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Section 194N – TDS on Cash Withdrawals: Promoting a Less-Cash Economy

Tax Deducted at Source (TDS) is a mechanism under the Income Tax Act, 1961, where tax is deducted at the point of income generation. Section 194N, introduced by the Finance (No. 2) Act, 2019, is a unique provision that mandates TDS on cash withdrawals. Its primary objective is to discourage large cash transactions, promote digital payments, and track significant cash movements within the economy, thereby curbing the circulation of unaccounted money.

Objective of Section 194N

The introduction of Section 194N is a strategic move by the Indian government towards:

  • Promoting Digital Transactions: By making large cash withdrawals subject to TDS, the government incentivizes individuals and businesses to opt for digital payment methods like online transfers, debit/credit card transactions, and UPI.
  • Curbing Black Money: Large cash transactions have historically been a common channel for dealing with unaccounted wealth. Section 194N aims to bring more transparency and traceability to financial dealings, making it harder to hide income from tax authorities.
  • Tracking High-Value Transactions: This provision enables banks, co-operative societies, and post offices to report substantial cash withdrawals, allowing the Income Tax Department to monitor suspicious activities and enforce compliance.

Applicability of Section 194N

Section 194N applies when a person withdraws cash from their account(s) maintained with a:

  • Banking company (including public and private sector banks)
  • Co-operative society engaged in carrying on the business of banking
  • Post office

The obligation to deduct TDS falls on these institutions (the payers) when the aggregate cash withdrawals by an individual or entity exceed specific thresholds in a financial year.

Threshold Limits and TDS Rates

The threshold limits and applicable TDS rates under Section 194N depend on the recipient's Income Tax Return (ITR) filing history for the immediately preceding three assessment years. These rates and thresholds are:

Scenario 1: If ITRs have been filed for any of the last three assessment years

  • Threshold: TDS is applicable only on aggregate cash withdrawals exceeding ₹1 Crore in a financial year.
  • TDS Rate: 2% on the amount exceeding ₹1 Crore.

Example: If a person who regularly files their ITRs withdraws ₹1.2 Crore in cash during a financial year, TDS will be deducted on ₹20 Lakh (₹1.2 Crore - ₹1 Crore). The TDS amount would be ₹40,000 (2% of ₹20 Lakh).

Scenario 2: If ITRs have NOT been filed for all of the last three assessment years

This category faces stricter thresholds and higher TDS rates to encourage compliance:

  • Threshold 1: On aggregate cash withdrawals exceeding ₹20 Lakh but up to ₹1 Crore.
  • TDS Rate 1: 2% on the amount exceeding ₹20 Lakh.
  • Threshold 2: On aggregate cash withdrawals exceeding ₹1 Crore.
  • TDS Rate 2: 5% on the amount exceeding ₹1 Crore.

Example: If a non-filer withdraws ₹90 Lakh in cash during a financial year, TDS will be deducted on ₹70 Lakh (₹90 Lakh - ₹20 Lakh). The TDS amount would be ₹1,40,000 (2% of ₹70 Lakh). If the same non-filer withdraws ₹1.2 Crore, TDS would be 2% on (₹1 Crore - ₹20 Lakh = ₹80 Lakh) + 5% on (₹1.2 Crore - ₹1 Crore = ₹20 Lakh), totaling ₹1,60,000 + ₹1,00,000 = ₹2,60,000.

It's important to note that for co-operative societies, the threshold limit for TDS deduction has been increased to ₹3 Crores (effective from April 1, 2023), irrespective of ITR filing, to provide relief given their nature of transactions with farmers/low-income groups.

Who is Exempt from Section 194N?

TDS under Section 194N is not applicable to cash withdrawals made by:

  • The Central or State Government
  • Any banking company or co-operative society engaged in the business of banking
  • Any post office
  • Any business correspondent of a banking company or co-operative society
  • Any white label automated teller machine (ATM) operator
  • Such other persons as the Central Government may notify in consultation with the Reserve Bank of India (e.g., certain traders, commission agents licensed by RBI).

Important Points to Remember

  • Aggregation: The threshold limit (₹20 Lakh or ₹1 Crore) is aggregate for all accounts maintained by a person with a particular bank or post office in a financial year. If a person has accounts with different banks, the limit applies separately to each bank.
  • PAN Requirement: If the recipient does not provide a valid Permanent Account Number (PAN), the TDS rate under Section 206AB might apply, leading to a higher TDS rate, which can be 20% in certain scenarios, especially if the PAN is inoperative due to non-linking with Aadhaar.
  • No Lower Deduction Certificate: The provisions of Section 194N do not allow for the submission of Form 15G/15H or an application for a lower deduction certificate under Section 197.
  • Effective Date: Section 194N came into effect from September 1, 2019. For calculation purposes, cash withdrawals from April 1st of the financial year are considered to determine if the threshold is met, but TDS is only deducted on withdrawals made on or after the effective date (Sept 1, 2019).

Impact on Individuals and Businesses

For individuals and businesses accustomed to dealing with large volumes of cash, Section 194N necessitates a shift towards digital transactions. While it might pose an initial adjustment, it ultimately contributes to a more transparent and organized financial system. For those who frequently deal in cash, proactive tax planning and understanding these provisions are essential to avoid unexpected TDS deductions.

