Understanding Section 194N is a crucial aspect of tax on cash withdrawal. This section was introduced to curb the practice of tax evasion by individuals withdrawing large sums of cash.
The tax rate under Section 194N is 1% of the amount withdrawn. This rate is applicable to cash withdrawals exceeding Rs. 1 crore in a year.
What Is Tax on Cash Withdrawal?
Tax on cash withdrawal is a significant aspect of the Income Tax Act. It's a provision that aims to discourage excessive cash transactions and promote digital payments.
The tax on cash withdrawal, also known as TDS (tax deducted at source), is applicable to individuals who withdraw cash exceeding Rs. 1 crore from their bank accounts during a financial year. This includes withdrawals from post offices, cooperative banks, and business correspondents of a banking company.
To calculate the amount eligible for TDS, you need to consider the total amount withdrawn from all your bank accounts, not just one branch. For example, if you have withdrawn Rs. 50 lakh from one branch and Rs. 30 lakh from another, the total amount would be Rs. 80 lakh, which is below the threshold limit of Rs. 1 crore.
Here's a breakdown of the TDS threshold limits for different banks and institutions:
Note that the TDS threshold limit applies to each bank account separately, so if you have multiple bank accounts, the limit will be Rs. 1 crore for each account.
Introduction and History
Tax on cash withdrawal has been a topic of interest for many years. The concept of taxing cash withdrawals dates back to the 1970s in the United States. The first attempt to implement a tax on cash withdrawals was made in 1970, but it was met with resistance and ultimately failed.
The idea of taxing cash withdrawals gained momentum in the early 2000s, particularly in Europe. In 2005, the European Union implemented the Savings Tax Directive, which aimed to reduce tax evasion by taxing interest earned on savings in other EU countries. This directive led to increased scrutiny of cash transactions.
The tax on cash withdrawal is often linked to the fight against money laundering and terrorism financing. In 2014, the European Union introduced the Fourth Anti-Money Laundering Directive, which required member states to implement stricter regulations on cash transactions.
Deduction and Responsibility
The responsibility of deducting TDS under Section 194N falls on the payer, which includes banks, cooperative banks, and post offices. They are mandated to deduct the applicable TDS when individuals withdraw cash exceeding the prescribed limits from their accounts.
The payer must subtract TDS from the balance if the cumulative amount withdrawn reaches Rs 1 crore in a fiscal year. TDS will also be levied for amounts above Rs 1 lakh. For example, if an individual withdraws Rs 99 lakh in total during the fiscal year and then withdraws Rs 1,50,000, the TDS liability is only on the excess sum of Rs 50,000.
Here is a list of entities responsible for deducting TDS under Section 194N:
- Banks (both private and public sector)
- Cooperative banks
- Post offices
Note that certain categories of persons, such as government bodies, banks, and business correspondents of banking companies, are exempt from the provisions of this section.
What Is the Aim of 194?
The aim of TDS in Section 194N is to withhold tax from the payer after making cash payments to the payee in excess of Rs 1 crore in a fiscal year.
If the payee withdraws money at regular intervals, the payer must subtract TDS from the balance if the cumulative amount withdrawn reaches Rs 1 crore in a fiscal year.
TDS will also be levied for amounts above Rs 1 lakh, which means the payer has to be mindful of the total withdrawals made by the payee throughout the year.
For instance, if an individual withdraws Rs 99 lakh in total during the fiscal year and then withdraws Rs 1,50,000, the TDS liability is only on the excess sum of Rs 50,000.
The key takeaway is that the payer has to deduct TDS only from the amount exceeding Rs 1 crore in a financial year, which is a crucial aspect to understand in this context.
Responsibility for Deductions
The responsibility for deductions under Section 194N falls on the payer, who is required to deduct TDS when making cash payments exceeding Rs 1 crore in a financial year.
The payer is typically a bank, cooperative bank, or post office, as these institutions are mandated to deduct the applicable TDS when individuals withdraw cash exceeding the prescribed limits from their accounts.
