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Microlesson · 5-min read

Sections 194-IB & 194M — Non-HIJACR Payer Sections

# Sections 194-IB & 194M — Personal Payments by Individuals / HUFs

These sections target payers (typically Individuals & HUFs) who do NOT have a business large enough to be covered under 194C, 194-I, or 194J in the normal course.

## Acronym — 'HIJACR'

This is the shorthand for persons NOT required to deduct TDS u/s 194C/194-I/194J under the standard provisions:

  • Includes Individuals & HUFs not carrying on PGBP business, OR
  • Carrying on PGBP business but with turnover ≤ ₹1 Cr (business) / Gross Receipts ≤ ₹50 lacs (profession) in the preceding year (i.e., not subject to audit u/s 44AB).

## Section 194-IB — TDS on Rent by Non-HIJACR

  • Applies when the rent exceeds ₹50,000 per month (or part thereof), AND
  • Payer is a Non-HIJACR Assessee — i.e., an Individual/HUF NOT having significant PGBP income (those not covered under 194-I).
  • Rate: 5% (refer rate summary).

## Section 194M — TDS on Personal Payments

  • Applies when an Individual / HUF (who is non-HIJACR) pays an aggregate amount exceeding ₹50 lakhs during the year for:
  • Contract work (which would otherwise fall under 194C)
  • Commission (otherwise under 194H)
  • Professional services (otherwise under 194J — FPS)
  • Also applies where the assessee IS HIJACR (i.e., covered by 194C/J), but the payment is made for personal purposes AND the amount exceeds ₹50 lakhs.
  • The ₹50 lakhs limit is checked payee-wise.
  • Rate: 5% (refer rate summary).

## Key Distinction — 194C vs 194M

  • 194C applies to business payments by sufficiently large payers.
  • 194M captures personal/large payments by small payers, ensuring high-value transactions are reported.

## Section 194DA — Maturity of LIP

  • TDS u/s 194DA is applicable only if the maturity proceeds are NOT exempt u/s 10(10D).
  • For Sec 10(10D), one must check the premium-to-sum-assured cap (10% or 15% depending on whether the insured is a disabled person etc.) — the maturity is exempt only if premium does not exceed this cap.
  • Threshold for TDS: ₹1,00,000 or more.

Worked example

### Example 1

Q: Mr. R, a salaried individual (no business), pays monthly rent of ₹60,000 to landlord Mr. S for residence. Is TDS deductible?

Solution: Rent exceeds ₹50,000 p.m. and payer is non-HIJACR. Section 194-IB applies @ 5%. TDS to be deducted in the last month of tenancy / financial year.

### Example 2

Q: Mrs. P, a salaried individual, gets her house renovated; aggregate payment to contractor = ₹65,00,000 during FY. Is TDS deductible?

Solution: Aggregate exceeds ₹50 lakhs → Section 194M applies @ 5%. Even though Mrs. P has no business, this section captures the payment.

### Example 3

Q: Mr. T receives ₹1,80,000 on maturity of an LIP where annual premium was ₹35,000 and sum assured ₹3,00,000. Is TDS deductible u/s 194DA?

Solution: Premium/SA = 35,000/3,00,000 = 11.67% > 10%. Hence maturity is NOT exempt u/s 10(10D). Amount exceeds ₹1 lakh → TDS u/s 194DA applies at 5% on income component.

⚠️ Common exam mistakes

  • Applying Section 194-I instead of 194-IB to individual tenants paying rent > ₹50,000 per month (the cleaner provision for individuals/HUFs without business is 194-IB).
  • Treating the ₹50 lakhs limit u/s 194M as aggregate across all payees instead of payee-wise.
  • Deducting TDS u/s 194DA without first checking whether the maturity is exempt under Section 10(10D).
  • Forgetting that 194M also catches HIJACR individuals/HUFs for personal payments above ₹50 lakhs.
Reference: Sections 194-IB, 194M, 194DA — Income-tax Act, 1961
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