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Microlesson · 5-min read

Section 194J — TDS on Professional / Technical Fees

# Section 194J — TDS on Professional & Technical Fees

## Rate Structure (Recap)

Nature of PaymentRate
Professional services (general)10%
Fees for Technical Services (FTS), non-professional, call centres, royalty on cinematographic films2%

## Threshold

₹30,000 per type of payment per year — and the limit is checked separately for each category (FPS, FTS, Royalty, Non-Compete fees).

## Specific Scenarios

### 1. Event Management Services

  • Event managers for SPORTS activities — notified by CBDT as 'professional service' → TDS u/s 194J applies.
  • Event managers for OTHER events — TDS u/s 194C applies (not 194J).

### 2. Horse Race Bookmaking

  • A bookmaker paying winnings to a punter from a horse race → TDS u/s 194BB is deducted on the gross winnings, without setting off losses, before TDS.

### 3. Third Party Administrators (TPA) — Health Insurance

  • Payments by TPAs to hospitals for cashless treatment → TDS deductible u/s 194J.

### 4. Exemption for Individuals & HUFs

Individuals & HUFs NOT carrying on a business / profession (or whose turnover / gross receipts in preceding PY did not exceed the limit) are NOT required to deduct TDS u/s 194J on:

  • Royalty
  • Non-compete fees

### 5. Threshold Checked Separately for Each Category

Example: FTS paid = ₹45,000 and FPS paid = ₹48,000.

  • Each is under the ₹50,000 limit (assuming relevant threshold) when checked separately.
  • TDS u/s 194J is NOT applicable — limit is checked category-wise, not in aggregate.

### 6. Software Acquired from Resident — TDS NOT Required if ALL Conditions Met

TDS u/s 194J is not attracted on acquisition of software from a resident transferor if all of the following are satisfied:

1. Software is acquired in a subsequent transfer without any modification

2. TDS has been deducted on the previous transfer (by an earlier purchaser)

3. The transferee obtains a declaration from the transferor that tax has also been deducted, along with PAN of the transferor

Worked example

### Example 1

Q: XYZ pays ₹2,00,000 to a CA firm for audit services. Compute TDS u/s 194J.

Solution: Professional service → 10% rate. Since amount > ₹30,000, TDS = 10% × ₹2,00,000 = ₹20,000.

### Example 2

Q: ABC Ltd pays FPS of ₹45,000 and FTS of ₹48,000 to the same payee. Is TDS u/s 194J deductible?

Solution: Each payment is checked separately. Both are below the relevant threshold. No TDS is required on either (per the stated principle that limit is checked category-wise).

### Example 3

Q: An HUF (not carrying business beyond audit limits) pays royalty of ₹1,00,000 to an author. Is TDS u/s 194J required?

Solution: No. Individuals/HUFs not carrying on business or profession are exempt from deducting TDS u/s 194J on royalty and non-compete fees.

### Example 4

Q: A company hires an event manager to organize a cricket tournament. The fee is ₹5,00,000. Which TDS section applies?

Solution: Event management for sports activities is a notified professional service → TDS u/s 194J @ 10% = ₹50,000.

⚠️ Common exam mistakes

  • Applying 194C to event management for sports activities — sports event managers fall under 194J as notified professional service.
  • Applying TDS u/s 194J to a payment to an event manager for a non-sports event (it falls under 194C).
  • Aggregating different categories of 194J payments to test the threshold — each category (FPS, FTS, royalty, non-compete) has its own ₹30,000 limit.
  • Deducting TDS u/s 194J on subsequent transfers of unmodified software even where the conditions for exemption are met.
Reference: Section 194J — Income-tax Act, 1961
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