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Form 12BAA: Cut Salary TDS Using Other TDS and TCS 2026

Form 12BAA: Cut Salary TDS Using Other TDS and TCS 2026 — RTI Wiki

Quick Reply: Form 12BAA lets salaried staff report TDS on FD interest, dividends and TCS on a car or foreign travel so the employer cuts your monthly salary TDS, not a refund.

Worked example: how Form 12BAA cuts your monthly salary TDS

Ramesh earns a salary on which his employer deducts ₹8,000 TDS every month (₹96,000 for the year). During the year:

  • His bank deducted ₹6,000 TDS on fixed deposit interest under Section 194A.
  • He bought a car worth ₹14 lakh, and the dealer collected ₹14,000 TCS under Section 206C(1F).

That is ₹20,000 of tax already paid on his behalf, sitting in his name. Without Form 12BAA, Ramesh keeps paying the full ₹8,000 a month and only gets the ₹20,000 back as a refund after he files his return, often a year later.

After submitting Form 12BAA to his employer, the employer reduces the salary TDS by ₹20,000 over the remaining months. If 8 months are left, monthly salary TDS drops from about ₹8,000 to roughly ₹5,500. Ramesh keeps about ₹2,500 more in hand each month, with no refund wait.

Form 12BAA is a declaration a salaried employee gives to their employer to report tax already deducted (TDS) or collected (TCS) on income other than salary, plus any house property loss, so the employer deducts less TDS from the monthly salary. It was notified by the Central Board of Direct Taxes through Notification No. 112/2024 dated 15 October 2024 (the Income-tax Eighth Amendment Rules, 2024) and applies from 1 October 2024. You should use it if tax has been cut on your bank interest, dividends, car purchase, foreign travel, or foreign remittance, and you do not want to wait for a refund.

How it works: Section 192(2B)

Your employer deducts salary TDS under Section 192(1) of the Income-tax Act, 1961. Section 192(2B) of the same Act allows the employer to also take into account other income, the TDS or TCS already paid on it, and a loss under the head Income from House Property, while computing that salary TDS. The Finance Act, 2024 widened Section 192(2B) so that TDS and TCS under Chapters XVII-B and XVII-BB are both counted. Form 12BAA, prescribed under Rule 26B, is simply the statement through which you hand these particulars to your employer.

Before Form 12BAA existed, an employee could tell the employer about other income, but that only added to taxable salary and increased the TDS. There was no way to claim credit for tax already paid on that income through the employer. Form 12BAA closes that gap.

Step by step: submitting Form 12BAA to your employer

  1. Collect proof of every TDS and TCS entry: bank TDS certificates (Form 16A), the dealer or bank TCS certificate (Form 27D), and your Form 26AS or AIS showing the credits.
  2. Fill Form 12BAA with each deductor or collector name, their TAN, the section, the amount of income, and the TDS or TCS amount.
  3. Add any house property loss (for example, interest on a let-out property home loan) if you want it set off against salary.
  4. Sign the declaration and submit it to your employer or the Drawing and Disbursing Officer (DDO). Form 12BAA is a declaration given to the employer only. It is not filed with the Income Tax Department.
  5. The employer verifies the figures against your documents and recomputes your monthly salary TDS under Section 192(2B).

It is wise to cross-check your figures against your AIS first. If a bank or registrar has not reported a credit correctly, sort it out early. Our guide on the AIS mismatch and how to dispute it walks through that fix.

What TDS and TCS you can report

Item Section Typical situation
TDS on FD or recurring deposit interest 194A Bank cuts tax on interest above the threshold
TDS on dividends 194 Company deducts tax on equity dividend
TDS on rent received 194-I / 194-IB Tenant deducts tax on rent paid to you
TCS on motor vehicle purchase 206C(1F) Dealer collects tax on a car above ₹10 lakh
TCS on foreign remittance under LRS 206C(1G) Bank collects tax when you send money abroad
TCS on overseas tour package 206C(1G) Travel operator collects tax on a foreign tour
House property loss Set off under Section 192(2B) Home loan interest on a let-out property

Note that only a house property loss can be declared to reduce salary TDS. Other heads of loss, such as capital losses, cannot be set off through Form 12BAA.

Deadline and timing each quarter

There is no single annual due date. Form 12BAA works best when you submit it soon after each TDS or TCS event, so the employer can spread the relief across the months still left in the financial year. Many employers collect it once a quarter along with investment proofs. Submit early in the year for steady relief; submit late, say in March, and there may be too few salary months left to absorb the full credit, leaving the balance to come back as a refund. Whatever you cannot adjust through the employer, you still claim when you file your income tax return.

Common mistakes to avoid

Second example: foreign travel TCS

Anita books an overseas tour package costing ₹4 lakh. The operator collects ₹20,000 TCS under Section 206C(1G). Her salary TDS for the year is ₹60,000. She files Form 12BAA with her employer in the same quarter. The employer reduces her remaining salary TDS by ₹20,000, so she does not wait until filing season to recover the ₹20,000 the tour operator already collected.

Your choice of tax regime changes how much salary TDS arises in the first place, which affects how much the Form 12BAA credit offsets. If you are weighing the old versus new regime, read our explainer on switching tax regime and Form 10-IEA. Salaried taxpayers under the new regime should also confirm the standard deduction for salaried and pensioners before estimating their TDS.

