Quick answer: If you are an ordinary individual or HUF (not running a tax-audited business) and you pay more than Rs 50 lakh in one financial year to a single contractor, commission agent or professional, Section 194M requires you to deduct TDS. The rate is 2 percent from 1 October 2024 (it was 5 percent earlier). You deposit it using Form 26QD within 30 days and give the payee a Form 16D certificate. No TAN is needed; your PAN is enough.
Most people think TDS is only a company or shopkeeper headache. Section 194M of the Income-tax Act, 1961 changed that in 2019. A salaried person renovating a flat, or a family paying a big lawyer or designer fee, can now be a tax deductor too. This guide walks you through whether the rule catches you, and exactly what to do if it does.
Run these three checks in order. You deduct TDS under Section 194M only if all three are YES.
If all three are YES, you are a deductor under Section 194M. If any one is NO, the section does not bite.
Section 194M is a TDS provision inserted by the Finance (No. 2) Act, 2019, effective 1 September 2019. It pulls high-value personal payments into the tax net by making non-audited individuals and HUF deduct tax when their yearly payment to one contractor, agent or professional crosses Rs 50 lakh.
Meera, a salaried professional in Pune, renovates her flat in FY 2025-26. She pays interior contractor Rajesh a total of Rs 60,00,000 across the year in instalments. Meera has no business and was never under tax audit, so she is squarely inside Section 194M.
On the instalment that takes Rajesh past Rs 50 lakh, she must deduct on the full Rs 60 lakh paid. TDS at 2 percent is Rs 1,20,000. She pays Rajesh Rs 58,80,000, deposits Rs 1,20,000 through Form 26QD within 30 days of that month-end, and hands Rajesh a Form 16D. Rajesh claims the Rs 1,20,000 as credit when he files his income tax return. Had Rajesh not shared his PAN, Meera would have had to deduct 20 percent, that is Rs 12,00,000.
194M is the catch-all for individuals who are NOT covered by the business TDS sections. This table shows the split.
| Section | Who deducts | Payment type | Threshold |
|---|---|---|---|
| 194C | Business or audited individual/HUF | Contract work | Rs 30,000 single / Rs 1,00,000 yearly |
| 194H | Business or audited individual/HUF | Commission or brokerage | Above Rs 20,000 yearly |
| 194J | Business or audited individual/HUF | Professional or technical fees | Above Rs 50,000 yearly |
| 194M | Individual/HUF NOT covered above | Work, commission or professional fees | Above Rs 50,00,000 per payee yearly |
The key idea: if 194C, 194H or 194J already applies to you, you do not also use 194M. 194M exists only to cover the gap left by those sections.
It is 2 percent for deductions made on or after 1 October 2024. The original rate when the section started in 2019 was 5 percent, so older guides still quote 5 percent. Always apply the rate in force on your deduction date.
No. This is the main relief in Section 194M. You deduct, deposit and report using your own PAN. There is no need to apply for a Tax Deduction and Collection Account Number.
The aggregate of payments to a single resident payee in one financial year must exceed Rs 50,00,000. If you pay several people, each is tested separately against the Rs 50 lakh limit.
Three types: amounts for carrying out any work under a contract, commission or brokerage (other than insurance commission), and fees for professional services. The payee must be a resident of India.
You deposit it using Form 26QD, a challan-cum-statement, within 30 days from the end of the month in which you deducted the tax. The portal accepts your PAN, so no TAN login is needed.
Form 16D is the TDS certificate you issue to the payee within 15 days from the due date of filing Form 26QD. It lets the payee claim the deducted tax as credit in their return.
Under Section 206AA, if a valid PAN is not provided, you must deduct at 20 percent instead of 2 percent. So always collect the payee's PAN before paying.
No. Salary has its own Section 192, rent paid by individuals above Rs 50,000 a month falls under Section 194-IB, and buying property is covered by Section 194-IA. Section 194M is only for contract work, commission and professional fees.
This guide is reviewed for accuracy by Dr. Shrawan Kumar Pathak. It is general information, not a substitute for advice from a qualified chartered accountant on your specific facts.