Section 194-IB and Section 194-I(b) both deal with TDS on rent, but they apply in different contexts, to different types of deductors, with different thresholds and rates.

 

Section 194-IB and Section 194-I(b) both deal with TDS on rent, but they apply in different contexts, to different types of deductors, with different thresholds and rates.

Here's a clear comparison between Section 194-IB and Section 194-I(b):


🔍 Comparison: Section 194-IB vs 194-I(b)

Particulars

Section 194-IB

Section 194-I(b)

Applicability

Individuals/HUFs not liable to tax audit

All persons liable to audit under Income Tax Act

Type of Payment

Rent (land, building, or both)

Rent of land/building

Threshold Limit

Rent > ₹50,000 per month

Aggregate rent > ₹2,40,000 per year

TDS Rate

5%

10% (for land/building)

TDS Timing

Deduct in last month of FY or tenancy

Deduct at the time of credit or payment, whichever is earlier

TAN Required

❌ Not required

✅ Required

Form for TDS Payment

Form 26QC (challan-cum-return)

Challan 281 + TDS return (Form 26Q)

TDS Certificate

Form 16C

Form 16A

Tenant Type

Individual or HUF not liable to audit

Company, firm, LLP, etc., or individuals liable to audit

Landlord Type

Must be resident

Must be resident


✅ When to use which?

Scenario

Section

You are an individual paying ₹60,000/month rent for your house and not running a business – and not liable for tax audit

194-IB

You are a company or businessman paying office rent of ₹30,000/month

194-I(b)

You are an individual business owner with turnover > ₹1 crore (tax audit applicable), and paying rent ₹25,000/month

194-I(b)


⚠️ Common Mistakes to Avoid:

  • Using Section 194-I(b) instead of 194-IB when the payer is an individual not liable to audit.
  • Not filing Form 26QC or issuing Form 16C when deducting under 194-IB.
  • Thinking TDS under 194-IB is monthly — it's once a year only!

Comments

Popular posts from this blog

Capital Gains Tax on Sale

What Is Incriminating Material in Income Tax Law?

EEE Savings Scheme typically refers to tax-saving investment options that offer exemptions at three stages