under tax audit | Individuals or HUFs not under tax audit |
Property type | Residential and commercial properties | Only residential properties |
Rent threshold | ₹2.4 lakh per year | ₹50,000 per month |
TDS deduction frequency | Monthly | Once annually or at year-end |
Requirement for TAN | Mandatory | Not required (use PAN instead) |
TDS certificate issued | Form 16A | Form 16C |
TDS return form | Quarterly return (Form 26Q) | Online challan-cum-statement (Form 26QC) |
Section 194IB of income tax simplifies the TDS mechanism for individuals paying high rent by removing the requirement for TAN and quarterly returns. If you are paying over ₹50,000 per month in rent, you should ensure TDS deduction and payment through Form 26QC and provide Form 16C to your landlord. This process helps improve transparency and ensures tax compliance. Staying aware of these requirements not only prevents penalties but also assists you in accurate income tax return filing and availing any tax rebate benefits you may be entitled to.
Disclaimer: This article is for general informational purposes only. Please consult a qualified tax professional for personalised advice related to Section 194IB and related tax provisions.
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TDS under Section 194IB is applicable when the monthly rent paid to a resident landlord exceeds ₹50,000. The deduction is made at 5% on the total rent paid in a financial year.
TDS must be deposited within 30 days from the end of the month in which rent is paid or credited. You must file Form 26QC online within this time frame.
Yes. If monthly rent is ₹50,000 or less, or the landlord is a non-resident, or the tenant is covered under tax audit (then Section 194I applies), Section 194IB is not applicable.
Section 194IB was introduced to widen the TDS net and bring high-value residential rent payments into the formal tax system, especially where tenants are not covered by tax audit.
It ensures timely tax deduction and reporting by individuals who were otherwise outside the formal TDS regime. This helps maintain transparency in rent transactions and supports tax enforcement.
TDS should be deducted at the time of making the last rent payment of the financial year or during termination of tenancy, whichever is earlier.
Tenants must calculate the correct TDS amount, submit Form 26QC within the deadline, and issue Form 16C to the landlord. Keeping PAN details and payment records helps in proper compliance.
Landlords should collect Form 16C, verify TDS credits in Form 26AS, and report rental income accurately during income tax return filing to avoid mismatch or audit issues.
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