Section 192 to Section 194 of the Income Tax Act would deal with TDS deductions. These sections would state that the payer is needed to deduct TDS from the amount that is paid to the payee. The different types of payments would have different rates of TDS.
When TDS is deducted, the deductor will give the deductee the information of TDS deductions in a specific form. In the same way, Form 16C of the Income Tax Act has the details of the TDS deducted from the salary of the employee.
The Government of our country has inserted a new section - that is, Section 194IB of the Income Tax Act to bring the high rental income groups within the ambit of tax. All of the individuals and HUFs who pay rent Rs. 50,000 or more would have now deducted TDS. Usually, for the deduction of TDS, TAN registration is needed.
However, under the new provisions, taxpayers could deduct tax by quoting their PAN and then issue Form 16C, which is the newly provided format for the TDS certificate that is to be issued by the rent payer to the rent receiver.
Here is a detailed table to show you the difference between these forms:
Form 16 |
Form 16C |
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It is issued for the employer. |
It is issued for the tax deductor. |
It is issued to the buyer of the immovable property. |
This form is issued for an individual or Hindu Undivided Family paying rent. |
It is mandatory to issue if there is no TDS. |
It is mandatory to issue when there is no TDS. |
It is mandatory to issue if there is no TDS. |
It is mandatory to issue if there is no TDS. |
Form 16 has details and TDS details. |
It has only the TDS details. |
The form will contain the details of the TDS. |
This form will only have the details of the TDS. |
The legal backing of Form 16 is Section 192. |
The legal backing for this form is Section 194. |
The legal backing for this form is Section 194IA. |
The legal backing for this form is Section 194IB. |
After the TDS has been deducted by an individual or HUF, the same needs to be deposited with the Government; the deposit needs to be made within a period of 30 days from the last date of the month where the TDS was deducted.
The completion and submission of Form 26QC are also necessary when depositing TDS with the Government. A challan-cum-statement of the TDS deduction made on rent is a Form 26QC.
The RBI, SBI, or any other bank that is permitted to collect TDS on behalf of the Government may be used to deposit TDS with the Government utilizing the electronic method of payment.
The deductor is obligated to prepare and give the landlord Form 16C after the TDS has been withheld and lodged with the Government.
As previously mentioned, Form 16C would include information about TDS deducted. After submitting Form 26QC, this form must be delivered to the landlord within 15 days. The deductor would be responsible for any late payment penalties if Form 16C was not provided within the allotted time limit. The fine would be INR 100 per day of delay.
Form 16C is available to download on the official portal, and you will have to follow the steps that are mentioned below: