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!
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