Section 193 of Income Tax Act

The provisions to TDS on interest on securities are covered under Section 193. If someone sends a resident income in the form of interest on securities, he or she needs to deduct tax under Section 193. As a result of this, when paying the interest on the securities to an NRI, the restrictions of Section 193 will not apply. 

Section 193 of the Income Tax Act

Based on the Income Tax Act, there are various sections under which the deduction of tax occurs. The 193 TDS section is defined as the tax deduction protocol where the tax will be deducted instantly during a payment transaction.

The TDS Section 193 has been implemented over the interest on securities. Considering the individual is transferring an amount in the form of interest on securities. There has to be a particular amount of tax deducted based on the implementation of Section 193 TDS rate.

TDS on interest on securities could be categorised into two different groups. The government and the security of the company implement people in business, authority, or corporation under which that individual works. 

In the case of income transfer, the tax that is deducted based on the interest on the securities would be implemented before the income transfer to the individual. 

Therefore - the individual's amount is the cut-off payment after the tax deduction.

Details of Section 193

The table below speaks about the details of Section 193:

Who is required to deduct these sections -

Anyone who is giving the interest income on securities to an Indian resident to deduct tax before releasing the interest.

Rate of Section 193 - 

The tax rate under Section 193 - is 10%. The earliest of the actual payment or the time of deduction is when income is credited to the payee's (receiver's) account (in cash, cheque, draught, or other modes). If a PAN is not provided by the payee or is not available, TDS will be withheld at the maximum marginal rate. However, if the requirements are met, this section may issue a reduced TDS certificate or a Nil TDS certificate under Section 197.

Due Dates of Section 193 -

  • If the money is credited in March, then it must be paid by April 30 at the latest.
  • If the amount is credited in a month other than March, the deduction is made seven days after the end of that month.

Exemptions of Section 193 -

In the following circumstances, no TDS shall be taken:

  • If debentures are issued by listed businesses, no TDS will be taken up to Rs. 5000 (this sum must be paid by an a/c payee check up to Rs. 5000).
  • Up to Rs. 10,000 in the case of 8% saving (taxable) bonds.

What is Excluded in the Deductions of Section 193?

The following items are not subject to TDS deduction:

  • A resident's National Defence Bond has an interest rate of 4.25%.

  • National Defense Loans were obtained between 1968 and 1972, with a 4.25% interest rate.

  • On the National Defense Loan, interest is due.

  • Interest is paid on some registered debentures issued by institutions, authorities, public-sector businesses, or cooperative societies.

  • Interest due to specific businesses set up under the General Insurance Business Act or to any other insurer.

  • According to the rules of the Securities Contracts (Regulation) Act, 1956, interest is payable on any dematerialized security issued by a corporation as long as the instrument is listed on a reputable stock exchange.

  • Interest on a 7-year National Savings Certificate is paid.

  • If the amount of interest is limited to Rs. 5000 and the corporation deposits the interest using an account payee check, interest is due on debentures that are issued by a company in which the general public is significantly engaged (applicable for resident individuals, resident, or HUF).

  • Interest that is past due on any bond issued by the federal government or a state government if the interest does not exceed Rs. 10,000 in a fiscal year.

  • Interest is paid on 7.5% gold bonds issued in 1980 or 6.5 percent gold bonds issued in 1977 held by residents if the nominal value of all such bonds during the applicable period does not exceed Rs. 10,000.

  • The payee has issued Form No. 15G/15H, which does not belong to a company or a firm.

  • A certificate that allows for little to no tax deduction is held in the care of the payee.

Amendment in Budget 2023

Finance Bill has excluded the below-mentioned clause from the exclusion list-

“No tax shall be deducted on interest payable on any security issued by a company, where such security is in dematerialised form and is listed on a recognised stock exchange in India in accordance with the Securities Contracts (Regulation) Act, 1956 and the rules made thereunder.”

Note - This amendment is effective from 1st April 2023, and now 10% TDS will be deducted on the listed Non-convertible Debentures (NCD) as well.

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