TDS on Benefits or Perquisites under Section 194R

Brief Summary

Section 194R of the Income Tax Act, 1961 was introduced by the Finance Act, 2022 to ensure that benefits or perks given in the course of business or profession are properly reported and taxed. In simple terms, if you receive something valuable, whether in cash, in kind, or partly both, because of your business or professional relationship, the giver must deduct TDS before giving it to you.

1. Purpose of Introducing Section 194R

Before Section 194R, many business-related benefits, like gifts, foreign trips, incentives, or free samples, often avoided tax reporting. To fix this gap, the government introduced this section to hold both the giver and the recipient accountable.

This law ensures that all business-related perks are tracked in the tax system rather than ignored as “gifts” or “promotional expenses.” 

2. What Section 194R Says (In Simple Terms)

If a resident person provides any benefit or perk (monetary or nonmonetary) to a resident recipient from their business or profession, TDS must be deducted at 10% of the value.

It applies only when:

1. The value of benefits given to a recipient during the financial year exceeds ₹ 20,000, and
2. The giver’s turnover in the previous financial year exceeds ₹ 1 crore (business) or ₹ 50 lakh (profession).

3. When to Deduct TDS

TDS must be deducted before giving the benefit or perk. If the benefit is in kind (or partly in kind and cash isn’t enough to cover TDS), the giver must ensure that tax equal to 10% of the total value has been paid before providing the benefit.

Example:

If a company gives a dealer a foreign trip worth ₹ 2,00,000, it must ensure ₹ 20,000 (10%) TDS is paid first, either by collecting it from the dealer or paying it itself.

4. What Is a “Benefit or Perk”?

It means any reward, gift, or advantage given due to a business or professional connection, such as:

• Free foreign or domestic trips for clients or distributors
• Gifts or vouchers for achieving sales targets
• Free samples given to doctors or professionals
• Payment of expenses for a client

The key factor is why the benefit was given. If it was given for business reasons, Section 194R applies. If it was purely personal, it doesn’t apply.

5. When Section 194R Does Not Apply (with CBDT Clarifications)

There are several situations where Section 194R is not applicable, according to CBDT Circular No. 12/2022:

1. When the benefit or perk is given to a non-resident, since the section applies only to residents.
2. When another TDS section applies to the same transaction (for instance, Section 194J for professional fees).
3. When the total value of benefits given to a person during a financial year does not exceed ₹ 20,000.
4. When perks are given to employees, as those are already covered under Section 192 (TDS on salary).
5. When sales discounts, cash discounts, or rebates are given in the regular course of trade — these are not “benefits or perks.”
6. When benefits are provided to Government entities that are not engaged in business or profession.
7. When there is a reimbursement of genuine business expenses supported by bills and incurred entirely for business purposes.

6. Impact on the Recipient

For the person receiving the benefit:

• It becomes taxable income under Section 28(iv) if it comes from business or profession.
• If it’s purely personal, it may fall under Section 56(2)(x) (Income from Other Sources).

Example:

• A doctor gets a laptop from a pharma company for prescribing its brand – this is taxable under PGBP.
• The same doctor receives a birthday gift from a friend – taxable (if over ₹ 50,000) under Other Sources, not under 194R.

7. Common Practical Scenarios

8. Why Compliance Matters

Failure to deduct TDS can lead to:

• Disallowance of expenses under Section 40(a)(ia).
• Interest and penalties under Section 201(1A).
• Mismatches in Form 26AS or AIS.

Businesses should establish internal checks to identify such benefits, especially in marketing or promotional expenses.

Conclusion

Section 194R addresses a key reporting gap by ensuring that business-related perks and benefits are no longer ignored in the tax system. It improves transparency and compliance. Both the giver and the recipient should clearly understand its scope—one for correct TDS deduction and the other for proper income reporting.