All services

TDS Return Filing

Quarterly 24Q and 26Q, with Form 16 and 16A issued.

Tax deducted at source is a collection mechanism rather than a separate tax: the payer withholds a percentage of certain payments and deposits it against the recipient's PAN, where it appears as a credit the recipient sets against their own liability. The deductor is answerable for getting it right, and the consequences of not doing so fall on them rather than on the person whose tax it actually is.

There are two distinct deadlines and conflating them is the commonest error. The tax deducted must be deposited by the 7th of the following month — except March, which has until 30 April. The quarterly return is due a month after the quarter ends: 31 July, 31 October and 31 January, with the March quarter given until 31 May.

Form 24Q covers deduction from salary and Form 26Q covers everything else — contractor payments under 194C, professional fees under 194J, rent under 194I, commission under 194H, and the rest. Form 27Q covers payments to non-residents and Form 27EQ covers tax collected at source.

Late deposit and late filing are penalised separately and both are automatic. Interest runs at 1% a month from the date the tax should have been deducted to the date it actually was, and 1.5% a month from deduction to deposit. Late filing costs ₹200 a day under section 234E, capped at the amount of tax in the return, and a further penalty of ₹10,000 to ₹1,00,000 under section 271H applies to a return more than a year late or filed with incorrect particulars.

The disallowance is usually the largest number. Section 40(a)(ia) disallows 30% of any expense on which tax was deductible and not deducted, or was deducted and not paid by the return due date. On a ₹50 lakh contractor spend that is ₹15 lakh added to taxable profit, which dwarfs the interest and the late fee together.

A wrong PAN in the return is a different kind of problem. The deductee cannot see the credit in their Form 26AS, cannot claim it, and will ask you about it — and deduction against an invalid or missing PAN attracts the higher rate of 20% under section 206AA. Higher rates also apply under section 206AB to a deductee who has not filed their own returns.

We reconcile every challan against the deductions before filing rather than after, generate Form 16 and 16A from TRACES rather than typing them, and file correction statements where a PAN or challan needs fixing. The reconciliation is the part that prevents the notices.

The TRACES default summary is worth checking every quarter rather than waiting for a demand. It shows short deduction, short payment and late payment defaults computed automatically from your own filings, and each one is far cheaper to resolve while it is still a flagged default than after it has become an outstanding demand attached to the TAN. A demand left unresolved eventually blocks the download of Form 16 and 16A, which turns a reconciliation problem into an employee-relations problem.

One further point that catches growing businesses. Section 194Q requires a buyer with turnover above ₹10 crore to deduct 0.1% on purchases of goods above ₹50 lakh from any single seller, while section 206C(1H) requires a seller above the same turnover to collect 0.1% on comparable sales. The two overlap, and where both could apply the buyer's obligation under 194Q prevails. Businesses crossing ₹10 crore frequently discover 194Q a year late, by which time the interest and the 30% disallowance have both been running.

Key features

  1. Two deadlines, not oneDeposit by the 7th of the following month; the quarterly return a month after the quarter ends, with March given until 31 May.
  2. A TAN is mandatoryDeducting without one attracts ₹10,000 under section 272BB, and the credit will not reach the deductee.
  3. Four forms by payment type24Q for salary, 26Q for other resident payments, 27Q for non-residents, 27EQ for tax collected at source.
  4. Certificates come from TRACESForm 16 and 16A must be downloaded, not prepared. A typed certificate will not reconcile with the deductee's 26AS.
  5. The disallowance is the real cost30% of the expense is added back under section 40(a)(ia) where tax was not deducted or not paid in time.

Who needs it

  1. Every employerSalary above the exemption limit requires deduction and a quarterly 24Q, whatever the size of the payroll.
  2. Businesses paying contractorsSection 194C applies above ₹30,000 for a single contract or ₹1,00,000 in aggregate for the year.
  3. Anyone paying professional feesSection 194J applies above ₹30,000 a year to a single professional — which catches almost every company using consultants.
  4. Businesses paying rentSection 194I applies above ₹2,40,000 a year, at 10% for premises and 2% for plant and machinery.
  5. Anyone remitting abroadSection 195 has no threshold. Any payment to a non-resident chargeable to tax in India requires deduction and Form 27Q.
  6. Individuals in defined casesBuying property above ₹50 lakh, paying rent above ₹50,000 a month, or paying contractors above the 194M limits.

Which one applies to you

  1. Form 24Q — salaryQuarterly, with Annexure II in the fourth quarter carrying the full salary computation and regime election for each employee.
  2. Form 26Q — other residentsContractor, professional, rent, commission, interest and dividend payments to residents.
  3. Form 27Q — non-residentsPayments to non-residents, with the treaty rate applied where a TRC and Form 10F support it.
  4. Form 27EQ — TCSTax collected at source on scrap, motor vehicles above ₹10 lakh, foreign remittances under LRS and overseas tour packages.
  5. Form 26QB, 26QC and 26QDChallan-cum-statements for individuals on property purchase, high rent and contractor payments — no TAN required for these.

Why it is worth doing

  1. The 30% disallowance is avoidedDeducting and depositing on time keeps the whole expense deductible. This is by far the largest financial reason to get it right.
  2. Your suppliers get their creditCorrect PANs mean the deductee sees the credit in 26AS and does not chase you for a certificate that will not generate.
  3. No compounding interestInterest at 1% and 1.5% a month accrues automatically and is not waivable. Timely deposit is the only way to avoid it.
  4. Clean assessmentsTDS mismatches are among the commonest triggers for scrutiny. Reconciled returns simply do not generate them.

