Form 140 / 26Q – TDS Return for Non-Salary Payments
Complete guide to Form 140 / 26Q filing requirements, due dates, and compliance
What is Form 140 / 26Q?
Filing Form 140 / 26Q is a statutory requirement for any entity or organisation to deduct tax (TDS) on payments other than salaries. These payments include professional fees, interest, rent, commission, contract payments, and similar transactions made to resident parties. The form is submitted quarterly and provides essential details to the Income Tax Department to ensure accurate reporting of TDS activity on non-salary payments.
The return includes the details of the TDS deducted along with the challan details for the amount deposit. Form 140 / 26Q requires quarterly reporting of deductee-level TDS data along with corresponding challan details. Each entry must be linked with the applicable TDS section and should reflect the nature and amount of the payment.
Popular TDS Sections
| Section | Nature of Payment |
|---|---|
| 194 | Dividend |
| 194A | Interest other than interest on securities |
| 194C | Payment to contractors and subcontractors |
| 194D | Insurance commission |
| 194G | Commission or prize on sale of lottery tickets |
| 194H | Commission or brokerage |
| 194I(a) | Rent for machinery or plant |
| 194I(b) | Rent for land or building |
| 194J | Fees for professional or technical services |
| 194LA | Compensation for acquisition of certain immovable property |
| 194LBB | Income from units of an investment fund |
| 194N | Cash withdrawals above threshold |
| 194O | Payments by e-commerce operator to e-commerce participant |
| 194Q | Purchase of goods |
| 194R | Benefit or perquisite in respect of business or profession |
| 194S | Transfer of Virtual Digital Assets (VDA) |
| 194T | Payments by Partnership Firms to Partners |
What are the details to be filled in Form 140 / 26Q?
Form 140 / 26Q contains a single annexure used to report all relevant non-salary TDS transactions. The following information is required:
- Deductor Details: Name, PAN, TAN, address and other details
- Challan Details: BSR code, date of deposit, challan serial number, and TDS amount
- Deductee Details: PAN, name, nature of payment, amount paid, TDS rate, and tax deducted
In cases where TDS is not deducted or deducted at a lower rate, valid reasons or exemption codes must be specified.
Details about reasons for lower/no deduction
What are the filing due dates for Form 140 / 26Q?
| Quarter | Due Date |
|---|---|
| April – June (Q1) | 31st July |
| July – September (Q2) | 31st October |
| October – December (Q3) | 31st January |
| January – March (Q4) | 31st May |
What is the TDS rate when PAN Is not available?
If the valid PAN is not furnished or is incorrect, tax deduction (TDS) is at a higher rate – typically 20% or as per the provisions of the Income Tax Act.
This rule is enforced under Section 397(2) / 206AA and applies even if the applicable TDS rate is lower.
How is interest calculated for late deduction or payment of TDS?
Interest for Non-Compliance:
- Non-Deduction of TDS: 1% per month from the date tax was deductible to the date of actual deduction
- Deducted but Not Deposited: 1.5% per month from the date of deduction to the date of actual payment
Interest is calculated based on the calendar month. Even a single-day delay in the calendar month is treated as a full month.
Details on how these interest is calculated
What are the Penalties for late filing of Form 140 / 26Q?
Late Filing Fee – Section 427 / 234E
A fee of Rs. 200 per day is applicable until the return is filed, capped at the total amount of TDS deducted within the Return.
Fees for Late Filing of TDS Returns
Penalty – Section 461 / 271H
Penalty between Rs. 10,000 and Rs. 1,00,000 may be levied for incorrect or delayed filing.
Understanding of Section 461 / 271H
Waiver of Penalty under 461 / 271H
No penalty if:
- TDS is deposited in full
- Late fee and interest are paid
- Return is filed within 1 year of due date
Prosecution for Non-Deposit of TDS
If deducted TDS is not deposited, the offence is punishable with rigorous imprisonment from 3 months to 7 years, along with a fine.