Home |Tax returns filing | My son is an NRI and his tenant has to deduct TDS (Tax Deducted at Source) every month and deposit in the bank. After every quarter, he has to submit Form 27A and 27Q online and then generate Form 16A. Is it possible that I deposit TDS amount as advance tax every month in the bank?

My son is an NRI and his tenant has to deduct TDS (Tax Deducted at Source) every month and deposit in the bank. After every quarter, he has to submit Form 27A and 27Q online and then generate Form 16A. Is it possible that I deposit TDS amount as advance tax every month in the bank?

Subin VR, Chartered Accountant,FCA, DISA (ICAI)

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Answered on May 10,2021

As per Income Tax Act, TDS has to be deducted under sec 195 of the Act in these type of transactions. Advance tax by the Assessee is not a solution for TDS

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Deeksha
Answered on February 07,2020

The Income-tax Act of India mandates that those who are paying rent to NRIs must deduct TDS(Tax Deducted at Source) at 31.2%. The responsibility of deducting TDS rests on the tenant, who is likely to face penal consequences for not doing so. In case your son does not have taxable income in India or tax rate applicable on his total income in India is lower than 31.2%, he can apply for a certificate for lower TDS deduction by filling up Form 13. The income tax officer will issue a certificate for nil or lower TDS deduction. This certificate is issued for each financial year. Unfortunately, due to the provisions made in the law, you cannot deposit advance tax on his behalf to avoid TDS.

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