Navigating TDS on Cash Withdrawals? We're Here to Help!

Understanding and complying with Section 194N can be tricky, especially with varying thresholds and rates. At DisyTax, we provide comprehensive guidance to ensure you remain compliant and manage your cash flow efficiently.

Our services include:

  • Clarifying Applicability: Helping you understand when Section 194N applies to your specific transactions.
  • TDS Calculation Assistance: Accurate calculation of TDS on cash withdrawals.
  • Compliance Advice: Guidance on maintaining records and ensuring proper reporting for financial institutions.
  • Tax Planning Strategies: Advice on optimizing your financial transactions to minimize TDS implications where possible.
  • ITR Filing Guidance: Emphasizing the importance of timely ITR filings to benefit from higher withdrawal limits.

Don't let TDS complexities impact your operations. Contact DisyTax today for expert assistance.

Section 194N – TDS on Cash Withdrawals: FAQs

What is Section 194N of the Income Tax Act?

Section 194N of the Income Tax Act mandates Tax Deducted at Source (TDS) on cash withdrawals exceeding a certain limit from bank accounts, co-operative banks, or post office accounts. The primary objective is to discourage large cash transactions and promote a less-cash economy.

What is the threshold for TDS under Section 194N?

The threshold for TDS under Section 194N is generally ₹1 crore in a financial year. However, for individuals who have not filed their income tax returns (ITR) for all three assessment years relevant to the three previous years, the threshold is lower, at ₹20 lakh.

What are the different TDS rates under Section 194N?

The TDS rates vary:

  • 2% on cash withdrawals exceeding ₹1 crore in a financial year, if the recipient has filed ITR for all three preceding assessment years.
  • 2% on cash withdrawals exceeding ₹20 lakh but up to ₹1 crore in a financial year, if the recipient has NOT filed ITR for all three preceding assessment years.
  • 5% on cash withdrawals exceeding ₹1 crore in a financial year, if the recipient has NOT filed ITR for all three preceding assessment years.

Who is liable to deduct TDS under Section 194N?

Banks, co-operative banks, and post offices are responsible for deducting TDS under Section 194N when a person withdraws cash exceeding the specified limits from their accounts.

Does Section 194N apply to all types of accounts?

Yes, Section 194N applies to cash withdrawals from all types of accounts including savings accounts, current accounts, and overdraft accounts held with banks, co-operative banks, and post offices.

Are there any exemptions to Section 194N?

Yes, certain entities are exempt from TDS under Section 194N. These include:

  • The Central or State Government
  • Any bank (including a co-operative bank)
  • Any banking company or co-operative society engaged in carrying on the business of banking
  • Any white label ATM operator
  • Such other person or class of persons as the Central Government may, by notification in the Official Gazette, specify in consultation with the Reserve Bank of India.

How is the cash withdrawal limit calculated for Section 194N?

The cash withdrawal limit is calculated on an aggregate basis across all accounts held by a single person with a particular bank/post office during a financial year. If you have multiple accounts with the same bank, the withdrawals from all those accounts will be clubbed to check the threshold.

What if I withdraw cash from different banks?

The threshold of ₹1 crore (or ₹20 lakh/₹1 crore for non-filers) applies per financial year per bank/post office. So, if you withdraw ₹80 lakh from one bank and ₹80 lakh from another, neither bank will deduct TDS, as your withdrawal from each bank is below the individual bank threshold.

How does the bank know if I have filed my ITR for previous years?

Banks are required to check the ITR filing status of their customers through an automated system. Based on this, they apply the appropriate TDS rate. It is crucial to ensure your ITRs are filed on time to avoid higher TDS.

Can I get a refund of TDS deducted under Section 194N?

TDS deducted under Section 194N can be claimed as a credit when you file your income tax return. If your total tax liability is less than the TDS deducted, you may be eligible for a refund.

What is the impact of Section 194N on businesses that deal heavily in cash?

Section 194N significantly impacts businesses that primarily operate using cash transactions, such as certain retail businesses, agricultural traders, etc. It encourages them to shift towards digital payment methods and formal banking channels to avoid TDS.

Is there any way to avoid TDS under Section 194N?

The simplest way to avoid TDS under Section 194N is to limit cash withdrawals below the specified thresholds. Additionally, ensure you file your income tax returns regularly and on time, even if your income is below the taxable limit, to benefit from the lower TDS rate.

What if I need to withdraw a large amount of cash for genuine reasons?

If you have genuine reasons for requiring large cash withdrawals, you will still be subject to TDS under Section 194N if the limits are exceeded. You can, however, claim this TDS as a credit while filing your ITR.

When was Section 194N introduced and what was its purpose?

Section 194N was introduced in the Union Budget 2019 and became effective from September 1, 2019. Its primary purpose is to curb cash transactions, promote digital payments, and track large cash movements to curb black money and improve tax compliance.

Where can I find more official information about Section 194N?

You can find more official information about Section 194N on the website of the Income Tax Department, Government of India, or by referring to the relevant sections of the Income Tax Act, 1961, and associated circulars and notifications.