CPC (TDS) reminder to Deductors for downloading TDS Certificates (Form 16A) for TDS Statements filed for Q1, FY 2016-17

Date of communication: 01/10/2016

Dear Deductor (TAN XXXXXXXXXX),

As per the records of Centralized Processing Cell (TDS), TDS Statements have been filed by you for Quarter 1 of Financial Year 2016-17; however, TDS Certificates in Form 16A have not yet been downloaded in respect of this quarter, from the web-portal TRACES.

Immediate Attention: With reference to the above subject, you are requested to download the TDS Certificates, without any further loss of time.

Please also refer to the following provisions of the Income Tax Act, 1961 in this regard:

Downloading of TDS Certificates from TRACES made mandatory:

In this regard, your attention is invited to the CBDT circulars no. 03/2011 dated 13.05.2011, no. 01/2012 dated 09.04.2012 and 04/2013 dated 17.04.2013, on the Issuance of certificate for Tax Deducted at Source in Form 16/16A as per IT Rules 1962. It is now mandatory for all deductors to issue TDS certificates after generating and downloading the same from “TDS Reconciliation Analysis and Correction Enabling System” or http://www.tdscpc.gov.in (herein after called TRACES Portal).

TDS Certificates downloaded only from TRACES hold valid:

In view of above circulars, it may kindly be noted that the TDS Certificates downloaded only from TRACES Portal will be valid. Certificates issued in any other form or manner will not comply to the requirements referred in the Income-tax Act 1961 read with relevant Rules and Circulars issued in this behalf from time to time.

Due Date for downloading and Penalty for non-compliance:

Please be advised that under the provisions of section 203 of the Income Tax Act, 1961 read with rule 31A, Certificate of tax deducted at source is to be furnished within fifteen (15) days from the due date for furnishing the statement of tax deducted at source. Failure to comply with the provisions of the Act will attract penalty under the provisions of section 272A of the Act, a sum of one hundred rupees for every day during which the failure continues.

Assistance for downloading TDS Certificates from TRACES:

You can logon to our portal http://www.tdscpc.gov.in and refer to our e-Tutorial to download TDS Certificates. For any assistance, you can write to ContactUs@tdscpc.gov.in or call our toll-free number 1800 103 0344.

CPC (TDS) is committed to provide best possible services to you.

CPC (TDS) TEAM

Avail the Benefit of CPC(TDS) Analytics for Correction of PANs in your TDS Statements

Date of Communication: 23/09/2016

Dear Deductor, TAN (XXXXXXXXXX)

Centralized Processing Cell (TDS) has observed from its records that you have reported “Structurally Correct, however Invalid PANs” in your TDS Statement filed for Quarter 3 and 4 of Financial Year 2015-16. To correct such errors, CPC (TDS) Analytics provides facility of correct PAN suggestions for the Deductees, while submitting Online PAN Corrections based on your statement filing history.

Action to be taken:

  • “Online Correction” facility of TRACES can be used with Digital Signatures for correction of PANs. To avail the facility, you are requested to “Login to TRACES” and navigate to “Defaults” tab to locate “Request for Correction” from the drop-down menu. For assistance, please refer to the e-tutorial available on TRACES.
  • While submitting PAN Corrections, CPC (TDS) Analytics identifies the above referred errors for you and provides suggestions for Valid PANs. This will reflect as follows while submitting corrections:

Implications, if Errors are not corrected:

Deductor would not have been able to generate TDS Certificates for deductees with such incorrect PANs. In case, you have issued TDS Certificates outside TRACES, they will not be valid. In view of CBDT circulars 04/2013 dated 17.04.2013, No. 03/2011 dated 13.05.2011 and No. 01/2012 dated 09.04.2012, TDS Certificates downloaded only from TRACES Portal will be valid. Certificates issued in any other form or manner will not comply to the requirements referred in the Income-tax Act 1961 read with relevant Rules and Circulars issued in this behalf from time to time.

  • Correct TDS Credits in 26AS statements to such taxpayers will not be available and they will not be able to avail the same, while filing their Income Tax Returns.
  • As per section 206AA of the Income Tax Act, tax is to be deducted at a higher rate, in case of “Not Available/ Invalid PANs”. Therefore, default of Short Deduction, including Interest is charged on the deductor, if the tax has not been deducted at higher rate, as per the provisions of section 206AA.

Therefore, to avoid generation of defaults against you and to avoid any inconvenience to your deductees, please make full use of the above referred facility.

For any further assistance, you can also write to ContactUs@tdscpc.gov.in or call our toll-free number 1800 103 0344.

