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TDS on professional fees: rates, threshold and who deducts it

Businesses paying a lawyer, CA, consultant, designer or software developer usually have to withhold tax before paying. The rules sat in section 194J; from 1 April 2026 they are in the table under section 393 of the Income-tax Act, 2025, with the same rates.

Reviewed by Vijay Dhawan, Managing Partner, LexVerge LLP · Published

Quick answer

TDS on professional fees (old section 194J, now in section 393) is 10% on professional services and 2% on technical services, film royalty and call-centre payments, once payments to a payee exceed ₹50,000 in a year. Director fees have no threshold. The rate is 20% without a valid PAN.

  • Threshold ₹50,000 a year from 1 April 2025
  • Deducted on the fee excluding separately shown GST
  • Deposit by the 7th; report in Form 140 (formerly 26Q)

Official source: Income Tax Department: FAQs on forms under the Income-tax Rules, 2026

Rates and threshold

PaymentTDS rateThreshold per payee per year
Fees for professional services (legal, medical, engineering, architecture, accountancy, technical consultancy, interior decoration, advertising, film artists, company secretaries, IT professionals, sports persons and others notified)10%₹50,000
Fees for technical services (not professional services)2%₹50,000
Royalty for sale, distribution or exhibition of films2%₹50,000
Payee engaged only in running a call centre2%₹50,000
Other royalty10%₹50,000
Non-compete fees and similar10%₹50,000
Remuneration, fees or commission to a director (not salary)10%No threshold

The threshold rose from ₹30,000 to ₹50,000 on 1 April 2025, and applies separately to each category. If the payee has no valid PAN, or the PAN is inoperative, the rate is 20%.

Who must deduct

  • Every company, LLP, firm, trust, society and government body.
  • Individuals and HUFs whose business or professional turnover crossed the tax audit limits in the previous year (₹1 crore for business, ₹50 lakh for a profession).
  • An individual or HUF not under audit does not deduct under this provision. But if they pay contractors or professionals more than ₹50 lakh in a year, a separate 2% deduction applies, paid through a PAN-based challan with no TAN (formerly section 194M).

Deductors need a TAN; see our TAN registration guide.

Professional or technical service?

The 10 versus 2 percent split causes most disputes. A professional service involves a notified profession and personal skill, such as legal advice, an audit, an architect’s design. A technical service is managerial, technical or consultancy work that is not a notified profession, such as maintenance of equipment by an engineer, cloud hosting support, or testing. When the contract mixes both, the safer course is to deduct 10%, since under-deduction brings interest and disallowance while over-deduction only delays the payee’s refund.

Payments for software licences are usually royalty. Payments to an agency supplying manpower are usually contract work, where 1 or 2 percent applies instead under the old section 194C.

GST, reimbursements and timing

  • GST: where GST is shown separately on the invoice, TDS is deducted on the amount excluding GST.
  • Reimbursements: out-of-pocket expenses billed separately with supporting bills are generally excluded; a lump-sum fee including expenses is not.
  • Timing: tax is deducted when the amount is credited to the payee’s account (including a provision at year-end) or paid, whichever is earlier.
  • Deposit: by the 7th of the next month (30 April for March).
  • Return: quarterly in Form 140 (formerly 26Q); the certificate to the payee is now Form 131 (formerly 16A). Due dates are in our TDS due dates guide.

If you get it wrong

DefaultConsequence
Not deductingInterest at 1% a month; 30% of the expense disallowed when computing the payer’s business income until the TDS is paid
Deducting but depositing lateInterest at 1.5% a month from the date of deduction
Late TDS return₹200 a day, up to the TDS amount
Wrong PAN or short deductionDemand raised on processing of the TDS return, plus interest

Payees receiving professional fees should check that the TDS appears in their Form 26AS and AIS before filing; see our Form 26AS guide.

Worked example

A private limited company engages a CA firm for ₹40,000 in June and ₹35,000 in December, both plus 18% GST shown separately. The first bill is below ₹50,000, but the company expects the year’s total to cross it, and once it does, TDS applies to the entire amount paid in the year.

  • June: no TDS deducted if the company is not sure the threshold will be crossed.
  • December: total for the year ₹75,000, above ₹50,000. TDS at 10% on ₹75,000 = ₹7,500 is deducted from the December payment, excluding the GST.
  • Deposit by 7 January; report in the Q3 26Q; issue Form 131 to the CA firm.

The safer practice for a known recurring professional is to deduct from the first bill, which avoids a large catch-up deduction later.

Frequently asked questions

What is the TDS rate on professional fees?

10% for professional services, and 2% for technical services, film royalty and call centre payments. The rate is 20% if the payee has no valid PAN.

What is the threshold for TDS on professional fees?

₹50,000 per payee per year for each category, from 1 April 2025. Director fees have no threshold.

Is TDS deducted on GST on professional fees?

No, if GST is shown separately on the invoice. TDS is deducted on the fee excluding GST.

Do individuals need to deduct TDS on professional fees?

Only if their business or professional turnover crossed the audit limit in the previous year. Individuals paying for personal purposes do not deduct.

What is section 194J called in the new Act?

From 1 April 2026 the provision sits in the table under section 393 of the Income-tax Act, 2025, with the same rates and threshold.

Reviewed by Vijay DhawanManaging Partner, LexVerge LLP · checked against current MCA, GST and Income-tax rules

Paying consultants and professionals every month?

FilingBase handles monthly TDS deposits, 26Q returns and Form 131 certificates from ₹799 a quarter.

See TDS return filing

Official references

The statutory sources behind this page. We keep our guidance aligned to them — verify anything time-sensitive directly.

Content on this page is reviewed by a chartered accountant or advocate at LexVerge LLP. It is general guidance, not advice on your specific facts.

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