TDS (Tax Deducted at Source) on rent in India is governed by two provisions: Section 194-I and Section 194-IB. Section 194-I applies to entities (companies, firms, HUFs, and individuals who are required to audit their books) paying rent exceeding ₹2,40,000 per year — they must deduct TDS at 10% on rent paid for land, building, furniture, or fittings. Section 194-IB applies to individuals and HUFs (who are NOT required to audit) paying monthly rent exceeding ₹50,000 — they must deduct TDS at 5% in the last month of the financial year or the last month of tenancy. The deductor (tenant) must have a TAN (Tax Account Number) for Section 194-I; for Section 194-IB, the tenant uses PAN and files Form 26QC. The landlord's rental income is taxable under 'Income from House Property' — gross rent minus 30% standard deduction (in lieu of maintenance/repairs) minus municipal taxes paid, gives Net Annual Value (NAV), which is taxable at slab rate. TDS deducted appears in Form 26AS and the landlord must declare gross rent in ITR and claim TDS as a credit. If TDS is higher than tax liability, the excess is refunded. The tenant deducting TDS must issue Form 16C (TDS certificate) to the landlord. Understanding TDS on rent is important for both landlords (to avoid under-declaring rental income) and tenants (to comply with deduction obligations).
TDS u/s 194-I = Annual Rent × 10% (if annual rent > ₹2,40,000, deductor is company/audit entity) | TDS u/s 194-IB = Monthly Rent × 5% (if monthly rent > ₹50,000, deductor is individual/HUF, deducted once per year)
- 1Determine which section applies: If you are an individual/HUF not required to audit and paying rent > ₹50,000/month, use Section 194-IB; if you are a company or audit-required entity, use Section 194-I.
- 2For 194-IB: deduct TDS at 5% in the last month of the financial year (March) or the month of leaving if tenancy ends. Deposit TDS via Form 26QC on the TIN NSDL portal within 30 days from the end of the month of deduction.
- 3For 194-I: deduct TDS at 10% each month (or each payment) if total annual rent > ₹2,40,000. Deposit with government by 7th of following month. File quarterly TDS return (Form 26Q).
- 4Issue Form 16C to the landlord within 15 days of deposit of TDS — this is the landlord's TDS certificate.
- 5The landlord declares gross rent in ITR under 'Income from House Property', deducts 30% standard deduction + municipal taxes, and claims TDS credit from Form 26AS.
- 6If TDS deducted exceeds actual tax on rental income (after all deductions and exemptions), the landlord claims a refund in ITR.
- 7If landlord's PAN is not provided, TDS rate is 20% under 194-I and 20% under 194-IB — ensuring PAN is shared is in both parties' interest.
TDS under 194-IB is deducted only ONCE per year (last month or last month of tenancy)
194-IB applies as monthly rent > ₹50,000. TDS = 5% on annual rent = 5% of 7.2L = ₹36,000. Deducted from March rent (₹60,000 - ₹36,000 = ₹24,000 paid to landlord in March). Deposit TDS via Form 26QC by April 30. Issue Form 16C to landlord.
Section 194-I: TDS deducted each month; quarterly TDS return (Form 26Q) filed
194-I applies as deductor is a company and annual rent > ₹2.4L. Monthly TDS = 10% = ₹10,000. Deposit by 7th of following month. Annual TDS = ₹1.2L. Landlord receives ₹90,000/month and claims ₹10,000/month TDS credit in ITR.
Landlord must file ITR and pay balance tax; rental income is taxable income
Gross rent ₹7.2L - municipal tax ₹12K = NAV ₹7.08L. 30% standard deduction = ₹2.12L. Taxable HP = ₹4.96L. At 20% slab = ₹99,120. TDS credit ₹36,000. Balance tax = ₹63,120. If landlord has home loan interest, that's additionally deductible u/s 24.
Non-deduction of TDS makes the TENANT (not the landlord) liable for the tax plus penalty
If TDS is not deducted when obligated, the tenant is liable to pay the tax (5% of annual rent = ₹42,000), plus 1% per month interest on the tax amount from March to actual payment date, plus a penalty under Section 271C (minimum ₹100/day under Section 272A). The landlord must also pay self-assessment tax on the full rent income.
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Extreme input values
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Assumption violations
In practice, this edge case requires careful consideration because standard assumptions may not hold. When encountering this scenario in india tds rent calculations, practitioners should verify boundary conditions, check for division-by-zero risks, and consider whether the model's assumptions remain valid under these extreme conditions.
