What is TDS on Rent?
TDS on rent is the tax deducted at source from rent payments made by tenants to landlords. Under the Income Tax Act, 1961, the payer of rent is required to deduct a specified percentage of the rent as TDS before making the payment to the property owner. This deducted amount is deposited with the Income Tax Department on behalf of the landlord.
Two sections govern TDS on rent: Section 194I applies to businesses and firms, while Section 194IB applies to individuals and HUFs who are not covered under 194I. The applicable rate, threshold, and compliance requirements differ between these two sections.
- Section 194I requires businesses to deduct TDS at 10% on rent for land/building or 2% for plant/machinery when annual rent exceeds Rs 6,00,000 (revised from Rs 6,00,000 w.e.f. FY 2025-26)
- Section 194IB requires individuals and HUFs to deduct TDS at 2% when monthly rent exceeds Rs 50,000 (rate reduced from 5% w.e.f. October 1, 2024)
- The landlord can claim credit for TDS deducted when filing their income tax return
- Non-deduction of TDS can lead to disallowance of 30% of rent as a business expense under Section 40(a)(ia)