Prior to the Finance Act, 2020, there was a uniform rate of TDS under Section 194J of the Income Tax Act,  the amendment has now introduced another rate of  2% TDS in addition to the existing 10% for certain payments.

Now the as amended by the Finance Act, 2020, following nature of payments will attract 2% TDS;

  1. Fee for Technical Services (Where it is not being in the nature of professional services) and
  2. Royalty (Where it is in the nature of consideration for sale, distribution or exhibition on cinematographic films.

For others, previous rate of 10% will continue to apply.

The meaning of Fee for Technical Services is as defined by the Explanation 2 of Section 9(1)(vii) and meaning of Royalty is as defined by Explanation 2 of Section 9(1)(vi). Further prior to the Finance Act, 2020, there was no significance of knowing a payment whether it falls under Professional or Technical Fee or Royalty since all of them will fall under the same rate of TDS of 10%.

As the rate of TDS on Fee for Technical Services will be applicable at reduced rate of 2% only if it not being in the nature of professional services, let us look into the definition of Professional Services covered under Section 194J;

  1. Legal
  2. Medical
  3. Engineering
  4. Architecture
  5. Accountancy
  6. Technical Consultancy (will be disputed area after amendment made by Finance Act, 2020)
  7. Interior Decoration
  8. Authorized Representatives
  9. Film Artists
  10. Certain Sports Activities related persons
  11. Company Secretaries
  12. Information Technology
  13. Sports Persons
  14. Umpires (Sports Personnel)
  15. Referees (Sports Personnel)
  16. Coaches and Trainers (Sports Personnel)
  17. Team Physicians (Sports Personnel)
  18. Physiotherapists (Sports Personnel)
  19. Event Managers (Sports Personnel)
  20. Commentators (Sports Personnel)
  21. Anchors (Sports Personnel)
  22. Sports Columnists (Sports Personnel)