A New section 194M has inserted by Finance Act, 2019 to break loophole while payment by individual/HUF to contractors and professional when it is use of business use (where assessee not liable to deduct TDS) or personal use.
Reason Why This Section Inserted
Prior to this finance act, 2019, There is no liability on an individual or Hindu undivided family (HUF) to deduct tax at source on any payment made to a resident contractor or professional when it is for personal use. Further, if the individual or HUF is carrying on business or profession which is not subjected to audit, there is no obligation to deduct tax at source on such payment to a resident, even if the payment is for the purpose of business or profession. Due to this exemption, substantial amount by way of payments made by individuals or HUFs in respect of contractual work or for professional service is escaping the levy of TDS, leaving a loophole for possible tax evasion.
To plug this loophole, it is proposed to insert a new section 194M in the Act to provide for levy of TDS at the rate of five per cent. on the sum, or the aggregate of sums, paid or credited in a year on account of contractual work or professional fees by an individual or a Hindu undivided family, not required to deduct tax at source under section 194C and 194J of the Act, if such sum, or aggregate of such sums, exceeds fifty lakh rupees in a year.
WHAT NEW SECTION 194M SAYS
Any person, being an individual or a Hindu undivided family (other than those who are required to deduct income-tax as per the provisions of Section 194C, Section 194H or Section 194J)
responsible for paying any sum to any resident for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract, by way of commission (not being insurance commission referred to in Section 194D) or brokerage or by way of fees for professional services during the financial year
shall, at the time of credit of such sum or at the time of payment of such sum in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct an amount equal to five per cent of such sum as income-tax thereon.
Threshold Limit
No such deduction under this section shall be made if such sum or, as the case may be, aggregate of such sums, credited or paid to a resident during a financial year does not exceed fifty lakh rupees.
APPLICABILTY
This section apply from 1st September, 2019.
OTHER POINTS
1. Such individuals or HUFs shall be able to deposit the tax deducted using their Permanent Account Number (PAN) and shall not be required to obtain Tax deduction Account Number (TAN).
2. For the Purpose of this Section
(i) “Contract” shall have the meaning assigned to it in clause (iii) of the Explanation to Section 194C;
(ii) “Commission or brokerage” shall have the meaning assigned to it in clause (i) of the Explanation to Section 194H;
(iii)“professional services” shall have the meaning assigned to it in clause (a) of the Explanation to Section 194j;
(iv) “work” shall have the meaning assigned to it in clause (iv) of the Explanation to Section 194C;