Section 206AA

5paisa Research Team

Last Updated: 25 Jun, 2024 04:58 PM IST

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Deduction of TDS at appropriate rate under various sections is part of transactions & payments between taxpayers. threshold limit & circumstances are also specified in each area pertaining to TDS rates.

What Is Section 206AA Of Income Tax Act?

When taxpayer is entitled to receive any amount that is known to be eligible for TDS, they must provide PAN to taxpayer who is paying relevant amount of income. TDS deduction would be made at greater rate if PAN quotation failed. Both resident taxpayers & non-resident taxpayers are covered under Section 206AA.

What Is Rate Of TDS Under Section 206AA

Following examples of people who might incur TDS at higher rates if they did not provide PAN to payer:

  • At rates set forth in applicable Act provision.
  • At pace set by force.
  • At 20 percent rate.
     

Applicability Of Lower Tax Deduction With Section 206AA

  • Under Section 197 of IT Act, recipient of payment subject to TDS may apply for reduced or nonexistent TDS deduction. Under specific conditions, individual's AO (Assessing Officer) will provide certificate for TDS deduction at specified rates for prearranged duration.

On other hand, if your PAN is not supplied at time of application, such certifications will be void. In event that PAN is entered improperly, these certificates can potentially become invalid. In this case, TDS rates will be determined by applying Section 206AA, & advantages of reduced or zero deduction will not apply.

  • You may also make declaration to your payer under Section 197A to request zero tax deduction. Recipients under 60 years of age may make declarations on Form 15G, while recipients above 60 years of age may utilize Form 15H. This declaration will be null & void & TDS withheld at reduced rates if your PAN is lacking.

Non-Applicability Of Section 206AA

Following are examples of situations where provisions of Section 206AA do not apply:

  • If payee's PAN is erroneous or does not belong to them, same outcome will happen. tax in this instance would be subtracted using rates specified in Section 206AA.
  • Foreign firms & non-residents have been exempt from Income Tax Act's Section 206AA requirements since June 1, 2016. It would not apply to interest payments on long-term bonds under Section 194LC. Finance Act of 2016 also relaxed rules under Section 206AA regarding royalties, interest, capital transfers, & fees for technical services rendered to non-residents.

Rule 37BC exempts foreign organizations & non-resident people from PAN requirement if they provide their names, contact details, full addresses, tax identity numbers, & other relevant information.
 

Exceptions On TDS Rate Under Section 206AA

Tax compliance under Section 206AA is crucial for foreign national taxation & non-resident taxation. Ensuring proper TDS by providing PAN or Tax Residency Certificate helps avoid higher deductions & maintain tax compliance. 
TDS is withheld at varying rates depending on whether section 194O or section 194Q applies to payment being made. Section 194Q is for deduction of TDS on payment of specific amount for purchase of goods, whereas section 194Q deals with TDS deduction for payments made to e-commerce participants.
 

Following rates will be applicable in such scenario: -At rate mentioned in Income Tax Act's provisions; -At 5% ( applicable tax rate under section 206AA).

There is higher TDS rate than those listed above.
 

Difference Between Section 206AA Vs Section 206Ab

Section 206AA of Income Tax Act mandates higher Tax Deduction at Source (TDS) rates for individuals not providing Permanent Account Number (PAN). This section is applicable to both resident & non-resident taxpayers, enforcing stricter tax compliance. 
According to Section 194C of Income Tax Act, individual taxpayers would have their tax withheld at rate of 1%. Tax is computed at 20%, whichever is higher, under section 206AA. TDS is withheld at double TDS rate, or % or 5%, whichever is higher, in accordance with section 206AB.

Conclusion

Section 206AA of Income Tax Act mandates that individuals, regardless of their Resident Status, must provide their Permanent Account Number (PAN) for Tax Deduction at Source (TDS). This is crucial for both Resident & Non-resident Taxation. For Foreign National Taxation, failure to furnish PAN results in higher TDS rates. Ensuring Tax Compliance, foreign nationals can submit Tax Residency Certificate to avail treaty benefits.

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Frequently Asked Questions

Failure to provide PAN under Section 206AA results in TDS being deducted at higher rate of 20%.

Yes, Section 206AA applies to non-residents as well.

No, Form 15G or 15H cannot be used to avoid higher TDS under Section 206AA.

Yes, PAN obtained outside India can be used for compliance with Section 206AA.