Income Tax Act, 1961 — Section 194-IB & Finance (No. 2) Act 2024

Section 194-IB TDS on Rent Calculator

Calculate tenant TDS on residential or commercial house rent exceeding ₹50,000/month under Section 194-IB. Updated for the Union Budget 2024 rate slash to 2%, Form 26QC challan deadlines, Section 194-IB(4) last-month rent caps, and late filing penalties under Sections 234E & 201(1A).

Verified by Direct Tax & Tenancy Compliance Research Desk
Last Updated: October 2026 (Reflecting Finance (No. 2) Act 2024 w.e.f. October 1, 2024 & Form 26QC Provisions)

Direct Answer: What is TDS on Rent under Section 194-IB?

Under Section 194-IB of the Income Tax Act, individual and HUF tenants paying monthly rent exceeding ₹50,000 must deduct 2% TDS (slashed from 5% w.e.f. October 1, 2024 under Budget 2024) once annually in March or the final tenancy month. Tax is deposited using Form 26QC without requiring a TAN.

Quick Scenario Presets (Common Indian Tenancies)

Tenancy & Rent Parameters

Sec 194-IB (Individual / HUF)
₹
₹10,000₹5,00,000

Statutory threshold is ₹50,000 per month. If rent ≤ ₹50,000, zero TDS applies.

TDS Applicable: Rent exceeds ₹50,000/month threshold. Tenant is legally obligated to deduct TDS under Section 194-IB.
months
1 months12 months

Number of months occupied in the financial year (April to March). Default is 12 months.

Each co-tenant files an independent Form 26QC for their share.

Separate Form 26QC submitted for each co-owner.

Simulate Late Filing Penalties (Sec 234E & 201)Calculate ₹200/day late fee and 1.5%/month interest on delay
Section 194-IB AssessmentRate: 2%
Total TDS to Deduct & Deposit (Form 26QC)
₹15,600
Total Annual Rent:₹7,80,000
Net Paid to Landlord:₹7,64,400

Payment & Tax Distribution

Annual Rent₹7,80,000
Net Rent to Landlord
₹7,64,400(98.0%)
TDS to Income Tax Dept (Form 26QC)
₹15,600(2.0%)

Statutory Compliance Deadlines

Form 26QC Deposit Due Date:2025-04-30

Challan-cum-statement must be submitted within 30 days from the end of the month in which rent is deducted (typically March 31 or tenancy termination).

Form 16C Certificate Due Date:2025-05-15

TDS Certificate (Form 16C) downloaded from TRACES portal must be issued to the landlord within 15 days of Form 26QC due date.

No TAN Required: Individual and HUF tenants do NOT require a Tax Deduction Account Number (TAN). Section 194-IB compliance is executed using your PAN.

Statutory Breakdown & Verification Matrix

Statutory ItemStatutory Reference / RuleValue / Amount
Monthly Rent PayableAgreement monthly lease amount₹65,000
Statutory Exemption ThresholdSection 194-IB statutory cutoff₹50,000 / month
Threshold Exceeded?TDS obligation triggerYes (TDS Required)
Tenancy Duration in FYOccupancy months within FY (April to March)12 months
Gross Annual RentMonthly Rent × Months₹7,80,000
Statutory TDS RateFinance (No. 2) Act 2024 revised rate w.e.f. Oct 1, 20242%
Gross TDS CalculatedGross Rent × Rate₹15,600
Section 194-IB(4) Statutory CapPenal TDS capped at rent payable for the last monthNot Applicable
Net TDS Payable (Form 26QC)To be deposited via Challan 26QC₹15,600
Net Rent Disbursed to LandlordAnnual Rent minus Net TDS₹7,64,400
Quick Actions:

How Section 194-IB TDS on Rent Works (Official Rules & Guidelines)

Enacted under the Finance Act, 2017 to track high-value rental cash flows in the unorganized real estate sector, Section 194-IB shifts tax deduction compliance directly onto individual and Hindu Undivided Family (HUF) tenants.

1. Monthly ₹50,000 Cutoff

TDS applies only if rent payable for any month or part of a month exceeds ₹50,000. If monthly rent is ₹50,000 or below (even ₹50,000 exact), zero TDS applies and no Form 26QC is required.

2. Budget 2024 Slashed 2% Rate

The Finance (No. 2) Act, 2024 slashed the statutory TDS rate under Section 194-IB from 5% to 2%, effective October 1, 2024, easing working capital liquidity for landlords and tenants.

3. Zero TAN Requirement

Tenants do NOT need to apply for a Tax Deduction Account Number (TAN). Compliance is executed using the tenant's PAN and landlord's PAN via the government’s Form 26QC portal.

