Section 194R - TDS on Benefit or Perquisite from Business/Profession
# Section 194R - TDS on Benefit or Perquisite arising from Business/Profession
## Who Deducts
Any person, except:
Individual / HUF whose total sales, gross receipts or turnover ≤ ₹ 1 crore (business) or ≤ ₹ 50 lakhs (profession) in the immediately preceding F.Y.
For companies, 'person responsible for paying' includes the company itself and Principal Officer.
## Payee
Any resident.
## On What
Any benefit or perquisite, whether convertible into money or not, arising from business or exercise of profession.
## Threshold
Value or aggregate value of benefits/perquisites > ₹ 20,000 in a F.Y.
## Rate of TDS
10% of value (or aggregate value).
## When to Deduct
Before providing such benefit or perquisite.
## Key Points
Includes benefits/perquisites whether in cash, in kind, or partly in cash and partly in kind.
Where benefit is wholly in kind (or partly in cash insufficient to cover TDS), the provider must ensure tax is paid before providing the benefit (e.g., recipient remits tax).
Common examples: gifts, foreign trips, free samples to doctors, dealer incentives.
Worked example
### Example 1
Example 1: A pharma company gifts a doctor a foreign trip worth ₹ 1,50,000 as a sales promotion benefit.
Solution: Value > ₹ 20,000 → TDS @ 10% = ₹ 15,000 (the company ensures this is paid before providing the benefit).
### Example 2
Example 2: Auto manufacturer provides a car worth ₹ 8,00,000 as a perk to its top dealer.
Solution: TDS @ 10% × ₹ 8,00,000 = ₹ 80,000 before providing the benefit.
⚠️ Common exam mistakes
Not deducting TDS where benefit is in kind — section applies regardless of form
Applying 1% or 2% — rate is 10%
Deducting AFTER providing the benefit — TDS must be ensured BEFORE providing benefit/perquisite
Forgetting the carve-out for small individual/HUF payers
Bare-Act text Section 194R · Income-tax Act, 1961 · click to expand
Any person responsible for providing to a resident, any benefit or perquisite, whether convertible into money or not, arising from business or the exercise of a profession, by such resident, shall, before providing such benefit or perquisite, as the case may be, to such resident, ensure that tax has been deducted in respect of such benefit or perquisite at the rate of ten per cent of the value or aggregate of value of such benefit or perquisite. Provided that no tax shall be required to be deducted where the value or aggregate of value of such benefit or perquisite does not exceed twenty thousand rupees during the financial year.