Section 206AA
5paisa Research Team
Last Updated: 25 Jun, 2024 04:58 PM IST
Want to start your Investment Journey?
Content
- What Is Section 206AA Of Income Tax Act?
- What Is Rate Of TDS Under Section 206AA
- Applicability Of Lower Tax Deduction With Section 206AA
- Non-Applicability Of Section 206AA
- Exceptions On TDS Rate Under Section 206AA
- Difference Between Section 206AA Vs Section 206Ab
- Conclusion
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.
More About Tax
- Section 115BAA-Overview
- Section 16
- Section 194P
- Section 197
- Section 10
- Form 10
- Section 194K
- Section 195
- Section 194S
- Section 194R
- Section 194Q
- Section 80M
- Section 80JJAA
- Section 80GGB
- Section 44AD
- Form 12C
- Form 10-IC
- Form 10BE
- Form 10BD
- Form 10A
- Form 10B
- All About Income Tax Clearance Certificate
- Section 206C
- Section 206AA
- Section 194O
- Section 194DA
- Section 194B
- Section 194A
- Section 80DD
- Municipal Bonds
- Form 20A
- Form 10BB
- Section 80QQB
- Section 80P
- Section 80IA
- Section 80EEB
- Section 44AE
- GSTR 5A
- GSTR-5
- GSTR 11
- GST ITC 04 Form
- Form CMP-08
- GSTR 10
- GSTR 9A
- GSTR 8
- GSTR 7
- GSTR 6
- GSTR 4
- GSTR 9
- GSTR 3B
- GSTR 1
- Section 80TTB
- Section 80E
- Section 80D Of Income Tax Act
- Form 27EQ
- Form 24Q
- Form 10IE
- Section 10(10D)
- Form 3CEB
- Section 44AB
- Form 3CA
- ITR 4
- ITR 3
- Form 12BB
- Form 3CB
- Form 27A
- Section 194M
- Form 27Q
- Form 16B
- Form 16A
- Section 194LA
- Section 80GGC
- Section 80GGA
- Form 26QC
- Form 16C
- Section 1941B
- Section 194IA
- Section 194D
- Section 192A
- Section 192
- Supply without consideration under GST
- List of Goods & Services Exempt Under GST
- How to Pay GST Online?
- GST Impact on Mutual Funds
- Documents Required for GST Registration
- How to Deposit Self Assessment Tax Online?
- How to Get Income Tax Return Copy Online?
- How can traders avoid income tax Notices?
- Income Tax Return Filing For Futures And Options
- Income Tax Return (ITR) for Mutual Funds
- What Are Tax Benefits on Gold Loan
- Payroll Tax
- Income Tax for Freelancers
- Tax Saving Tips for Entrepreneurs
- Tax Base
- 5 Heads of Income Tax
- Income Tax Exemptions for Salaried Employees
- How to Deal with Income Tax Notice
- Income Tax For Beginners
- How to save tax in India
- What Taxes Has GST Replaced?
- How to Register for GST India Online
- How to File GST Returns for Multiple GSTINs
- Suspension of GST registration
- GST vs Income Tax
- What Is HSN Code
- GST Composition Scheme
- History of GST in India
- Difference Between GST and VAT
- What is Nil ITR Filing and How to File It?
- How to File ITR for Freelancer
- 10 Tips for First-time Taxpayers While Filing for ITR
- Tax Saving Options Other Than Section 80C
- Tax Benefits of Loans in India
- Tax Benefit on Home Loan
- Last minute Tax Filing Tips
- Income Tax Slab for Women
- Tax Deducted at Source (TDS) under Goods and Service Tax
- GST Interstate vs GST Intrastate
- What is GSTIN?
- What is Amnesty Scheme for GST
- Eligibility for GST
- What is Tax Loss Harvesting? An Overview
- Progressive Tax
- Tax Write Off
- Consumption Tax
- How to Pay Off Debt Faster
- What is Withholding Tax?
- Tax Avoidance
- What is Marginal Tax Rate?