In addition to banks, cooperative banks, and post offices, the payer can also include any other entity that makes cash payments exceeding Rs 1 crore in a financial year.
Here are the entities responsible for deducting TDS under Section 194N:
- Bank (private or public sector)
- Co-operative bank
- Post office
- Any bank (private or public sector)
- A co-operative bank
- A post office
Note that certain categories of payees are exempt from the provisions of this section, including government bodies, banks, business correspondents of banking companies, and traders of APMC paying to farmers.
Calculation and Limits
Calculating TDS on cash withdrawals can be a bit complex, but understanding the limits and rates can help you avoid surprises.
The TDS is calculated based on the total cash withdrawals made by an individual from all their accounts during the financial year. This includes savings, current, and other types of accounts maintained with a particular bank or post office.
If you have filed your income tax returns (ITRs) for any or all of the three preceding assessment years, TDS will be deducted at a rate of 2% on cash withdrawals exceeding ₹1 crore in a financial year.
In case you have not filed your ITRs for any of the three preceding assessment years, the TDS rates change. For cash withdrawals between ₹20 lakh and ₹1 crore, the TDS rate is 2%. For withdrawals exceeding ₹1 crore, the rate increases to 5%.
Here's a breakdown of the TDS rates based on the withdrawal amount:
It's essential to note that the TDS deducted under Section 194N can be claimed as a refund or adjusted against the total tax liability while filing the income tax return for the corresponding financial year.
Exceptions and Implications
Exceptions to TDS on cash withdrawal under Section 194N include cash withdrawals by the central or state government, banks, cooperative banks, post offices, and specific traders, commission agents, or full-fledged money changers licensed by the RBI and notified by the government.
Taxpayers who frequently make large cash withdrawals will face an increased compliance burden due to the implementation of Section 194N.
Individuals subject to TDS under Section 194N should consider utilising digital payment methods for transactions to avoid exceeding the cash withdrawal limits.
Here are the specific exceptions to TDS on cash withdrawal under Section 194N:
- Cash withdrawals by the central or state government.
- Cash withdrawals by banks, cooperative banks, or post offices.
- Cash withdrawals by business correspondents of banks or white-label ATM operators.
- Cash withdrawals made by specific traders, commission agents, or full-fledged money changers (FFMCs) licensed by the RBI and notified by the government.
Exceptions
Exceptions to the TDS under Section 194N are crucial to understand, as they can significantly impact your financial obligations.
Cash withdrawals by the central or state government are exempt from TDS under Section 194N.
Banks, cooperative banks, and post offices are also exempt from TDS under Section 194N for cash withdrawals.
Business correspondents of banks or white-label ATM operators are exempt from TDS under Section 194N for cash withdrawals.
Specific traders, commission agents, or full-fledged money changers (FFMCs) licensed by the Reserve Bank of India (RBI) and notified by the government are also exempt from TDS under Section 194N for cash withdrawals.
Implications
Implementing Section 194N has significant implications for individuals dealing with high-value cash transactions. It increases the compliance burden for taxpayers who frequently make large cash withdrawals.
Taxpayers should be aware that exceeding the cash withdrawal limits can lead to TDS under Section 194N. This can be a challenge for those who rely heavily on cash transactions.
To minimize tax liability, individuals should consider using digital payment methods for transactions. This can help avoid exceeding the cash withdrawal limits.
Maintaining detailed records of cash withdrawals is crucial for accurately reporting income tax returns. This can help identify any discrepancies and ensure compliance.
Exploring investment options can also help reduce taxable income and optimize tax efficiency. This can be a smart strategy for individuals looking to minimize their tax burden.
Here are some key implications of Section 194N:
- Increased compliance burden for taxpayers who frequently make large cash withdrawals
- Encouragement towards digital payments and non-cash transactions
- Monitoring of cash flow and identification of suspicious transactions
Frequently Asked Questions
What is the cash withdrawal charges above 50000?
For cash withdrawals exceeding Rs 50,000 in a single day, a 0.6% advance adjustable tax is deducted. This tax applies to individuals not listed in the Active Taxpayer List.
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