CPC (TDS) is committed to provide best possible services to you.

CPC (TDS) TEAM

Extension of due date for submission of Form 15G/15H

Deductee gives Form 15G/15H to deductors for non-deduction of TDS, since deductee’s total income is below taxable limit.

Deductors are required to upload these forms received from deductees on the Income Tax Department website.

The department has extended the due dates for submission of these forms as follows:

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Where TDS is applicable and how to avoid it

Salary income: Employer deducts TDS on total income, including income other than salary after taking into account all deductions and exemptions. This saves the individual the hassle of paying tax himself.

TDS rate: As applicable to individual based on his income and deductions.

Interest income: TDS is deducted by banks on FDs and RDs if the interest exceeds Rs 10,000 a year. TDS does not end tax liability. Someone in a higher tax slab will need to pay additional tax. Those in lower income bracket can seek a tax refund.

TDS rate: If PAN has been provided, TDS is 10% of income. Otherwise it is 20% of income.

EPF withdrawals: Withdrawals from Employee Provident Fund are subject to TDS if you withdraw before five years of service. However, no TDS is deducted on withdrawals of less than Rs 30,000.

TDS rate: If PAN has been provided, TDS is 10% of the withdrawal. Otherwise it is 20% of the amount.

Property sale: TDS is applicable if the value of the property exceeds Rs 50 lakh. If instalments are being paid TDS is deducted on each instalment. The buyer must obtain a Tax Deduction Account Number to deduct TDS. TDS has to be de -posited along with Form 26QB within a week from the end of the month in which TDS was deducted. Buyer must give TDS certificate to the seller.

TDS rate: If PAN has been provided, TDS is 1% of sale value. Otherwise it is 20% of the sale value.

On NRIs: NRIs are not permitted to submit Form 15G/H for NRO deposits and TDS is mandatory on all incomes. In case of resident Indians, TDS kicks in only if interest exceeds Rs 10,000 a year. But there are no such threshold for NRO deposits. Easwar committee has recommended easing of TDS rules for NRIs.

TDS rate: 30% on interest income from bank deposits, 20% from corporate deposits, 15% on short-term capital gains if securities transaction tax (STT) has been paid and 10% on longterm capital gains. If no STT is paid on short-term gains, TDS is 30%. Flat rate of 20% on sale of property.

How to avoid it

TDS can be avoided by submitting Form 15G or 15H. Form 15H is for senior citizens. It can be submitted if there is no tax on total income. Form 15G is for everybody else, except NRIs. It can be filed if tax on total income is nil and total interest income is less than the basic exemption limit.

Key Features – File Validation Utility (FVU) version 2.148

  • Changes in Form 27A generated from File Validation Utility.

The Quarter of the statement is made available in Form 27A as generated from FVU.

Example: if the statement is validated from FVU pertaining to FY 2016-17 of the second quarter (i.e. July 1, 2016 to September 30, 2016), in such case, Form 27A will have the following statement ‘Form for furnishing information with the statement of Deduction / collection of tax at source (tick whichever is applicable) filed on computer media for the period Q2’

  • This version of FVU is applicable with effect from September 17, 2016.

Key Features – File Validation Utility (FVU) version 5.2

  • Addition of new fields for Form 24Q-Q4 under Annexure ll (i.e. salary details) as below:
  1. Aggregate rent payment exceeds rupees one lakh during the previous year:

– The above is applicable for regular as well as correction statements pertaining to FY 2016-17 onwards.

– If the rent payment exceeds rupees one lakh, in such case, flag value ‘Yes’ is to be mentioned under the above referred field, else flag value ‘No’ is to be mentioned.

– If the flag value is ‘Yes’, in such case, PAN and Name of the landlord is to be mandatorily mentioned. The details (i.e. PAN and Name) of maximum to four landlords can be mentioned.

  1. Deduction of interest under the head ‘Income from house property’ (which is paid to the lender):

– The above is applicable for regular as well as correction statements pertaining to FY 2016-17 onwards.

– If the interest is paid to the lender, in such case, flag value ‘Yes’ is to be mentioned under the above referred field, else flag value ‘No’ is to be mentioned.

– If the flag value is ‘Yes’, in such case, PAN and Name of the lender is to be mandatorily mentioned. The details (i.e. PAN and Name) of maximum to four lenders can be mentioned.

  1. Deduction of tax from contributions paid by the trustees of an approved superannuation fund:

– The above is applicable for regular as well as correction statements pertaining to FY 2013-14 onwards.