Budget 2024 Amendment: Rate Reduction from 5% to 2%

Understanding the critical timing and statutory impact of the Finance (No. 2) Act, 2024 amendment on your rental agreement.

Prior to October 1, 2024
5.0% Standard Rate

For FY 2023-24 and the first half of FY 2024-25, tenants deducted 5% on total annual rent. For example, on ₹70,000/month (₹8.4 Lakhs/yr), TDS was ₹42,000.

Effective October 1, 2024 OnwardBudget 2024 Law
2.0% Revised Rate

For rent credited or paid on or after October 1, 2024, the rate is reduced to 2%. On ₹70,000/month (₹8.4 Lakhs/yr), TDS is slashed to ₹16,800—saving ₹25,200 in upfront cash deduction.

When to Deduct: By law, Section 194-IB TDS is deducted only once in the financial year—either in the month of March (financial year-end) or in the month in which the property is vacated. Since annual deduction occurs in March, the revised 2% rate applies to FY 2024-25 and FY 2025-26 payments credited after October 1, 2024.

The Section 194-IB(4) Proviso Cap: Protecting Tenants from Missing Landlord PANs

What happens if your landlord refuses to provide their PAN, or if their PAN is inoperative because it is not linked to Aadhaar?

Under Section 206AA, when a deductee fails to furnish a valid PAN, the deductor must deduct tax at the penal rate of 20%. However, on an annual rent of ₹12 Lakhs (₹1,00,000/month), a 20% penal deduction equals ₹2,40,000. If the tenant deducts tax only in March from the final month's rent (₹1,00,000), a ₹2,40,000 deduction would mean the tenant must pay ₹1,40,000 out of their own pocket!

The Statutory Proviso Safeguard (Section 194-IB(4))
“Provided that where the tax is required to be deducted at higher rate under section 206AA, such deduction shall not exceed the amount of rent payable for the last month of the previous year or the last month of the tenancy, as the case may be.”

Result: Even if the computed 20% penal tax is ₹2,40,000, Section 194-IB(4) strictly caps the tenant's liability at ₹1,00,000 (the last month's rent). The tenant pays the entire last month's rent to the Income Tax Department via Form 26QC, pays ₹0 to the landlord for that month, and incurs zero out-of-pocket loss.

Statutory Deadlines, Form 26QC & Section 234E Late Filing Penalties

Timely compliance is strictly enforced by automated Income Tax CPC systems. Delayed filing triggers compounding daily fees and monthly interest.

Key Compliance Timeline
  • 1. March 31:Deduct TDS from the rent of the last month of the financial year (or tenancy termination date).
  • 2. April 30:Form 26QC deposit due date (within 30 days from the end of the month in which deduction was made).
  • 3. May 15:Download Form 16C certificate from TRACES and furnish to landlord within 15 days of Form 26QC due date.
Late Penalties & Interest Slabs
  • Section 234E:₹200 per day late fee for every day of delay past the 30-day deadline, capped at the total TDS amount.
  • Section 201(1A):1.5% per month (or fraction of a month) simple interest on the delayed tax amount from deduction date to deposit date.
  • Section 271H:Penalty of ₹10,000 to ₹1,00,000 may be levied by the Assessing Officer for default exceeding one year.

Realistic Worked Examples: Statutory Tenancy Scenarios

Step-by-step mathematical walkthroughs illustrating the revised 2% rate, partial tenancies, and missing PAN safeguards.

Scenario 1: Bengaluru 3BHK Apartment at ₹65,000/month (Budget 2024 Revised Rate)

Post-Oct 2024 (2%)

An IT professional leases a flat in Indiranagar, Bengaluru for ₹65,000 per month for the full 12 months of FY 2024-25. The landlord provides a valid PAN.

Total Annual Rent:₹7,80,000
TDS Rate (Budget 2024):2.0%
Total TDS to Deduct:₹15,600
March Rent to Landlord:₹49,400

Mechanism: The tenant pays ₹65,000 for April to February. In March, the tenant deducts the full annual TDS of ₹15,600, pays the landlord ₹49,400 (₹65,000 – ₹15,600), and deposits ₹15,600 via Form 26QC by April 30.

Scenario 2: Landlord Without PAN at ₹75,000/month (Section 194-IB(4) Cap)

Sec 194-IB(4) Cap Active

A tenant rents a penthouse in Mumbai for ₹75,000 per month for 12 months. The landlord refuses to furnish a PAN or the PAN is inoperative under Rule 114AAA.

Total Annual Rent:₹9,00,000
Section 206AA Penal Rate:20% (₹1,80,000)
Last Month Rent Cap:₹75,000
Net TDS Deducted:₹75,000

Mechanism: Although 20% equals ₹1,80,000, Section 194-IB(4) caps the deduction at ₹75,000 (one month's rent). The tenant deposits ₹75,000 via Form 26QC, pays ₹0 to the landlord for March, and is completely protected from paying out-of-pocket.

