• TDS on rent >50K per month

I missed deducting TDS for my rent of Rs.72K per month for FY 1819. I also did not file it.

Do I need to pay TDS now and pay penalty, OR can my landlord pay the tax since I have anyway passed on the entire rent to him. One CA told me that this is possible. However, I want to be doubly sure.
Asked 6 years ago in Property Tax

Yes this is possible but if this is caught by Tax department you can be asked to pay interest on TDS which you failed to pay.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

 

 

 

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Hi,

 

- You need to obtain Form 26A from the practicing CA who will certify that the landlord has furnished the ITR and has taken into account such income for computing income in return of income and has paid the tax due on the income declared by him in such return of income. Please ensure that landlord was resident in F.Y. 201-19.

 

- Fulfilling the above condition will not make you assessee in default.

 

Thanks

Vivek Kumar Arora
CA, Delhi
5012 Answers
1135 Consultations

You should get the money back from your landlord and pay tds to the government.

 

You should also file TDS return.

 

The option of landlord paying taxes is applicable for business assessees wherein they don't need to disallow the expenditure if receiver has paid the taxes.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Dear Sir,

 

Hope you are doing well !!

 

Tenants have to deduct TDS  and deposit it with the government.

 

“If the tenant does not deduct the TDS or fails to deposit the tax with the government, both tenant as well as landlord will have to pay penalty and interest.

 

It is advisable to take the TDS amount from landlord and deposit the same to government.

 

Otherwise,the penalty for not deducting TDS and not depositing the tax with the government is 1 per cent and 1.5 per cent, respectively, per month.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hello Sir,

 

Yes, it is possible.

 

Please make sure that landlord has declared the rent income and paid the taxes.

 

There is no need to worry. 

 

 

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

Hello,

 

Yes, it is possible. Just make sure that your landlord has properly declared this rental income in his income tax return.

I hope this answer satisfies your requirement.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

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