Rounding and precision effects
In practice, this edge case requires careful consideration because standard assumptions may not hold. When encountering this scenario in india tds rent calculations, practitioners should verify boundary conditions, check for division-by-zero risks, and consider whether the model's assumptions remain valid under these extreme conditions.
| Feature | Section 194-I | Section 194-IB |
|---|---|---|
| Who deducts | Companies, firms, audit-required entities | Individuals/HUF not required to audit |
| Threshold | Annual rent > ₹2,40,000 | Monthly rent > ₹50,000 |
| TDS Rate | 10% (land/building/furniture) | 5% |
| Frequency of deduction | Each payment/month | Once per year (March or last month) |
| TAN required | Yes | No (use PAN) |
| Form to file | Form 26Q (quarterly) | Form 26QC (per transaction) |
| TDS certificate to landlord | Form 16A | Form 16C |
| Deadline to deposit | 7th of following month | 30 days from end of deduction month |
What is the difference between Section 194-I and Section 194-IB for TDS on rent?
Section 194-I applies to companies, firms, and any individual/HUF required to audit their books (turnover > ₹1 crore for business or ₹50 lakh for professionals): TDS at 10% if annual rent > ₹2,40,000, deducted each payment. Section 194-IB applies to individuals and HUFs NOT required to audit: TDS at 5% if monthly rent > ₹50,000, deducted only once per year (in the last month of the financial year or last month of tenancy).
Does a salaried individual have to deduct TDS on rent paid to landlord?
If a salaried individual (not in business) pays monthly rent above ₹50,000, they must deduct TDS at 5% under Section 194-IB in the last month of the financial year. This applies even if you are just a salaried employee. No TAN is required — file Form 26QC on TIN NSDL portal using your PAN. Many salaried tenants are unaware of this obligation.
What is Form 26QC and how to file it?
Form 26QC is the TDS return for rent payments under Section 194-IB. It is filed by the tenant (individual/HUF) on the TIN NSDL portal (tin.tin.nsdl.com) within 30 days from the end of the month in which TDS is deducted (typically by April 30 for March deduction). You need the landlord's PAN, annual rent details, and your PAN. The TDS amount is paid online simultaneously with the form submission.
Can a landlord avoid TDS on rent by submitting Form 15G/15H?
No. Form 15G/15H cannot be used to prevent TDS on rental income under Section 194-I or 194-IB. These forms are only applicable for interest income under Section 194A (FD/RD interest). The landlord cannot instruct the tenant to not deduct TDS. The tenant is legally obligated to deduct TDS once rent crosses the thresholds. The only relief is for the landlord to apply to the AO for a lower/nil deduction certificate under Section 197.
What is the standard deduction on rental income under House Property?
Under Section 24(a), a flat 30% standard deduction is allowed on the Net Annual Value (NAV) of house property — no questions asked, no actual expenses required. This is meant to cover repairs, maintenance, insurance, and collection expenses. Additionally, home loan interest is deductible under Section 24(b) (up to ₹2 lakh for self-occupied; no limit for rented property under old regime).
What happens if the landlord does not provide their PAN for TDS?
If the landlord refuses to provide PAN, TDS must be deducted at 20% (instead of 5% or 10%). This higher TDS rate is punitive for the landlord who then needs to claim a larger refund. For the tenant, the obligation is fulfilled at 20%. Both parties benefit from sharing PAN — the tenant deducts at the lower rate and the landlord gets a reasonable TDS credit matching their actual tax.
How does rental income affect the home loan interest deduction for the property owner?
For a rented-out property under the old tax regime, the entire home loan interest is deductible under Section 24(b) with no upper limit. Net Annual Value (after 30% deduction and home loan interest) is added to total income. If home loan interest exceeds NAV, the resulting loss from house property (up to ₹2 lakh) can be set off against other income (salary, FD interest). Excess loss can be carried forward for 8 years.
Does TDS apply on rent paid to an NRI landlord?
If the landlord is an NRI, TDS applies under Section 195 at 30% + surcharge + cess on the rent (not just capital gains). The NRI landlord can apply for a lower deduction certificate (Form 13) if the actual tax is lower due to applicable deductions. The tenant must obtain TAN and file Form 27Q for TDS on rent paid to NRI landlords — stricter than the 194-IB process.
Pro Tip
If you are an individual paying > ₹50,000/month rent, set a reminder to file Form 26QC on TIN NSDL by April 30. Keep the landlord's PAN on file from the start of tenancy. Include the TDS deduction clause in the rent agreement to avoid disputes — specify that rent payment in March will be net of TDS deduction.
Did you know?
The TDS on rent provision was introduced in India in 1999 to capture the large unorganised rental income sector. Before this, it was estimated that over 80% of rental income was undeclared. Despite 25 years of the provision, compliance remains patchy — particularly among individual tenants. The Finance Ministry's AIS (Annual Information Statement) data now shows all rental transactions, making non-declaration of rental income by landlords increasingly detectable.