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July 30, 2020

Know all about TDS on Interest on Securities as per section 193

by Mahesh Mara in Compliance Law

Know all about TDS on Interest on Securities as per section 193

Tax deduction at source is a means of collecting tax on income, dividends or asset sales, by requiring the payer to deduct tax due before paying the balance to the payee. In India, under the Indian Income Tax Act of 1961, income tax must be deducted at source as per the provisions of the Income Tax Act, 1961. In this article we will discuss Tax deducted at source on interest other than securities. Section 193 deals with the scheme of deduction of tax at source from interest on securities.

When does section 193 TDS on Interest on securities applies?

This section casts responsibility on every person responsible for paying to a resident any income by way of interest on securities.

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When does section 193 TDS on Interest on securities does not applies?

No tax deduction is to be made from any interest payable:

1. On 4.25 % National Defence Bonds 1972, where the bonds are held by an individual not being a non-resident;

2. On 4.25 % National Defence Loan, 1968 or 4.75% National Defence Loan, 1972, where the interest is payable to an individual;

3. On National Development Bonds;

4. On 7-year National Savings Certificates (IV Issue);

5. On debentures issued by any institution or authority or any public sector company or any co-operative society (including a co-operative land mortgage bank or a co- operative land development bank), as notified by the Central Government;

6. On 6.5% Gold Bonds, 1977 or 7% Gold Bonds, 1980, where the bonds are held by an individual (other than a non-resident), provided that the holders of the bonds make a written declaration that the total nominal value of the bonds held by him or on his behalf did not in either case exceed Rs. 10,000 at any time during the period to which the interest relates;

7. On any security of the Central Government or a State Government;

Note – It may be noted that tax has to be deducted at source in respect of interest payable on 8% Savings (Taxable) Bonds, 2003, or 7.75% Savings (Taxable) Bonds, 2018, only if such interest payable exceeds ` 10,000 during the financial year.

8. On any debentures (whether listed or not listed on a recognized stock exchange) issued by the company in which the public are substantially interested to a resident individual or HUF.  However,

a. The interest should be paid by the company by an account payee cheque;

b. The amount of such interest or the aggregate thereof paid or likely to be paid during the financial year by the company to such resident individual or HUF should not exceed Rs. 5,000.

9. On securities to LIC, GIC, subsidiaries of GIC or any other insurer, provided –

a. The securities are owned by them or

b. They have full beneficial interest in such securities.

10. On any security issued by a company, where such security is in dematerialised form and is listed on a recognised stock exchange in India in accordance with the Securities Contracts (Regulation) Act, 1956 and the rules made thereunder.

What are the manner and rate of deduction of TDS under section 193?

A. Manner of deduction of TDS:

Tax should be deducted at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier.

Where any income by way of interest on securities is credited to any account in the books of account of the person liable to pay such income, such crediting is deemed to be credit of such income to the account of the payee and tax has to be deducted at  source.  The account to which such interest is credited may be called “Interest Payable account” or “Suspense account” or by any other name.

B. Rate of TDS:

The rate at which tax is to be deducted is 10% both in the case of resident non-corporate assessee and domestic companies.

Understanding with examples:

On 1.10.2019, Mr. X, aged 40 years, made an investment in Bonds of Rs 10 lakh at 9% p.a. with ABC Ltd.

In the given case ABC ltd has to deduct tax at source @10% on the interest of Rs. 45,000 (9% × Rs. 10 lakh × 6month /12month) under section 193. The tax deductible at source under section 193 from such interest is, therefore, Rs. 4,500.

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