– If the contribution is paid by the trustee, in such case, flag value ‘Yes’ is to be mentioned under the above referred field, else flag value ‘No’ is to be mentioned.

– If the flag value is ‘Yes’, in such case, below fields are applicable and values in all these fields is to be mandatorily mentioned.

o Name of the superannuation fund

o Date from which the employee has contributed to the superannuation fund

o Date to which the employee has contributed to the superannuation fund

o The amount of contribution repaid on account of principal and interest

o The average rate of deduction of tax during the preceding three years

o The amount of tax deducted on repayment

o Gross total income including contribution repaid on account of principal and interest from superannuation fund.

  • Addition of new fields for Form 27Q under Annexure l (i.e. deductee details) as below:
  1. The following new fields have been incorporated:
  • Email ID of the deductee
  • Contact number of deductee
  • Address of deductee in country of residence
  • Tax Identification Number/ Unique Identification Number of deductee
  1. The above is applicable for regular as well as correction statements pertaining to FY 2016-17 onwards.
  2. The values in all the above new fields will be mandatory, if all the below conditions are fulfilled else the values in these fields are optional.
  • Value in the field no. 10 i.e. “PAN of the deductee” from deductee details record is PANINVALID or PANAPPLIED or PANNOTAVBL and
  • Value in the field no. 26 i.e. “Rate at which Tax Deducted” from deductee
  • details record is less than 20% and
  • Value in the field no. 30 i.e. “Remarks 1” from deductee details record is “C”
  • Changes in Form 27A generated from File Validation Utility.

The Quarter of the statement is made available in Form 27A as generated from FVU.

Example: if the statement is validated from FVU pertaining to FY 2016-17 of the second quarter (i.e. July 1, 2016 to September 30, 2016), in such case, Form 27A will have the following statement ‘Form for furnishing information with the statement of Deduction / collection of tax at source (tick whichever is applicable) filed on computer media for the period Q2’

  • This version of FVU is applicable with effect from September 17, 2016.

Frequently Asked Questions (FAQ) on Form 16/16A

What is Form 16 / 16A?

It is the certificate of deduction of tax at source by any person in accordance with Chapter XVII-B of IT Act. Form 16 is issued on deduction of tax by the employer on behalf of the employee under section 192 of IT Act, 1961. Form 16A is issued if the deduction of tax is under any other provision of Chapter XVII-B of IT Act. These certificates provide details of TDS / TCS for various transactions between deductor and deductee. It is mandatory to issue these certificates to Tax Payers u/s 203 of IT Act, 1961.

Is there any format for these certificates?

Form 16 / 16A are issued as per the provisions of Rule 31(1).

How are these forms generated?

These forms shall be generated by TDS CPC on processing the quarterly TDS / TCS statements filed by deductor. Deductor will have to raise a request for the same on TRACES. Deductor shall have the option to digitally sign the certificates.

What is the due date for the issue of these certificates?

Sr. No. Form Periodicity Due Date
1 16 Annual By 31st day of May of the financial year immediately following the financial year in which the income was paid and tax deducted
2 16A Quarterly Within fifteen days from the due date for furnishing the statement of tax deducted at source under rule 31A

What should I do if I am not getting Form 16 from TRACES?

Ensure that you have filed Form 24Q for Quarter 4 with Annexure II. It is mandatory to file Annexure II giving actual particulars for the entire financial year, as Form 16 is generated on the basis of information provided in Annexure – II.

How are the particulars of those employees who are employed with more than one employer in a financial year to be shown in Form 16?

The employee should declare previous salary and TDS details, if any, with the current employer and the same should be considered by the current employer while deducting TDS on salary and issuing Form 16.

What can I do if I am unable to get the TDS certificate (Form 16 / 16A)?

It is the duty of every person deducting tax to issue a TDS certificate. In spite of your request, if you are denied the certificate then there is a chance that the tax deducted has not been deposited by the deductor to the government account. Please inform the department (PRO or TDS section) which will then do the needful.

I have not received TDS certificate from my employer. Can I claim TDS deducted from my salary?

Yes. The claim can be made in your return. Department, however, will raise a demand which will not be enforced on you but on your employer.

If a deductee comes back stating that the original TDS certificate is lost, can a duplicate certificate be issued?

Yes. Deductor will have to issue the duplicate certificate.

Even if no taxes have been deducted from salary, is there any need for my employer to issue Form 16 to me?

Form 16 is a certificate of TDS and in your case it will not apply. However your employer must issue a salary statement.

If I am receiving my pension through a bank who will issue Form 16 or pension statement to me – the bank or my former employer?

