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GuideGST and tax

TDS basics for small businesses under the Income-tax Act, 2025

Who must deduct TDS, the common rates and limits for contractors, professional fees and rent, and the deposit and statement dates under the 2025 Act.

By Code Colonies5 min read

Tax deducted at source, TDS, is income tax that you cut from a payment and pay to the government on behalf of the person you are paying. The payee gets credit for it against their own income tax. For a business, TDS is less about tax and more about procedure: deduct the right amount, pay it on time, file the statement and give the payee a certificate.

From 1 April 2026, the Income-tax Act, 2025 replaced the Income-tax Act, 1961. Most TDS on payments other than salary now sits in one section, section 393, with a table of payments, rates and limits. The old section numbers, such as 194C and 194J, are still widely used in conversation, and the new table carries most of the same rates. Payments paid or credited before 1 April 2026 stay under the old law.

01Who has to deduct

PayerDeducts TDS on the common business payments
Company, firm, LLP, cooperative society, trustYes
Individual or HUF whose business turnover was above ₹1 crore, or professional receipts above ₹50 lakh, in the previous yearYes
Other individuals and HUFsOnly under the separate entries for them, such as rent above ₹50,000 a month and large contract or professional payments above ₹50 lakh in a year

You need a TAN, the tax deduction account number, to deduct and pay TDS, except for the few payments reported through Form 141, such as buying property.

02Common payments, rates and limits

As of October 2026, the main entries a small or mid-sized business meets are:

PaymentRateWhen TDS applies
To a contractor or sub-contractor for work1% if the contractor is an individual or HUF, 2% for othersA single payment above ₹30,000, or payments above ₹1,00,000 in the year
Fees for professional services10%Payments above ₹50,000 in the year to one person
Fees for technical services2%Payments above ₹50,000 in the year to one person
Rent of land, building or furniture10%Above ₹50,000 for a month or part of a month
Rent of plant, machinery or equipment2%Above ₹50,000 for a month or part of a month
Fees, remuneration or commission to a director10%No threshold
Purchase of goods0.1%Above ₹50 lakh in the year from one seller, if your turnover was above ₹10 crore

The full table has many more entries. Read the entry for any payment you are unsure of, or ask your CA.

Once the limit is crossed

For professional fees, once payments to a person cross ₹50,000 in the year, TDS applies to the whole amount paid to that person in the year, including the first ₹50,000. Contractor payments work the same way once the yearly total crosses ₹1,00,000.

03A worked example

A Rajkot engineering company, a private limited company, makes these payments in October 2026:

PaymentAmountTDSRate
Painting of the factory shed by a contractor firm₹45,000₹9002%
Audit fees to a CA firm, total for the year so far ₹60,000₹60,000₹6,00010%
Godown rent₹55,000₹5,50010%
Total₹12,400

It pays the CA firm ₹54,000, the painting contractor ₹44,100 and the landlord ₹49,500, deposits ₹12,400 by 7 November 2026, and reports it in the quarterly statement for October to December.

04Deposit dates and statements

TaskWhen, as of October 2026
Deposit tax deductedBy the 7th of the next month. Tax deducted in March by 30 April.
Quarterly statement for non-salary TDS (Form 140, earlier Form 26Q)31 July, 31 October, 31 January and 31 May for the four quarters. Check the current dates on the e-filing portal.
Certificate to the payeeAfter the statement is filed, from the TRACES portal

The payee sees the tax in their Form 26AS and annual information statement only after you file the statement, so a late statement delays their credit.

05What happens when TDS goes wrong

Not deducted or deducted short
You can be treated as an assessee in default for the tax, with interest.
Deducted but paid late
Interest runs for each month or part of a month of delay.
Statement filed late
A fee is charged for each day of delay, and a penalty can apply in addition.
Expense disallowed
If TDS was due and not deducted or paid, part of that expense can be disallowed when your own income is computed, until you pay.

These consequences are why many businesses deduct TDS even when a payment is close to a limit.

06When the payee has no PAN

If the payee does not give a valid PAN, TDS is deducted at a higher rate, commonly 20%. Collect the PAN before the first payment, and check it on the e-filing portal.

07Lower deduction certificates

A payee whose final tax will be lower than the TDS can apply to the Income Tax Department for a certificate allowing lower or no deduction. If a supplier gives you one, deduct at the rate it states, for the period and amount it covers, and keep a copy.

08Keeping it simple

A small manufacturer usually meets only four or five TDS entries: contractors, professional fees, rent, perhaps commission and purchase of goods. Listing the regular payees for each, with PAN and the year's running total, keeps the deductions right without fresh checking each month.

09Before the first payment of the year

Check each regular payee's PAN, note which entry applies, and set the year's running totals to zero on 1 April. A ten-minute check here prevents most TDS errors.

This guide is general information as of October 2026 and does not amount to tax advice.

Sources

Questions

Questions people ask

Does every business have to deduct TDS?

Companies, firms and LLPs deduct TDS on the covered payments. An individual or HUF has to deduct under the main contractor, professional fee and rent entries only if its business turnover crossed ₹1 crore, or professional receipts ₹50 lakh, in the previous year. Some separate entries cover other individuals and HUFs.

When must TDS be paid to the government?

By the 7th of the month after the month of deduction, and by 30 April for tax deducted in March, as of October 2026.

What happens if the payee has no PAN?

TDS is deducted at a higher rate, commonly 20%. Collect and check the PAN before the first payment.

Which law applies to a payment made in April 2026?

The Income-tax Act, 2025, which applies to amounts paid or credited on or after 1 April 2026. Amounts paid or credited earlier stay under the Income-tax Act, 1961.

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