Section 194H specifies the rules for Tax Deduction at Source on commissions and brokerage by a resident citizen. Individuals who pay brokerage or commissions are eligible for a tax exemption under section 194H. That being said, the commission received from insurance purchases is not included in this segment. The tax-deductible at source (TDS) is deducted whenever a payment is provided in cash, draft, or cheque.

Section 194H addresses the TDS deduction on commission or brokerage payments. It requires a 5% tax deduction for any person (other than an employee or a HUF) who pays a fee or brokerage to a resident person whenever the sum reaches Rs.15000 in a calendar year. [3.75 percent from May 14, 2020, to March 31, 2021, at a decreased rate as declared by the Finance Minister owing to the Coronavirus pandemic].

Section 194H

TDS is also expected to be deducted under section 194H for all persons and HUFs who were mandated to have their accounts audited under section 44AB. The PAN and TAN of all companies concerned are the 2 documents that are mostly needed when it comes to tax deduction at source.

To explain section 194H, you must first grasp the basic concept of commission and brokerage. Commission or brokerage is defined as any payment obtained or receivable, directly or indirectly, by any person working in favor of an individual.  This covers any deal involving valued objects or products.

Rate of Tax Deduction under Section 194H

The rate of tax-deductible at root is set at 5% [3.75 percent from 14th May 2020 to 31st March 2021, at a decreased rate owing to the Finance Minister’s relief announcement owing to the Coronavirus disease outbreak]. in the Income Tax Act, There would be no certain charges, such as a surcharge or an education cess, attached to the above rates. If a deductee fails to include the PAN, the amount of tax-deductible at source (TDS) will be paid at 20%.

This recommended tax rate includes all taxes and does not include a special health and education cess.

Important points to be noted

  • TDS could therefore be deducted at the rate established by the government in the yearly budget.
  • Section 194H requires TDS to be reported to the government.
  • When collecting the TDS, the PAN and TAN data must be sent.

To summarize, whether you receive money from brokerage or commission, you must pay tax deductible at source (TDS) underneath the Income Tax Act of 1961. Section 194H governs all rules pertaining to Tax Deduction at Source (TDS). That being said, there are some fee or brokerage cases, such as commission on insurance deals, that are excluded from TDS under section 194H. In this case, the tax is withheld at the time of fee settlement or brokerage.