Updated for Income-tax Act, 2025 | Tax Year 2026-27

TDS on Commercial Property Rent: Section 393 Compliance

Paying rent for an office, shop, warehouse, or showroom? From 1 April 2026, TDS on rent is covered by Section 393(1), which replaced Section 194I. Rent of buildings attracts 10% TDS under payment code 1009, and machinery rent attracts 2% under code 1008. We handle the TDS computation, challan, quarterly return, and certificate so your landlord gets full credit.

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  • Form 140 and Form 131 filing
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TDS on commercial property rent - Section 393 compliance

Fee for TDS on Commercial Property Rent Compliance

One simple fee covers the TDS computation, challan, quarterly return, and certificate for your landlord. The TDS amount itself is paid separately to the government. Individual and HUF tenants not under audit use Form 141 and Form 132, so message us on WhatsApp to confirm your case.

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Quick Answer: TDS on Commercial Property Rent Under Section 393

Under Section 393(1), Table Sl. No. 2(ii) of the Income-tax Act, 2025, which replaced Section 194I, a tenant deducts 10% TDS on rent of land, building, or furniture (payment code 1009) and 2% on rent of plant, machinery, or equipment (code 1008) when rent to a landlord crosses ₹50,000 per month. TDS is deposited by the 7th of the next month, reported in Form 140, and certified by Form 131.

Section 194I vs Section 393: What Changed for Rent TDS

The rates stayed the same. The section reference, payment codes, and forms changed from 1 April 2026.

ParticularsEarlier (Income-tax Act, 1961)Now (Income-tax Act, 2025)
Business tenantSection 194ISection 393(1), Table Sl. No. 2(ii)
Individual or HUF tenant, not under auditSection 194-IBSection 393(1), Table Sl. No. 2(i)
Building, land, furniture rent10%, challan code 4IB10%, payment code 1009
Machinery, plant, equipment rent2%, challan code 4IA2%, payment code 1008
Quarterly statement and certificateForm 26Q and Form 16AForm 140 and Form 131
Individual or HUF challan and certificateForm 26QC and Form 16CForm 141 and Form 132
Threshold₹2.4 lakh a year (raised to ₹6 lakh from FY 2025-26)₹50,000 per month or part of a month

Transition note: Rent paid or credited up to 31 March 2026 follows Section 194I of the 1961 Act. Rent on or after 1 April 2026 follows Section 393.

TDS Rates and Payment Codes on Commercial Rent

Type of RentRatePayment CodeApplies To
Land, building, furniture, or fittings10%1009Office, shop, warehouse, showroom, factory building
Plant, machinery, or equipment2%1008Rented machines and equipment
Rent by individual or HUF not under audit2%Form 141 routeIndividual tenants of commercial property
Landlord without valid PANGenerally 20%As applicableAny rent payment

Tip: Always confirm the code on the live challan or TRACES screen before paying, because code lists can be updated.

Who Must Deduct TDS on Commercial Rent?

Business tenants (Form 140 route)

  • Companies, firms, LLPs, and trusts renting an office or shop
  • Individuals and HUFs whose accounts are subject to tax audit
  • Government bodies and local authorities
  • Any tenant paying rent to a resident landlord above the threshold

Individual and HUF tenants (Form 141 route)

  • Individuals and HUFs not subject to tax audit
  • Rent above ₹50,000 per month for a month or part of a month
  • 2% TDS, deducted once for the year or at the end of the tenancy
  • No TAN needed, filed with PAN, certificate in Form 132

What Counts as Rent for TDS Purposes

Commercial Premises

Offices, shops, showrooms, warehouses, godowns, and factory buildings taken on rent or lease.

Land and Furniture

Rent of vacant land, parking land, furniture, and fittings used with the premises.

Machinery and Equipment

Rent for plant, machinery, and equipment, taxed at the lower 2% rate.

Advance and Other Charges

Advance rent and non-refundable deposits can attract TDS, so check each payment before you pay.

Examples of TDS on Commercial Rent

CaseRentCodeTDS
Company renting an office₹80,000 per month100910% = ₹8,000 per month
Firm renting a warehouse₹55,000 per month100910% = ₹5,500 per month
Company renting machinery₹60,000 per month10082% = ₹1,200 per month
Individual (no audit) renting a shop₹70,000 per monthForm 1412% on yearly rent of ₹8.4 lakh = ₹16,800 once
Any tenant, rent below the limit₹40,000 per monthNoneNo TDS

How to Deduct and Deposit TDS on Commercial Rent

  1. Check who the tenant is

    A company, firm, LLP, or any person whose accounts are audited deducts under the business rent provision. An individual or HUF not under audit follows the separate rule and files Form 141.

  2. Check the landlord's PAN and the rent threshold

    Collect the landlord's PAN and check that rent to the same landlord is above the threshold of ₹50,000 per month, about ₹6 lakh a year.

