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TDS Rate Chart Section 194H — TDS on Commission and Brokerage

Section 194H — TDS on Commission and Brokerage

Income Tax Act 1961 — s.194H · ITA 2025 — s.393 + 402

2% on commission or brokerage (other than insurance commission) above ₹20,000 per year. Rate cut from 5% to 2% on 1 Oct 2024; threshold raised to ₹20,000 on 1 Apr 2025.

Rate and threshold

ConditionRate
All qualifying commission/brokerage2%
Threshold
₹20,000 aggregate in the FY
Timing of deduction
At credit or payment, whichever is earlier. Deposit by the 7th of the following month (30 Apr for March).
Who deducts
Any person other than individual/HUF; individuals/HUF if turnover exceeded ₹1 crore (₹50 lakh profession) in the preceding FY
Payee
Resident

Rate history

PeriodValueAmended by
Until 30 Sep 20245%
From 1 Oct 20242%Finance (No. 2) Act 2024

Threshold history

PeriodValueAmended by
Until 31 Mar 2025₹15,000
From 1 Apr 2025₹20,000Finance Act 2025

What this section covers

Commission or brokerage for services rendered (not being professional services), including sales agency — excludes insurance commission (s.194D) and securities transactions

Worked example

Distributor commission ₹5,000/month for 12 months

Annual ₹60,000 > ₹20,000 → TDS 2% = ₹1,200 for the year, deducted as each credit is made once the threshold is crossed.

Trade discount to a principal-to-principal distributor is NOT commission — the principal-agent test decides (Bharti Airtel, SC 2024).

Under the Income Tax Act 2025

From 1 April 2026, s.194H of the 1961 Act maps to s.393 + 402 of the Income Tax Act 2025 (split mapping, per the official CBDT concordance). Consolidated into the s.393 TDS table under the ITA 2025.

Full 1961 → 2025 mapping for s.194H

Frequently asked questions

Is a trade discount to a distributor commission?

Only if the relationship is principal-agent. In Bharti Cellular/Airtel (SC, Feb 2024) discounts to prepaid SIM distributors on principal-to-principal terms were held outside s.194H.

Is TDS deducted on the GST component?

No — per CBDT Circular 23/2017, TDS applies on the amount excluding GST if GST is shown separately in the invoice.

What if the agent retains commission and remits the net amount?

TDS still applies — retention is constructive payment of commission and the principal must gross it up and deduct.

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