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§ Insights · Taxation & Regulatory

TDS Compliance in India: Deduct, Deposit, File, Certify

30 October 2026 · 8 min read · General information, not legal advice — see the disclaimer.

Tax deducted at source is where Indian tax law is most unforgiving to ordinary businesses: the obligation arises on the payer, the deadline is monthly, and the penalty for getting it wrong falls on the payer’s own books. This guide walks the TDS cycle from TAN to certificates and sets out the consequences of each kind of default. Section references are deliberately left out because the numbering changed under the Income-tax Act, 2025.

Income-tax Act, 2025 — provisions on deduction and collection of tax at sourceIncome-tax Act, 1961 (for payments before 1 April 2026)Income-tax Rules and notified forms
In brief
  • The cycle: register TAN → deduct at the right rate → deposit → file the quarterly statement → issue certificates.
  • Deposit falls due by the 7th of the following month (30 April for March deductions); quarterly statements fall due after each quarter closes.
  • Three costs stack up on default: interest, a late-filing fee, and the disallowance of a part of the expense in the payer’s own return.
  • Rates and thresholds depend on the nature of payment and the payee’s status, and are reset by Finance Acts and notifications — verify for the year in question.

The TDS cycle

  1. 01

    Register

    Apply for a Tax Deduction and Collection Account Number (TAN); quote it on every challan, return and certificate.

  2. 02

    Deduct

    At credit or payment, whichever is earlier, apply the rate for the nature of payment; check PAN and any lower-deduction certificate.

  3. 03

    Deposit

    Pay to the government by the 7th of the next month (30 April for March).

  4. 04

    File

    Quarterly TDS statement for each of the four quarters, reconciled to challans.

  5. 05

    Certify

    Issue TDS certificates to payees — salary certificate once a year, non-salary certificates quarterly.

Who has to deduct

Any person making specified payments — salary, contractor and professional fees, rent, commission, interest, and payments to non-residents among them — is a “deductor” if the payment crosses the threshold for that category. Companies and firms have no residual exemption: a small private company paying a freelance designer must be set up to deduct as well. The obligation is to deduct tax, not merely to pay the payee, which means the invoice and the payment instruction should show the gross figure, the deduction and the net.

Typical payment heads

Payment categories that commonly arise — rates and thresholds are reset periodically; verify the current figure
PaymentTypical deducteeConsiderations
SalaryEmployeeEstimated tax on the employee’s slab; Form 16 annually
Contractor or sub-contractor paymentsIndividual / HUF, othersHigher rate where the payee is a company or firm; single-payment and annual thresholds apply
Professional and technical feesProfessional, consultantIncludes directors’ fees; threshold applies per payee per year
RentLandlordDifferent rates for plant and machinery vs land, building and furniture
Commission and brokerageAgentThreshold-linked
Payments to non-residentsNon-residentRates on the face of the Act or the applicable treaty; Form 15CA/15CB for remittances; coordinate with FEMA compliance
Purchase of immovable propertySellerBuyer deducts on payment above a threshold and files a separate challan-cum-statement

Deposit and filing deadlines

ItemDeadline
Deposit of tax deducted7th of the following month; 30 April for deductions made in March
Quarterly statement — April to June31 July
Quarterly statement — July to September31 October
Quarterly statement — October to December31 January
Quarterly statement — January to March31 May
Salary certificate for the year15 June
Non-salary certificateWithin 15 days after the due date of the quarterly statement

What happens when it goes wrong

Consequences of TDS default
DefaultWhat follows
Tax not deductedPayer is treated as an assessee in default for the tax; interest runs from the date deduction was due
Deducted but not depositedHigher interest for the period; prosecution provisions apply where tax deducted is retained
Deducted or deposited lateInterest per month or part of a month; a part of the expense may be disallowed in the payer’s income until deposit
Quarterly statement filed lateLate-filing fee per day until filed, capped at the tax deductible; penalty for failure to file within a year
Wrong PAN or missing PANHigher rate of deduction; payee cannot claim full credit — a recurring source of reconciliation failures
Certificate issued lateFee per day of delay

Controls that prevent most defaults

TDS control list

  • Vendor master holds PAN, TAN where relevant, residency status and lower-deduction certificate on file
  • Payment categories are mapped to rates in the accounting system, with annual rate review
  • Deduction journal entries are reconciled to the TDS challan before the 7th of each month
  • Quarterly statement is prepared from the ledger, not from memory, and reconciled to challans
  • Certificates are issued from the portal and a copy is kept with the vendor file
  • Notices on defaults and demands are tracked against the TRACES portal

Frequently asked

Is TDS applicable on GST amounts shown separately on an invoice?

Where GST is indicated separately in the invoice, the general administrative position has been that tax is deducted on the amount excluding GST. Confirm for the payment category and year, since treatment can differ for items such as rent and for specific notified clarifications.

Can a payee ask for a lower or nil deduction?

Yes, on application to the Assessing Officer for a lower-deduction certificate where the payee’s expected tax liability is lower than the TDS that would otherwise be deducted. The certificate has a fixed validity and amount.

What is a TAN and how is it different from PAN?

PAN identifies a taxpayer; TAN is the Tax Deduction and Collection Account Number that identifies the deductor on challans, returns and certificates. A deductor needs a TAN even if it has a PAN.

Does TDS apply to payments to foreign vendors?

Often yes: payments to non-residents are subject to deduction at rates under the Act or the applicable tax treaty, and remittance requires the prescribed accountant’s certificate and declaration. These are also FEMA-regulated cross-border payments, so the tax and foreign-exchange paperwork should be aligned.

Rates, thresholds, forms and due dates for TDS are reset by Finance Acts, rules and CBDT notifications, and form numbers changed with the Income-tax Act, 2025. Verify the current notified position before deducting. Not a substitute for advice from an advocate or chartered accountant on your facts.

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