Scenario 3: Vacated Mid-Year after 5 Months at ₹80,000/month

Partial Tenancy

A tenant vacates a Gurgaon apartment on August 31 after 5 months of occupancy at ₹80,000 per month.

Total 5-Month Rent:₹4,00,000
TDS Rate (2%):2.0%
TDS Deducted in August:₹8,000
Form 26QC Due Date:September 30

Mechanism: Because the tenancy terminated in August, TDS of ₹8,000 is deducted from August rent. The due date for Form 26QC is 30 days from August 31 (September 30).

Monthly Rent Slabs & TDS Comparison Matrix (FY 2024-25 & FY 2025-26)

Comparison of annual rent, Budget 2024 revised 2% TDS liability, old 5% rate, and Section 194-IB(4) capped missing PAN liability.

Monthly RentAnnual Rent (12 Mo)Budget 2024 TDS (2%)Historical TDS (5%)Missing PAN Capped TDSForm 26QC Due Date
₹45,000 / mo₹5,40,000₹0 (Exempt ≤ ₹50k)₹0₹0Not Applicable
₹50,000 / mo₹6,00,000₹0 (Threshold Boundary)₹0₹0Not Applicable
₹55,000 / mo₹6,60,000₹13,200₹33,000₹55,000 (Capped)April 30
₹65,000 / mo₹7,80,000₹15,600₹39,000₹65,000 (Capped)April 30
₹80,000 / mo₹9,60,000₹19,200₹48,000₹80,000 (Capped)April 30
₹1,00,000 / mo₹12,00,000₹24,000₹60,000₹1,00,000 (Capped)April 30
₹1,50,000 / mo₹18,00,000₹36,000₹90,000₹1,50,000 (Capped)April 30

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Frequently Asked Questions (Section 194-IB TDS on Rent)

Authoritative answers to statutory thresholds, Budget 2024 revisions, Form 26QC filing, and penalties.

What is the threshold limit for TDS on rent under Section 194-IB?▾
Under Section 194-IB of the Income Tax Act, 1961, an individual or Hindu Undivided Family (HUF) tenant paying rent for a residential or commercial property exceeding ₹50,000 per month (or part of a month) must deduct TDS. If the monthly rent is exactly ₹50,000 or lower, zero TDS is deductible, and no Form 26QC filing is required.
What is the revised TDS rate under Section 194-IB after Budget 2024?▾
Under the Finance (No. 2) Act, 2024, the statutory TDS rate under Section 194-IB was reduced from 5% to 2%, effective October 1, 2024. For rent payments credited or paid on or after October 1, 2024, eligible tenants deduct TDS at 2% on the gross annual rent. For agreements or periods prior to October 1, 2024, the historical 5% rate applies.
Does an individual tenant require a TAN to deduct and pay TDS under Section 194-IB?▾
No. Section 194-IB specifically exempts individual and HUF tenants from the requirement of obtaining a Tax Deduction and Collection Account Number (TAN) under Section 203A. Tenants file Challan-cum-Statement Form 26QC using their own PAN and the landlord’s PAN directly on the Protean (TIN-NSDL) / Income Tax e-filing portal.
What happens if the landlord does not have a PAN or provides an inoperative PAN?▾
Under Section 206AA, if the landlord fails to furnish a valid PAN or if their PAN is inoperative (not linked with Aadhaar), the tenant must deduct TDS at the higher penal rate of 20%. However, Section 194-IB(4) provides a critical statutory cap: the total penal deduction under Section 206AA cannot exceed the rent payable for the last month of the financial year or tenancy. This safeguards the tenant from having to pay tax out of their own pocket.
When must TDS under Section 194-IB be deducted and deposited via Form 26QC?▾
TDS must be deducted once per financial year: either in the last month of the financial year (March) or in the last month of the tenancy if the property is vacated earlier. Once deducted, the tax must be deposited using Challan-cum-Statement Form 26QC within 30 days from the end of the month of deduction (e.g., by April 30 for March deductions). Furthermore, the tenant must download Form 16C from the TRACES portal and issue it to the landlord within 15 days of the Form 26QC due date (by May 15).
How is TDS calculated if multiple co-tenants share an apartment with rent exceeding ₹50,000?▾
If multiple individuals jointly lease a property with aggregate monthly rent exceeding ₹50,000, each co-tenant is liable to deduct TDS on their proportional share. Each co-tenant must file a separate Form 26QC using their respective PAN for their share of the rent and TDS. Similarly, if the property is co-owned by multiple landlords, separate Form 26QCs must be filed for each landlord corresponding to their ownership ratio.