The bank will issue Form 16.

Can deductor download Form 16 without being registered on TRACES?

No, only registered user (deductor) on TRACES can download Form 16 / 16A.

While submitting request to download Form 16 / 16A, deductor has entered details correctly in Part 1 and Part 2 in validation details screen, yet it shows error as ‘Invalid Details’ in Part 1 and Part 2. What should deductor do?

Details to be filled in validation screen should be exactly the same as reported in the TDS statement. If you have filed any correction statement, Token Number and other details should be as per the latest correction statement.

I am unable to download Form 16 / 16A as the number of PANs for which Form 16 / 16A were submitted was higher, however the PDFs generated were less. What should I do?

Check the status of the PANs for which Form 16 / 16A has not been generated. These PANs might be with inactive status or not present in the TDS statement filed.

What is the password for opening Form 16 / 16A text file?

The password for opening Form 16 / 16A will be your TAN in capital letters, i.e., AAAA11111A.

Registered user on TRACES has updated the communication and address details on TRACES. However while downloading Form 16A, it shows a different address. How can deductor edit address details in Form 16A?

Details updated in ‘Profile’ section of your TRACES account will be saved only in TRACES and will not be updated in TAN database. To change details in TAN database, submit TAN change request form (Form 49B) at www.tin-nsdl.com.

Can I make any changes in the certificate generated by TDS CPC?

The certificates shall be generated in PDF format, therefore they are not editable. Deductor is thereby not permitted to make changes to these certificates. If any error is identified in the certificate, deductor will have to file a correction statement for the same.

Can Form 16 (Part A) / Form 16A be issued manually?

No. Only the Form 16 (Part A) / Form 16A downloaded from TRACES are considered as valid TDS certificates, as per CBDT circular 04/2013 dated 17th April, 2013.

What should I do in case company name is updated incorrectly in Form 16 (Part A) / Form 16A?

You need to check the respective quarterly statement and file a correction for the same. After filling correction, download Form 16 (Part A) / Form 16A.

How can I edit or add detail of authorized person in Form 16 / Form 16A?

Details of authorized person can be updated in ‘Profile’ section of deductor’s account in TRACES.

Steps for requesting Form 16 / 16A

The steps for requesting Form 16 / 16A has been given below:

  • Login to TRACES as deductor and submit download request for Form 16 / 16A under ‘Downloads’ tab.
  • File will be available under ‘Requested Downloads’ in ‘Downloads’ tab.
  • Text file will be provided containing details of all requested PANs.
  • User must convert this text file to PDF using ‘TRACES PDF Generation Utility’.
  • This utility will convert the text file into individual PDFs for each PAN.
  • Deductor can also opt to digitally sign the PDFs while converting.

How to Download TDS Certificate in Form 16B?

Government has made it mandatory w.e.f 01.06.2013 on buyer of property to deduct TDS @ 1% on payment made after 01.06.2013 if Purchase Consideration of the Property exceeds Rs. 50 Lakh.

Deductor can pay such TDS by any of the following mode:-

Either make the payment online (through e-tax payment option) immediately or make the payment subsequently through e-tax payment option (net-banking account) or by visiting any of the authorized Bank branches. However, such bank branches will make e-payment without digitization of any challan. The bank will get the challan details from the online form filled on http://www.tin-nsdl.com.

Once the Payment is made now the dedcuctor is required to issue TDS certificate in form 16B to the seller of the Property. Now the question is how to prepare or from where deductor can get such certificate for the purpose of issue to the seller? Answer is deductor can download such certificate from Traces website and issue to the seller.

Procedure to Download TDS certificate in form 16B is as follows:-

1. Login to:

https://www.tdscpc.gov.in/en/deductor-home.html

2. Click on Register New User and you will be asked to provide basic details such as your

  • PAN
  • Date of Birth
  • Last, Middle and First Name and would also be required to further validate details of either tax deducted (option 1) or tax paid by you (option 2).
3. On Validation of details, your account will be created.  User ID by default would be your PAN, You would have the option of providing Pass word of your choice.  A email would be automatically generated providing you an activation link with a second code being text on your mobile.  Having activated your account, it is now ready to be used.  Services currently available are view 26AS statement and down load Form 16B in case you are the buyer of immovable Properties.  May be in near future you are able to download your Form 16 or 16A also through this window.

To download form 16B, go to download, click on request for form 16B, validate details and submit your request.  After some time the same shall be available under download menu. Click on download, click of available and download and save it your computer.

Print, sign and deliver it to the seller.