- Tax to GDP Ratio
- What is Non Tax Revenue?
- Tax Benefits From Equity Investment
- What is Form 61A?
- What is Form 49B?
- What is Form 26Q?
- What is Form 15CB?
- What is Form 15CA?
- What is Form 10F?
- What is Form 10E in Income Tax?
- What is Form 10BA?
- What is Form 3CD?
- Wealth tax
- Input Tax Credit (ITC) under GST
- SGST – State Goods and Service Tax
- What are Payroll Taxes?
- ITR 1 vs ITR 2
- 15h Form
- Excise Duty on Petrol and Diesel
- GST on Rent
- Late Fees and Interest on GST Return
- Corporate Tax
- Depreciation under Income Tax Act
- Reverse Charge Mechanism (RCM)
- General Anti-Avoidance Rule (GAAR)
- Difference Between Tax Evasion and Tax Avoidance
- Excise Duty
- CGST - Central Goods and Services Tax
- Tax Evasion
- Residential Status Under the Income Tax Act
- 80EEA Income Tax
- GST on Cement
- What is Patta Chitta
- Payment of Gratuity Act 1972
- Integrated Goods and Services Tax (IGST)
- What Is TCS Tax?
- What Is Dearness Allowance?
- What Is TAN?
- What Are TDS Traces?
- Income Tax for NRI
- ITR Filing Last Date FY 2022-23 (AY 2023-24)
- Difference Between TDS and TCS
- Difference Between Direct Tax vs Indirect Tax
- GST Refund Process
- GST Invoice
- GST compliance
- Income Tax Rebate under Section 87A
- Section 44ADA
- Tax Saving FD
- Section 80CCC
- What Is Section 194I?
- GST On Restaurants
- Advantages and Disadvantages of GST
- Cess on Income Tax
- Standard Deduction Under Section 16 IA
- Capital Gain Tax on Property
- Section 186 Of the Companies Act 2013
- Section 185 Of the Companies Act 2013
- Section 115 BAC of the Income Tax Act
- GSTR 9C
- What is Memorandum of Association?
- 80ccd of Income Tax Act
- Types of Taxes in India
- GST on Gold
- GST Slab Rates 2023
- What is Leave Travel Allowance (LTA)?
- GST on Car
- Section 12A
- Self Assessment Tax
- GSTR 2B
- GSTR 2A
- GST on Mobile Phones
- Difference Between Assessment year and Financial year
- How to Check Income Tax Refund Status
- What Is Voluntary Provident Fund?
- What Is Perquisites
- What Is Conveyance Allowance?
- Section 80DDB Of Income Tax Act
- What is Agriculture Income?
- Section 80u
- Section 80gg
- 194n TDS
- What is 194c
- 50 30 20 rule
- 194h TDS
- What is Gross Salary?
- Old vs New Tax Regime
- What Is Short Term Capital Gains Tax?
- What Is 80TTA Deduction?
- Income Tax Slab 2023
- Form 26AS - How to Download Form 26AS
- Income Tax Slab for Senior Citizens: FY 2023-24 (AY 2024-25)
- What is a Financial Year?
- Deferred Tax
- Section 80G - Donations Eligible Under Section 80G
- Section 80EE- Income Tax Deduction for Interest on Home Loan
- Form 26QB: TDS on Sale of Property
- Section 194J - TDS for Professional or Technical Services
- Section 194H – TDS on Commission and Brokerage
- How to Check TDS Refund Status?
- Securities Transaction Tax
- How To Save Tax In India Without Investment?
- What is Indirect Tax?
- What is a Fiscal Deficit?
- What is Debt-to-Equity (D/E) Ratio?
- What is Reverse Repo Rate?
- What is Repo Rate?
- What is Professional Tax?
- What are Capital Gains?
- What is Direct Tax?
- What is Form 16?
- What is TDS? Read More
Disclaimer: Investment in securities market are subject to market risks, read all the related documents carefully before investing. For detailed disclaimer please Click here.
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.