Introduction
When it comes to mitigating a
financial crisis caused by medical emergencies, insurance can go a long way. As
a result, it is best to obtain insurance not only for yourself but also for
your dependents.
Most people prefer to obtain
insurance through agents, brokers, and other intermediaries. In these
circumstances, the insurance commission or other remuneration received by such
agents and brokers will be subject to TDS under section 194D of the Income Tax
Act.
The definition of 194D TDS
Section
194D deals with TDS on insurance premiums or any of the payments listed below:
●
Any remuneration or reward in the form of a commission
or bonus
● TDS
Deduction Eligibility Under Section 194D of the Insurance Commission
TDS must be deducted by anyone who makes a payment to an Indian resident for the following income:
An
income derived from remuneration, reward, or commission
● For
the solicitation or acquisition of insurance business for the continuation,
renewal, or revival of an insurance policy
● Section
194D of the Income Tax Act of 1961 applies only to an individual, HUF, company,
or other taxpayer who is a resident of India. Section 195 applies to TDS on
insurance commissions paid to non-residents in India.
When Does TDS Under Section 194D Get Deducted?
Section
194D of the Income Tax Act of 1961 determines the tax deduction on insurance
commission based on which of the following occurs first:
●
When money is credited to the payee’s account, TDS is
deducted.
●
When a payment is made in cash, by check, draft, or in
kind.
What are the TDS Deduction Time Limits for Section 194D?
Someone
who is required to deduct TDS must do so:
● When
such income is credited to the agent’s or payee’s account.
● At
the time of payment to the agent, whether by cheque, DD, or other means.
● Whatever
comes first.
Section 194D prohibits the deduction of TDS :
TDS
cannot be deducted by a deductor or an insurance company under section 194D in
the following circumstances:
●
In a fiscal year, the total amount paid to the payee or
agent is less than Rs 15,000
●
The payee or agent has submitted Form 15G/ Form 15H as
a self-declaration for no TDS deduction.
●
TDS deduction is reduced or eliminated.
Points
to be noted
●
Form 13 can be used by the agent to submit an
application to the assessing office. This application will be treated as a
certificate authorising the payer to deduct TDS at a lower rate or not deduct
TDS at all. Section 206AA(4) requires the assessee to provide his or her PAN
number in order to receive a certificate under Section 197 for non-deduction or
a reduced rate of deduction. If the declaration is invalid, the deductor must
deduct TDS at a rate of 20%.
●
Any form of remuneration or reward, whether commission
or otherwise. For the purpose of acquiring insurance.
● This
deduction must be made when the money is credited to the payee’s account or
when payments are made in the form of a cheque, cash, draught, or any other
mode. The tax is deductible only if the amount paid or payable, or the total
amount (money) of such income paid or payable during the fiscal year, exceeds
Rs. 15,000.