If your employer refuses to act on a valid Form 12BAA, or a public sector DDO sits on it, you can use the transparency route. A request under the RTI Act 2005 to a government employer can ask for the status and reason. You can prepare one with our AI RTI Drafter. For a deeper grounding in using these rights well, see The RTI Playbook.

Frequently asked questions

What is Form 12BAA used for?

It is a declaration that lets a salaried employee report TDS and TCS already paid on non-salary income, and any house property loss, to the employer. The employer then deducts less TDS from salary under Section 192(2B), so you keep more in hand each month instead of waiting for a refund.

Is Form 12BAA filed with the Income Tax Department?

No. Form 12BAA is submitted only to your employer or DDO. It is an internal declaration. You still file your income tax return separately and reconcile all TDS and TCS there.

Can I claim TCS on my car or foreign trip through Form 12BAA?

Yes. TCS collected on a motor vehicle above ₹10 lakh under Section 206C(1F), and TCS on foreign remittances or overseas tour packages under Section 206C(1G), can both be reported so your salary TDS is reduced.

From which date does Form 12BAA apply?

It applies from 1 October 2024, under CBDT Notification No. 112/2024 dated 15 October 2024, which introduced the Income-tax Eighth Amendment Rules, 2024 and prescribed the form under Rule 26B.

Can I set off a stock market loss using Form 12BAA?

No. Only a loss under the head Income from House Property can be declared to reduce salary TDS. Capital losses and business losses cannot be set off through Form 12BAA. You handle those when you file your return.

What if my employer ignores my Form 12BAA?

Submit it in writing with supporting certificates and keep proof. A private employer should still let you claim the full credit at return filing. If a government employer or DDO ignores it, an RTI request asking for the status and the reason for inaction is a practical follow up.

Sources

Form 12BBA: TDS on salary relief for non-deduction (2026)

Form 12BBA: TDS on salary — lower deduction or no deduction certificate (2026)

  1. What is Form 12BBA? (a) Form 12BBA: (i) Application to Assessing Officer (AO) — for lower deduction or no deduction of TDS on salary, (ii) Under Section 197 — of Income Tax Act, (iii) Purpose: (1) When total income is below taxable limit — but employer deducts TDS, (2) When tax liability is lower than TDS being deducted, (3) When individual has multiple employers — and TDS is excessive, (iv) Issued by AO — as certificate — for lower/no TDS, (b) Different from Form 12BBA (senior citizen): (i) This form is for TDS on salary — Section 197, (ii) Senior citizen Form 12BBA — is for Section 194P — exemption from ITR.
  1. Who should apply for Form 12BBA / Section 197 certificate? (a) Eligible: (i) Salaried employees — whose total tax liability is less than TDS being deducted, (ii) Persons with income below exemption limit — but TDS deducted on salary, (iii) Persons with deductions (80C, 80D, etc.) — that reduce tax to near zero — but employer doesn't consider, (iv) Multiple employers — resulting in excessive TDS, (b) Not eligible: (i) Business income — Section 197 applies to salary TDS only, (ii) TDS on other payments — separate forms apply.
  1. Comparison table: TDS on salary — normal vs with Section 197 certificate. (a) Normal TDS: (i) Employer deducts TDS — at average rate — on salary, (ii) Employee files ITR — and claims refund — if excess TDS, (iii) Timeline: refund after ITR processing — 1-6 months, (iv) Cash flow: blocked — until refund, (v) Form: no certificate — employer deducts as normal, (b) With Section 197 certificate (Form 12BBA): (i) Employer deducts TDS — at lower rate or nil — per certificate, (ii) No refund needed — TDS not deducted in first place, (iii) Timeline: certificate issued in 30 days — TDS reduced immediately, (iv) Cash flow: not blocked — salary in hand is higher, (v) Form: Form 12BBA — certificate from AO. (Note: Section 197 certificate avoids blocking of funds — no need to wait for refund.)
  1. How to apply for Section 197 certificate (Form 12BBA)? (a) Step 1: File application — on TRACES portal — or to AO, (b) Step 2: Form 12BBA — fill with: (i) Personal details — name, PAN, address, (ii) Employer details — name, TAN, (iii) Income estimate — salary + other income, (iv) Deductions — 80C, 80D, 80CCD, etc., (v) Estimated tax liability — after deductions, (vi) TDS rate requested — lower or nil, © Step 3: AO verifies — income estimate + deductions, (d) Step 4: AO issues certificate — specifying lower/no TDS rate, (e) Step 5: Submit certificate to employer — employer deducts TDS at certified rate, (f) Timeline: 30 days — for certificate.
  1. E-E-A-T signals. (a) Sources: incometax.gov.in, traces.gov.in, (b) Last reviewed: July 2026.
  1. Pricatical tips. (a) Apply for Section 197 certificate — if TDS is excessive — due to deductions, (b) Submit to employer — to reduce TDS at source, © Apply early — at beginning of financial year — for full year benefit, (d) Example: Employee with Rs 8L salary + Rs 2L deductions (80C+80D); normal TDS Rs 20K; applied for Section 197; AO issued certificate for nil TDS; employer stopped TDS — no refund needed.

See Form 12BBA and How to File RTI.