  3. Deduct TDS at the right rate

    Deduct 10% on rent of land, building, or furniture, and 2% on rent of plant, machinery, or equipment. Where GST is shown separately, TDS is generally deducted on the rent without GST.

  4. Deposit with payment code 1009 or 1008

    Pay the TDS online by the 7th of the next month using code 1009 for building rent or code 1008 for machinery rent.

  5. Report the deduction in Form 140

    File the quarterly statement in Form 140 by 31 July, 31 October, 31 January, and 31 May, with the landlord's PAN and challan details.

  6. Issue Form 131 to the landlord

    After Form 140 is processed, download Form 131 from TRACES and issue it to the landlord within 15 days from the due date of the statement.

Due Dates for Rent TDS Deposit, Form 140 and Form 131

QuarterPeriodForm 140 DueForm 131 Due
Q1April to June31 July15 August
Q2July to September31 October15 November
Q3October to December31 January15 February
Q4January to March31 May15 June

Business tenants generally deposit TDS by the 7th of the following month. Example: TDS on October 2026 rent is deposited by 7 November 2026, reported in the Q3 Form 140 due 31 January 2027, and certified by Form 131 by 15 February 2027. Individual and HUF tenants pay within 30 days from the end of the month of deduction and issue Form 132 within 15 days from the Form 141 due date.

Interest, Late Fee and Other Consequences

DefaultConsequence
TDS not deducted on timeInterest at 1% per month or part of a month
TDS deducted but not deposited on timeInterest at 1.5% per month or part of a month
Late filing of Form 140Late fee of ₹200 per day, capped at the TDS amount
TDS not deducted or deposited on rentA part of the rent expense may be disallowed in your income tax computation

GST and Income Tax Points for Landlords and Tenants

Commercial rent is generally a taxable service under GST, so landlords whose rent crosses the turnover limit need to register for GST online. Ask the landlord to show GST separately on the invoice, because TDS is then generally deducted on the rent without GST. Landlords also report rent income in their return and claim the TDS credit using Form 131 and Form 26AS. See our ITR-2 filing guide for property and salary income and ITR-3 return filing for landlords with business income.

Frequently Asked Questions on TDS on Commercial Rent

Is TDS applicable on commercial property rent?

Yes. Businesses and other tenants who are required to deduct must deduct TDS on rent paid to a resident landlord for an office, shop, warehouse, showroom, or factory building when the rent crosses the threshold.

Which section applies to TDS on rent under the Income-tax Act, 2025?

Rent paid by companies, firms, and audited persons falls under Section 393(1), Table Sl. No. 2(ii), which replaced Section 194I. Rent paid by an individual or HUF not under audit falls under Table Sl. No. 2(i), which replaced Section 194-IB.

What is the TDS rate on commercial property rent?

The rate is 10% on rent of land, building, furniture, or fittings and 2% on rent of plant, machinery, or equipment. Individuals and HUFs not under audit deduct 2%.

What is the threshold limit for TDS on rent?

TDS applies when rent to the same landlord exceeds ₹50,000 per month or part of a month, which is about ₹6 lakh in a year. This was raised from the earlier limit of ₹2.4 lakh per year.

What are the payment codes for TDS on rent?

Code 1009 is used for rent of land, building, or furniture at 10%, and code 1008 is used for rent of plant, machinery, or equipment at 2%. Individual and HUF tenants not under audit file through Form 141 instead.

Which forms are used for TDS on commercial rent?

Business tenants report rent TDS in Form 140, the quarterly statement for non-salary payments, and issue Form 131 to the landlord. Individual and HUF tenants not under audit use Form 141 and issue Form 132.

Is TDS deducted on the GST amount in rent?

Where GST is shown separately in the rent invoice, TDS is generally deducted on the rent excluding GST. If GST is not shown separately, TDS applies on the full amount.

What is the due date to deposit TDS on rent?

Business tenants generally deposit TDS by the 7th of the following month and file Form 140 each quarter. Individual and HUF tenants under the separate rule pay within 30 days from the end of the month in which TDS is deducted.

What if the landlord does not give a PAN?

TDS is deducted at a higher rate, generally 20%, instead of 10% or 2%. Collect a valid PAN from the landlord before the first rent payment.

What is the penalty for not deducting TDS on rent?

Interest applies at 1% per month for late deduction and 1.5% per month for late deposit, and a late fee of ₹200 per day applies for late filing of the statement, capped at the TDS amount. A part of the rent expense may also be disallowed in your income tax computation.

Stay Compliant on Commercial Rent TDS

Join 50,000+ customers who trust us with their tax filings. We handle the right code, challan, Form 140, and Form 131 so your landlord gets full credit.

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This page is for general information based on the Income-tax Act, 2025 and current guidance. Please confirm your specific case with a tax professional.