What is included

  • Form 24Q for salary and 26Q for non-salary payments
  • Challan verification and OLTAS reconciliation
  • Form 16 and 16A generated from TRACES
  • Correction statements where a PAN or challan is wrong

What we need from you

  • TAN of the deductor
  • Deduction details with the deductee PANs
  • Challan numbers and dates of deposit
  • Salary structure for 24Q

How it works

  1. Deduction reviewPayments for the quarter are examined against the sections and thresholds, so nothing that should have been deducted is missed.
  2. Challan reconciliationEvery challan is matched to OLTAS and to the deductions it covers. An unmatched challan is the commonest cause of a defective return.
  3. PAN validationDeductee PANs are validated before filing, and 206AA or 206AB higher rates applied where they are invalid or the deductee is a non-filer.
  4. Return preparation and filingThe correct form is prepared, validated through the utility and filed with the digital signature.
  5. Certificates issuedForm 16 and 16A downloaded from TRACES once the return is processed, signed and distributed.
  6. Corrections where neededA correction statement is filed for a wrong PAN, an unmatched challan or a short deduction, before it becomes a demand.

Form 24Q and Form 26Q

 24Q (salary)26Q (non-salary)
CoversSalary paid to employeesContractor, professional, rent, interest, commission
RateAverage rate on estimated annual salaryFixed rate by section — 1%, 2%, 10% and so on
CertificateForm 16, by 15 JuneForm 16A, quarterly
Fourth-quarter annexureAnnexure II with full salary detailNone
Regime electionRecorded for each employeeNot applicable

What affects the timeline

  1. When payment data arrivesThe return cannot be prepared until the quarter's payments and challans are complete and reconciled.
  2. Challan matchingA challan that does not appear in OLTAS has to be traced through the bank, which can take several days.
  3. PAN qualityInvalid or missing deductee PANs must be resolved before filing, or the return is filed at 20% and corrected later.
  4. Whether corrections are neededA correction statement cannot be filed until the original return has been processed by TRACES, which takes several days.

What happens afterwards

  1. Issue certificates on timeForm 16 by 15 June; Form 16A within fifteen days of the return due date. ₹100 per day per certificate under section 272A(2)(g) if late.
  2. Check the TRACES default summaryShort deduction, short payment and late payment defaults appear here. Resolving them early avoids a demand notice.
  3. Track the next deposit dateThe 7th of every month. It does not move for weekends or holidays in practice, so earlier is safer.
  4. Collect 206AB declarationsHigher rates apply to deductees who have not filed their own returns. The compliance check utility should be run each year.

What usually goes wrong

  1. Confusing the deposit and return datesDeposit by the 7th monthly; the return quarterly. Depositing on time and filing late still costs ₹200 a day.
  2. Deducting without a TAN₹10,000 under section 272BB, and the credit does not reach the deductee because there is no valid deductor identity on the return.
  3. Wrong or missing PANsTriggers the 20% rate under 206AA and leaves the deductee unable to claim credit. It is also the most common correction statement.
  4. Missing 194J on small consultantsThe ₹30,000 annual threshold catches almost every business using freelancers, and the resulting disallowance is 30% of the spend.
  5. Typing Form 16 instead of downloading itOnly a TRACES-generated certificate reconciles with the deductee's 26AS. A typed one is not valid.
  6. Ignoring the March quarter extensionThe Q4 return is due 31 May, not 30 April. Filing to the wrong date either way causes avoidable trouble.

Questions

What is the penalty for late TDS return filing?

₹200 per day under section 234E, capped at the amount of tax deducted in that return, plus a penalty between ₹10,000 and ₹1,00,000 under section 271H for a return filed more than a year late or with incorrect particulars. The 234E fee cannot be waived.

When is TDS payment due?

By the 7th of the following month for every month except March, which is due by 30 April. Late deposit carries interest at 1.5% a month from the date of deduction, and 1% a month applies separately where the tax should have been deducted and was not.

What happens if I do not deduct TDS at all?

Section 40(a)(ia) disallows 30% of the expense, so it is added back to taxable profit. Interest runs at 1% a month, and the deductor is treated as an assessee in default for the tax itself unless the recipient has already paid it and furnished a certificate in Form 26A.

Do I need a TAN to deduct TDS?

Yes for almost all cases, and deducting without one attracts ₹10,000 under section 272BB. The exceptions are the challan-cum-statement forms — 26QB for property purchase, 26QC for rent and 26QD for contractor payments by individuals — which use PAN instead.

What is section 206AB?

A higher deduction rate — twice the normal rate or 5%, whichever is higher — for deductees who have not filed their income tax return for the preceding year and have TDS of ₹50,000 or more. The income tax portal provides a compliance check utility to identify them.

Can a TDS return be revised?

Yes, by filing a correction statement, which is the normal way to fix a wrong PAN, an unmatched challan or a short deduction. The original return must have been processed by TRACES first, and there is no limit on the number of corrections.

When must Form 16 be issued?

By 15 June following the financial year. Form 16A is quarterly, due within fifteen days of the return due date. Late issue carries ₹100 per day per certificate under section 272A(2)(g).

Does TDS apply to payments to non-residents?

Yes, under section 195, and with no threshold at all — any sum chargeable to tax in India requires deduction. The treaty rate can be applied where the recipient provides a tax residency certificate and Form 10F, and Form 15CA and 15CB are required before the bank will remit.

Talk to us

Get started with TDS Return Filing

Tell us a little about the business and a chartered accountant will call you back. You will get a firm quote before any work begins.

  • A qualified accountant on the call, not a call centre
  • A firm quote before any work begins
  • Your details are never sold or shared

By submitting you agree to be contacted about this enquiry. We do not sell or share your details, and there is no obligation to proceed.