Introduction
Section 193 of the Income Tax Act, of 1961, specifies provisions related to the Tax Deducted at Source (TDS) on interest income from securities. According to this section, any individual or entity paying interest on securities to a resident must deduct TDS before making the payment. The primary objective behind this provision is to ensure that you collect taxes in advance at the source of income, minimizing evasion and ensuring timely tax collection.
The rules under Section 193 apply exclusively to residents, which means that NRIs receiving interest on securities are not subject to TDS under this section.
Key Features of Section 193 of the Income Tax Act
1. Who is Required to Deduct Tax?
Any individual or entity that provides interest on securities to a resident in India must deduct tax at source under Section 193. This includes government organizations, companies, corporations, and other entities that issue securities to raise capital.
2. Rate of TDS under Section 193
You deduct TDS at a rate of 10% on the interest income from securities. You make the deduction when you credit the income to the payee’s account or during the actual payment, whichever occurs earlier.
- If the payee does not provide a valid PAN, you withhold TDS at the maximum marginal rate.
- The payee may obtain a Nil TDS Certificate or a reduced TDS Certificate under Section 197 if applicable.
3. Due Dates for Payment of TDS
- If you credit the income in March (the end of the financial year), you must make the TDS payment by April 30th of the following year.
- For other months, you must pay TDS by the 7th of the following month in which you make the deduction.
Exemptions Under Section 193
Certain exemptions from TDS deduction apply under Section 193. Below are some scenarios where TDS is not required:
1. Interest on Government Securities
- Interest payable on securities issued by the Central Government or State Governments is exempt.
- This exemption does not apply to interest on 8% Savings (Taxable) Bonds, 2003, or similar taxable instruments.
2. Interest on Debentures Paid to Resident Individuals
A company does not need to deduct TDS if it pays interest on its listed debentures to a resident individual.
Conditions for exemption:
- The interest is paid by an account payee cheque.
- The total interest does not exceed ₹5,000 in a financial year.
3. Interest Paid to Certain Institutions
Interest payable to the following institutions is exempt from TDS:
- LIC (Life Insurance Corporation of India)
- GIC (General Insurance Corporation of India)
- Other insurance companies are approved by the government.
4. Interest on Securities Held by Certain Entities
Exemptions are applicable for interest payable to:
- Recognized provident funds.
- Approved gratuity funds.
- Approved superannuation funds.
- Other entities are notified by the government for exemption purposes.
5. Interest on Notified Securities
- Interest on specific securities notified by the Central Government is exempt.
- This is usually applicable to securities issued for particular projects or to promote investments.
6. Interest Payable to Non-Residents
- Certain securities issued by the government or companies are exempt from TDS when interest is paid to non-residents.
- These are often specified in double taxation avoidance agreements (DTAAs) or specific notifications.
7. Interest on Securities Issued by Cooperative Societies
- TDS does not apply to interest paid by cooperative societies to their members on securities.
You may also want to know Section 12A Income Tax Act
Deductions Not Covered Under Section 193
Certain interests are exempt from TDS deductions under Section 193. These include:
- Interest on 4.25% National Defence Bonds and loans issued by the government.
- Interest on specific debentures or bonds held by cooperative societies or public-sector companies.
- Interest on gold bonds issued in 1980 (7.5%) or 1977 (6.5%).
- Interest in dematerialized securities listed on recognized stock exchanges.
Steps to Deduct TDS under Section 193
- Identify the Payee: Ensure the payee is a resident individual or entity.
- Apply the Relevant TDS Rate: Deduct TDS at 10%, ensuring that the payee has provided a valid PAN. If the PAN is not available, TDS is withheld at the maximum marginal rate.
- Submit Form 197: The payee may submit Form 197 for Nil or reduced TDS deduction.
- Deposit TDS: Pay the deducted TDS to the government within the due dates (7th of the following month or 30th of April for March payments).
- Issue TDS Certificate: Provide the TDS certificate (Form 16A) to the payee for the amount deducted and deposited.
Conclusion
Section 193 of the Income Tax Act ensures the advance collection of taxes on interest income derived from securities. It mandates the deduction of TDS at 10% on such income and includes a variety of exemptions, such as interest on government bonds, debentures, and savings certificates. By deducting taxes at the source, it helps streamline tax collection for the government while ensuring compliance.
Entities paying interest on securities must remain compliant with the provisions of Section 193 to avoid penalties and ensure seamless transactions.