Harun Raaj & AssociatesHarun Raaj & Associates
Direct Tax Servicesvia www.incometax.gov.in

TDS on Contractor Payments — Section 194M (Form 26QD & 16D)

Individuals and HUFs paying contractors or professionals more than ₹50 lakh in a year must deduct 5% TDS under Section 194M and file Form 26QD. No TAN required. CA-assisted filing. Starting ₹1,499.

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APPLICABLE TOIndividual, HUF

Regulatory Framework

Section 194M — Income-tax Act, 1961
Inserted by Finance Act 2019, effective 1 September 2019. Applies to every individual or HUF (other than those required to deduct tax under Sections 194C, 194H, or 194J) who is responsible for paying to a resident any sum by way of fees for professional services, technical services, royalty, or sum paid to a contractor under a contract, where the aggregate of such sums exceeds ₹50 lakh in a financial year.

Rate: 5% — a single rate regardless of whether the payment is to a contractor (normally 1%/2% under 194C) or professional (normally 10% under 194J).

Rule 30(2)(BD) — due date for Form 26QD
TDS under Section 194M must be paid within 30 days from the end of the month in which deduction is made, via Form 26QD on the income tax e-filing portal. No TAN required — PAN suffices.

Section 203 / Rule 31 — Form 16D
TDS certificate to be issued to the payee within 15 days of the due date for filing Form 26QD.

Section 234E / Section 201(1A)
Same late-filing fee (₹200/day) and interest (1.5%/month) regime as other challan-cum-statement forms.

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ITA 2025 Concordance (in force 1 April 2026)
Section 194M [ITA 1961] → Section 393 [ITA 2025] (consolidated non-salary TDS provision; rate schedule covers contractor and professional payments)
Section 234E [ITA 1961] → Section 427 [ITA 2025]
Section 201(1A) [ITA 1961] → Section 397 [ITA 2025]
Transition note: AY 2026-27 runs under ITA 1961 per Section 536(2) repeal-and-savings. ITA 2025 sections apply to tax year 2026-27 onward.
Section 271H [ITA 1961] → Section 461 [ITA 2025] (Penalty for failure to furnish TDS/TCS statements — applies when Form 26QC/26QD not filed within 1 year of due date)

Overview

Section 194M (inserted by Finance Act 2019, effective 1 September 2019) fills a gap in the TDS framework: it requires individuals and HUFs not subject to tax audit under Section 44AB to deduct TDS when aggregate payments to contractors or professionals exceed ₹50 lakh in a financial year.

Who it applies to:

  • Individuals and HUFs NOT required to get a tax audit (business turnover below ₹3 crore or professional receipts below ₹75 lakh)

  • Paying to resident contractors (work contracts, labour contracts) under the scope of Section 194C

  • Paying to resident professionals (doctors, lawyers, architects, engineers, CAs, consultants) under the scope of Section 194J

Who it does NOT apply to:

  • Individuals/HUFs required to get tax audit under Section 44AB — they use the regular 194C/194J framework and must have TAN

  • Payments to non-residents (covered by Section 195)

Key features — designed for ease:

  • No TAN required: Section 194M uses PAN instead of TAN, making it accessible to individuals with no prior TDS obligations.

  • Rate: 5% (flat rate for both contractors and professionals, unlike 1%/2% for contractors and 10% for professionals under 194C/194J)

  • Form 26QD: challan-cum-statement (like 26QB and 26QC — no quarterly return)

  • Due date: 30 days from end of the month in which TDS was deducted; March deductions due by 30 May

  • Form 16D: TDS certificate generated from TRACES after 26QD is filed; given to the payee

Threshold is aggregate, not per-payment:
The ₹50 lakh threshold is the aggregate of all payments to contractors AND professionals during the financial year. ₹30 lakh to a contractor plus ₹25 lakh to a consultant = ₹55 lakh aggregate, crossing the threshold.

How It Works

  1. 1

    Verify threshold and compute TDS

    We calculate the aggregate payments to contractors and professionals in the financial year. If the total exceeds ₹50 lakh, we compute the TDS at 5% and identify the month in which deduction applies.

    Harun Raaj & Associates does thisSame day
  2. 2

    Prepare Form 26QD

    We prepare the challan-cum-statement with payee PAN, payment details, and TDS amount. No TAN is needed — your PAN is used as the deductor identifier.

    Harun Raaj & Associates does thisSame day
  3. 3

    Pay TDS on income tax portal

    You pay the TDS via Form 26QD on the income tax e-filing portal. We walk you through the portal payment flow (net banking or UPI).

    You do thisSame day
  4. 4

    Confirm acknowledgement

    After payment, the 26QD acknowledgement is generated. We record the BSR code and challan number.

    Harun Raaj & Associates does thisSame day
  5. 5

    Issue Form 16D to payee

    We download Form 16D from TRACES and provide it to the contractor or professional so they can claim TDS credit in their ITR.

    Harun Raaj & Associates does this1 business day

Frequently Asked Questions

I pay my architect and contractor a combined ₹60 lakh a year. Does Section 194M apply to me?
Yes, if you are an individual or HUF not required to get a tax audit under Section 44AB. Section 194M applies when aggregate payments to contractors AND professionals exceed ₹50 lakh in the financial year. Your ₹60 lakh aggregate crosses the threshold. TDS at 5% applies on payments from the point at which the aggregate first crossed ₹50 lakh — not just on the excess.
Do I need a TAN to deduct TDS under Section 194M?
No. Section 194M is specifically designed for individuals and HUFs who do not have TAN. You file Form 26QD using your PAN. This is one of the key distinctions from Section 194C and 194J, which require TAN registration. If you already have TAN because your business turnover required it, use the regular 194C/194J framework instead.
What is the difference between Section 194C/194J and Section 194M?
Sections 194C (1%/2% for contractors) and 194J (10% for professionals) apply to businesses, companies, firms, or individuals/HUFs subject to tax audit. Section 194M applies to individuals and HUFs NOT subject to tax audit, at a flat 5% rate on both contractor and professional payments. The threshold (₹50 lakh aggregate), form (26QD), and absence of TAN requirement are also specific to 194M.
The payment crossed ₹50 lakh only in the last month. What TDS do I deduct?
TDS under Section 194M is deducted on the payment that causes the aggregate to cross ₹50 lakh, and on all subsequent payments in the year. For example, if you paid ₹30 lakh in H1 and ₹25 lakh in H2, TDS applies on the H2 payments (since the aggregate crossed ₹50 lakh at that point). The H1 payments made before crossing the threshold are not retrospectively taxed.
When must I file Form 26QD and issue Form 16D?
Form 26QD must be filed within 30 days from the end of the month in which TDS was deducted. For deductions in March, the deadline is 30 May. Form 16D (the TDS certificate) must be issued to the payee within 15 days of the 26QD due date. The payee needs Form 16D to claim TDS credit in their ITR.

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