Section 194 of Income Tax Act - TDS on Payment of Dividend

What is TDS on Dividend Under Section 194 of Income Tax Act?

Under section 194, the dividend received on equity shares is taxable at the applicable slab rates. The income is taxable in the hands of the receiver, and TDS is applicable. The company paying dividends has to deduct TDS under section 194 @10% if the shareholder’s total dividend in a year is more than Rs.5000 and is applicable from 1st April 2020 onwards.

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What are the requirements to deduct TDS under section 194?

A principal officer of a company that is in the process of declaring dividends (equity or preference or both) in India is required to deduct tax on dividends covered in the sub-clause (a) or (b) or (c) or (d) or (e) of clause 22 of section 2.

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What is the tax rate of TDS u/s 194?

• TDS is deducted at 10% under section 194 if the dividend amount is more than 5000 in a year. TDS is deducted at the time of making payment or credit, whichever is earlier. Payment can be made via cheque, draft, or online.
• If the payee does not provide a PAN number, TDS has to be deducted at 20%.

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What are the exceptions to TDS deduction under section 194?

No tax deduction will be made u/s 194 in the case of the shareholder (who is an individual) when:

• No TDS is deducted if the dividend is covered under section 115-O.
• The dividend is paid to LIC, GIC, or its subsidiaries or to any other insurer with respect to the shares that are owned by them or in which they have a full beneficial interest.
• Dividends paid to a business trust, as defined in clause (13A) of Section 2, by a special purpose vehicle referred to in the Explanation to clause (23FC) of Section 10, are exempt from TDS.
• If you have submitted Form I5G/15H your income is below the taxable limit.
• Any other person notified by the Central Government in the Official Gazette is also exempt from TDS deduction

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Time Limit to Deposit TDS Collected

The TDS collected by the company has to deposit the amount of TDS deducted with the government. Here’s the deadline for depositing the same -

• The tax withheld from April to February has to be deposited with the government by the 7th of the following month. If the due date falls on a Sunday or public holiday, the next working day is considered the last date for payment. Any delay in such a deposit might lead to penalties.
• The taxes for March should be paid by April 30th or earlier.

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What is Section 2(22)(a) or (b) or (c) or (d) of Income Tax Act?

What is Section 2(22)(a)- Distribution of Assets Deemed as Dividend?

• It includes the distribution of accumulated profits made by a company, whether capitalized or not.
• If such distribution of dividends involves the release of all assets or a part of the assets to the shareholders by the company.

Accumulated profits: Company’s all profits up to the date of distribution

All profits of the company in the form of current business profits, tax-free incomes, general reserve, investment allowance reserve, etc.

It does not include revaluation reserve and depreciation reserve.

Section 2(22)(b)- Distribution of Debentures etc. Deemed as Dividend

If any amount is distributed by the company to its shareholders, the dividend includes -

• Debenture, debenture stock, or deposit certificates of any form, with interest or without interest to equity shareholders or preference shareholders.
• Bonus shares distribution to preference shareholders.
• The extent to which a company possesses accumulated profits, whether capitalized or not.

Section 2(22)(C)- Distribution of Assets on Liquidation Deemed as Dividend

Any amount distributed by the company to its shareholders on its liquidation -

• To the extent where such distribution can be attributed to the accumulated profits of the company right before its liquidation, whether capitalized or not. However, any amount distributed from the company’s profits after its liquidation cannot be considered a dividend.
• When liquidation happens due to the compulsory acquisition by the government, the accumulated profits do not include the company’s profits before 3 consecutive previous years preceding the previous year when the acquisition took place.

Section 2(22)(d)- Distribution on Reduction of Share Capital Deemed as Dividend

A dividend includes any distribution to its shareholders by a company on the reduction of its capital to the extent to which the company possesses accumulated profits, whether capitalized or not, is deemed as a dividend.

Section 2(22)(e)- Loans & Advances by Closely held Company Deemed as Dividend

Dividend Includes: Any payment by a company not being a company in which the public is substantially interested of any sum by way of loan or advance to be-

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