In India, transactions and payments made between taxpayers involve the deduction of Tax Deducted at Source (TDS) at the prescribed rate under various section 206AA of the Income Tax Act. Each of these sections outlines specific TDS rates, threshold limits, and conditions. One of the most critical conditions mandated by the Income Tax Act is the requirement to quote the Permanent Account Number (PAN) to the payer.
The failure to do so can lead to complications, including the TDS deduction not being accurately reflected in the payee’s name or Form 26AS, creating issues for the payee, payer, and the Income Tax Department. To address these challenges, Section 206AA of the Income Tax Act was introduced.
Section 206AA mandates that any taxpayer entitled to receive a sum of income on which TDS is applicable must furnish their PAN to the entity responsible for making the payment. Failure to provide a PAN results in TDS being deducted at a higher rate. This section applies to both resident and non-resident taxpayers (NRIs).
If a taxpayer fails to provide their PAN to the payer, the TDS will be deducted at the highest of the following rates:
Taxpayers can avoid TDS deductions by submitting a declaration under Section 197A using Form 15H or Form 15G.
Taxpayers must correctly quote their PAN on these forms to ensure validity. If they fail to do so, they will face TDS deductions at the higher rates specified under Section 206AA.
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Section 206AA applies to all payments that are subject to TDS unless specific exemptions are provided. If a taxpayer fails to furnish their PAN, the provisions of Section 206AA will be triggered, and a higher rate of TDS will apply.
In certain cases, Section 206AA does not apply. For instance:
A recipient of payment subject to TDS may apply for a certificate under Section 197 of the Income Tax Act, requesting a lower or nil deduction of TDS. However, this certificate will become invalid if the taxpayer does not furnish their PAN at the time of application. In such cases, the TDS will be deducted at the rates specified under Section 206AA.
Taxpayers can also submit a declaration under Section 197A to request a nil deduction of TDS. Individuals below 60 years of age use Form 15G, while senior citizens use Form 15H. However, failing to provide the PAN invalidates this declaration, resulting in TDS being deducted at higher rates.
Since June 1, 2016, the provisions of Section 206AA do not apply to non-residents and foreign companies. Specifically, it does not apply to interest payments on long-term bonds under Section 194LC.
The Finance Act of 2016 further relaxed the regulations for non-residents concerning payments such as interest, royalties, fees for technical services, and capital transfers. Non-resident individuals and foreign companies are exempt from the PAN requirement if they furnish the following details:
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Under certain circumstances, payments made to the Income Tax Department by non-residents will not be subject to Section 206AA. This includes payments related to interest, royalties, fees for technical services, and any capital assets, as well as interest on long-term bonds under Section 194LC, provided that the non-resident furnishes the required information to the Indian Income Tax Department.
The required information includes:
Section 206AA of the Income Tax Act plays a crucial role in ensuring compliance with TDS provisions by mandating the furnishing of PAN. The provision addresses issues caused by the non-availability of PAN, ensuring accurate recording and reporting of tax deductions.
While the section imposes higher TDS rates for those who fail to furnish their PAN, there are specific exemptions, particularly for non-residents and foreign companies. Taxpayers need to be aware of these provisions to avoid higher tax deductions and ensure compliance with the Income Tax Act.
If you fail to furnish your PAN, TDS will be deducted at the highest rate of either 20%, the rate specified in the relevant provision of the Income Tax Act, or the rate in force.
Yes, non-residents and foreign companies are exempt from Section 206AA if they provide certain details such as name, address, TIN, and a tax certificate from their country of residence.
Yes, you can avoid higher TDS rates by furnishing a declaration under Section 197A using Form 15G or 15H, provided your PAN is quoted correctly. If your PAN is not provided, the declaration becomes invalid, and higher TDS rates will apply.
If your PAN is not furnished, Form 15G and Form 15H declarations will become invalid, and TDS will be deducted at the rates specified under Section 206AA.
NRIs can avoid being subject to Section 206AA by providing their name, address, TIN, and a tax certificate from their country of residence to the Indian Income Tax Department.
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